Entering into informal property transactions without the benefit of legal advice is a recipe for disaster, as a young man found out when his relationship with his girlfriend ended acrimoniously and she insisted that he had no interest in the house that they had shared. The man had agreed to the property being held in his girlfriend’s sole name because he had a poor credit history and was concerned that he would be rejected by the mortgage provider. After they split up, he applied to the Land Registry to register his beneficial interest in the property, but that was resisted…
With new guidance having been issued regarding the interpretation of ‘need’ for the purpose of financial settlements on divorce, a recent case shows how the courts have been moving away from a rigid adherence to the principle of ‘equality’ in the division of assets. It involved a wealthy couple who had in excess of £10 million in assets when they commenced divorce proceedings 14 years after they married. The ex-husband argued that his former wife’s claim for a half share of the assets was not appropriate because he already owned their main asset – a care home business – when…
A recent decision of the High Court will come as a comfort to those whose ex-spouses have fallen into arrears with their child maintenance payments. It involved a man who was behind with child maintenance payments payable to the Child Support Agency when he died. He had also agreed to maintain a life assurance policy which would provide for his ex-wife and child in the event of his death. Without telling his ex-wife, he stopped making payments so it lapsed. Had she known, she could have paid the premiums herself. His estate was insolvent if the maintenance liabilities were recognised…
Obedience to court orders is not voluntary and judges possess a battery of powers to enforce compliance. In one case, a divorcee who barricaded himself into his former matrimonial home in order to prevent its enforced sale was given ten days to move out – or go to prison. The sale of the £500,000 farmhouse had been ordered so that the proceeds could be divided between husband and wife as part of their £6 million divorce. However, over a prolonged period, the husband had refused to leave. He was said to have surrounded the property with barbed wire and to…
Many people dream of leaving their job and setting up their own business – but it is vital to remember your former employer’s rights when doing so. In a recent case, an IT salesman who misused confidential information to give his new venture a head start was financially ruined by a High Court ruling (Decorus Limited v Penfold and Another). Daniel Penfold commenced employment with Decorus Limited as a sales account manager in April 2012 and left on 8 February 2016 to set up his own business. Prior to resigning from his post, he viewed client lists and sensitive pricing…
If you’ve been following the papers recently, you’ll know that a particularly controversial article by the Daily Mail was published towards the end of last month. In what was referred to as a “shock admission”, the Head of the General Medical Council (GMC) claimed that due to a loophole in EU law, British patients are at risk from thousands of EU doctors. We at Hylton-Potts are passionate about helping competent medical professionals gain employment within the British healthcare system, so when we came across this story, along with the inspiring retort from one NHS surgeon, we felt it our duty…
Divorce can be one of the most devastating life experiences to go through, both emotionally and financially. Although it’s easy to think that you will never grow apart, we have seen the frustration and distress on our client’s faces when they realise the implications for not having signed a prenuptial agreement. Regardless of how you feel about your other half, the most important thing is that you protect yourself, which is why we try to educate people about prenuptial agreements. They are not casting doom and gloom on the happy occasion of a wedding, they are merely there to provide…
We’ve written on this blog before about the unprecedented pressure that is being placed upon NHS workers, and how EU migrants in particular are helping to bridge the gaps in those services and help give invaluable support during these turbulent times. This week, we’re discussing the midwifery profession, as new figures and trade bodies have thrown this topic of conversation back into the limelight. Not only is there a huge amount of concern across the UK as more midwife units close and senior professionals retire to leave huge gaps in service provision, but Brexit has also had an impact. We’re…
We deal with people every day who say that they are being unfairly investigated for benefit fraud. It’s a sad reality of the tax credit system that many errors are made, and people are often wrongly accused of lying about their circumstances and financial positions. It has been claimed in recent months that the blame for a large proportion of these errors lies at the feet of a company called Concentrix. If you’re unfamiliar with this name then you’ve come to the right place, because it’s our job as legal professionals to make sure you stay up to date with…
One of our main areas of expertise is benefit law, and because of our in-depth knowledge, we understand how difficult it can be for people who aren’t legal professionals to understand it. By talking to us, you’ll have decades’ worth of experience at your fingertips, but it can still be useful to know a little information before you come to see us. It could be that you’re unsure of what the term “benefit fraud” actually refers to, or it could be that you’ve received a letter claiming that you’re being investigated. Whatever your reason for landing on this page, don’t…
