Hylton-Potts Law Blog

Legal Issues and Opinions affecting people from across the UK


Boy’s wish to live with his mother sways court ruling

A schoolboy who was ordered by the High Court to live with his “wholly deserving” father has been allowed to stay with his mother at the end of an 11-year legal battle. The father left the hearing in tears, after a judge ruled that to protect the mental health of the 12-year-old boy, who has said that he hates his father, it would not enforce its original decision to remove him from his mother. The ruling brings to an end one of the longest contact disputes ever seen in an English court. Judge Clifford Bellamy, sitting as a deputy judge

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Benefits: A bounty to trap cheats

If you are worried that you have broken the rules, and want to stop a criminal prosecution or record consult the experts. For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or email [email protected].


Benefit Fraud Traps

It is not if but when. They are coming to get you. Credit agencies are used by banks, credit card firms and others to identify whether individuals have a bad credit history. Under the Government plans, the agencies will effectively be carrying out the process in reverse. Work and Pensions Secretary Iain Duncan Smith has been told to draw up detailed plans for a benefits crackdown. WHO’S WATCHING YOU? Credit check: Agencies hold details Credit reference agencies have a powerful role in determining who is granted mortgages, loans and credit cards. The three agencies, Experian, Equifax and Call-Credit, hold a

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Utility companies’ incompetence – claim for your time

We have all been angry and frustrated when a utility, or energy company, like British Gas is incompetent and you lose out, but now you can bring a claim. If your time is wasted e.g. you are self employed, and you have lost time and money, due to problems take them to court. Log every phone call, letter and time off work. We at Hylton-Potts can send you a spreadsheet free of charge if you e-mail us. Companies should realise that their customers’ time is just as valuable as their own. If you want compensation contact the experts – For

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Judges rule divorcing wives can no longer turn detective on spouse’s finances

DIY detective work by divorcing couples to expose a spouse’s hidden assets was declared unlawful in a landmark ruling, ending decades of traditional tactics in marriage disputes. Litigants will no longer be able secretly to seize papers or documents that they find lying around or access e-mails after the Court of Appeal held that this could breach a person’s rights of confidence and might also be a crime. Divorce lawyers immediately condemned the ruling, saying it would turn back the clock decades, reversing the principle that wives are entitled to an equal share when a marriage breaks up. It would

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Rich ex-wives are sent packing by divorce judges

Senior judges are taking a tough line with former wives of millionaires who return to court seeking to reopen divorce settlements. Judges have become concerned that the decisions of High Court, have led to London being the divorce capital of the world. Judges have thrown out attempts by former wives to challenge the terms of their divorce awards. In the latest, the former wife of the Conservative Party grandee Sir Paul Judge failed to amend a £6.6 million divorce settlement that she received nearly ten years ago. In another case, a wife who was awarded £7.5 million unsuccessfully tried to

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Pre-nups-the latest

A ruling is awaited in the case of the German heiress Katrin Radmacher and her former husband. Should pre-nuptial contracts be binding in law? The Supreme Court justices are wrestling with this issue – and their decision is expected shortly. Lawyers had been expecting the ruling by now – and speculate that the delay means the justices cannot agree; or at least will each give their own opinion. Nine judges are involved, and the decision is keenly awaited. The couple signed a prenuptial agreement that neither could claim against the other in the event of divorce but Mr Granatino, who

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Enfranchisement claims by commercial tenants seeking to buy the freehold

The Court of Appeal has ruled that a building designed as a house, but used entirely as an office could be considered a “house” for leasehold enfranchisement purposes. The floodgates are open, for all sorts of buildings that nobody would perceive as being a house. This ruling is clearly going to have a huge impact on a wide range of properties not only in London, but around the country. Whether a building was a “house” for the purposes of section 2 (1) of the Leasehold Reform Act 1967 should be determined “at least in the main” by its physical appearance

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Virtual Freehold

Estate agents and developers will offer you a virtual freehold. Take care. There is no such thing as virtual freehold. When a block of flats is developed each flat’s ownership should be sold/split as a new long lease, The freehold reversion should either be: a. retained by existing owner; or b. transferred to a newly-created company (limited by guarantee) of which each flat’s leaseholder should be a member. So be careful of falling for the sales patter ‘ virtual freehold’ when it is not even exist. Call or e-mail the experts for a free opinion. For more information or a

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Cohabitation appeal ruling prompts new calls for law review

Judges hearing cohabitation claims over a former couple’s home should only depart from the principle of equal interests where there is a clear indication of joint shared intentions to the contrary/ In the Court of Appeal, Lord Justice Wall said there was “a total lack of evidence about the parties’ intentions”, in this case and overturned the findings by the county court and High Court that the interests should shift to 90-10 in favour of Patricia Jones. Ms Jones and Leonard Kernott had lived together unmarried for eight years in the house they had jointly bought in 1985 in Essex,

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