Rodney Hylton-Potts said Many people wrongly assume their rights are covered by common law marriage as a result of cohabitation, but there is no such thing as a common law wife. The law The orders available to spouses do not apply to cohabitants, who have normatively relied on strict contractual law and property law principles on relationship breakdown. Cohabitants have no right to claim maintenance for themselves; they are not automatically next of kin for one another and do not automatically inherit the other’s property when one dies intestate. However, steps can be taken by cohabitants during their relationship in…
Rodney Hylton- Potts, leading family lawyers said: Court rulings have seen an increased focus on needs as the prevailing factor when quantifying such payments. There has been a move towards term orders and away from joint lives orders. Statutory provision By section 25A of the Matrimonial Causes Act 1973, when making a final order, it is the duty of the judge to consider whether it would be appropriate to impose a clean break, as soon as it just and reasonable. Also judge shall consider whether those payments should be made for a limited term which would be sufficient for the…
The Daily Mail article attached is a salutary tale, but it’s real lesson is the conviction of the benefit cheat’s husband. Click to read: Benefits cheat given £135,000 because she was ‘too frail to open a bottle’ is caught scuba diving on holidays around the world A benefit fraudster is usually helped by a family member, typically a spouse or partner, who often is not prosecuted. The benefit fraud investigators are tightening up on this considerably, and as in this case, the two spouses or partners will be alongside each other in the dock charged with obtaining money by deception,…
My brother and I each hold 40 per cent of shares in the new company, with the remainder of the equity held by a family friend, who provided initial funding. We have trademarked the business name and just signed the lease on our new premises. The investor has asked to see a draft shareholders’ agreement. My brother thinks we don’t need one, as we are unlikely to fall out. Can you advise? Starting a business with family or friends does not negate the need for formal arrangements. Such relationships have been tested by the daily strain of running a business…
Rodney Hylton-Potts, leading family lawyer has warned that restrictions on cross-examination by litigants in person may be needed, if the family courts are to cope with the impact of 2013 legal aid cuts. He said judges were was likely to promote a new process for standard cases to help courts cope with a volume of previously represented parents”. ‘Judges will devise an inquisitorial environment within which most decisions will be made. Instead of parties cross-examining each other, judges will identify the issues they needed to explore in more depth and examine the parties themselves. It will be more akin to…
Rodney Hylton-Potts, leading family lawyer, outlines the key points to consider whether you are a relocating parent or the party opposing. Where a party is seeking to remove a child from their home, other parent, school, friends, family and established way of life, research on the impact such a move has on a child is fundamental. (i)If you are the parent who wishes to leave the jurisdiction, and you are dealing with the divorce and financial relief at the same time, inform the other side. Do not wait until the end of financial proceedings/settlement to announce a move. (ii) Capital…
Rodney Hylton-Potts, leading international divorce lawyer said today: The Tom Cruise/Katie Holmes custody announcements reveal far more on close examination. Katie was successful in “forum shopping” in choosing a New York judge who is more likely to raise serious concerns about Scientology than the more liberal, relaxed judges of Los Angeles. Any Prenuptial Agreement can to be set aside if there is serious misrepresentation. That is the risk Tom was taking if Katie could show he had withheld from her key information that could adversely affect the upbringing of their six-year-old daughter, Suri. His attachment to their military wing is…
My small print business is struggling financially. To try to keep all staff on board, we have put forward a proposal to cut their salaries by 10 per cent. Of our 12 employees, two are against the proposals. Can we force the pay cut through, or will we need approval from everyone? Rodney Hylton-Potts, leading employment litigation lawyer said; It is unlawful to reduce salaries without the express consent of your employees, even if the majority of agreed, but there is a solution. You should provide the employees who face a pay cut with full details of the business, behind…
Leading litigation lawyer Rodney Hylton-Potts said Barclays’ problems have not stopped with the departure of Bob Diamond, and paying a record fine .They are liable for civil damages. Housing Associations and insurers are examining past trades to determine whether they have a lost. Two main features of Libor manipulation could have caused a loss. Rates set with reference to the Libor rate may have been set too high, for example before Lehman’s failed in 2008. And fluctuations may have triggered counterparties’ ‘opt-in’ or ‘opt-out’ clauses on agreed trades. The Bank of England should have been aware the Libor rates were…
We recently bought a new automated production line. The key part of the specification was for the line was to fill and pack at least one unit per second. When fitted, its maximum rate is one unit is 30 units every two seconds. We have had to add a second shift to compensate for the slow performance. What recourse do I have? Can I ask for my money back or get refund, or get compensation? Rodney Hylton-Potts, leading litigation lawyer said; The starting point is to read any written terms and conditions (‘small print’). There the buyer makes it known…
