Hylton-Potts Law Blog

Legal Issues and Opinions affecting people from across the UK


How to stop a social media imposter

I own a private ‘Butler’/housekeeping’ service for high net worth clients. We use Facebook alot. One of our consultants has been impersonated online and the person behind this fake profile is posting defamatory information about our services and clients. It is seriously damaging our business, but how do we take action without knowing who is responsible? Rodney Hylton-Potts, leading litigation lawyer said; Report the abuse to the social media site operator. Its terms and conditions will show how this can be done. Online notification can be difficult and so you should write a legal letter to the company requiring it

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RISING FROM THE ASHES

What is a Phoenix? A phoenix is when an insolvent liquidated company is continued by its directors using a new company, which often trades using an identical or similar name to the liquidated one. The new company will have had the benefit of the old company’s assets having been transferred to it usually at no value. However the intention will be to exploit the goodwill of the formerly liquidated company. Because each company is a separate legal entity, creditors of the old company cannot claim against the new company. Sections 216 & 217 of the Insolvency Act curb ‘phoenix trading’

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Jailed Breast Op Benefits Cheat

09 MARCH 2012 Benefits cheat who faked his own death and used handouts to pay for wife’s breast operation is jailed Couple claimed benefits despite owning five properties in London and sending their children to private school But when Stephen Kellaway feared police were onto them, the pair cooked up a plan It involved him hiding out and wife Nelli collecting £1.7m in life insurance They were eventually caught when he was found sleeping rough in Bangkok airport By Tom Kelly A benefits cheat who used handouts to pay for his wife’s breast enlargements then faked his own death to

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How to hire a foreign worker

Want to hire non-EU workers? New laws mean the process is changing What does this mean for UK businesses seeking to employ non-EU nationals? Leading London employment lawyer Rodney Hylton-Potts explains. The changes – and their implications: Previous Tier 1 (General) visas These have been abolished and replaced by the “Tier 1 (Exceptional) Talent Visa scheme”. Only 1,000 applicants may receive these visas per year. To qualify, they must be internationally recognised as a world leader in the arts and sciences, or possess potential world-leading talent in the arts and sciences. A score of 75 points must be attained under

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News of the World closure and shredding records

The following appeared on the Guardian.co.uk’s live coverage of the News of the World closure (link here); —- Owen Bowcott has been looking into claims from the media lawyer Mark Stephens that the News of the World closure might enable a liquidator to shred a backlog of potentially incriminating emails and documents. “Why would the liquidator want to keep [the records]?” Stephens told the news service Reuters. “Minimizing liability is the liquidator’s job.” But the London insolvency practitioner Rodney Hylton-Potts dismissed the idea as legally implausible. “In a liquidation, a liquidator takes over all the books and records but that

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Mirror Orders

W v W (Minor) (Mirror Order) [2011] EWCA CIV 703 The case concerns the nature of the Mirror order, the jurisdiction of the High court to make one, and the consequential effect of one. Where a parent has a final Order affecting children abroad, and wishes to visit England/ Wales, a wise precaution is a Mirror Order obtained in England/Wales. This is an Order to confirm the regime laid down by the foreign court Order during on a visit to the UK. A parent however must take care that the child does not become habitually resident in England and Wales,

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Out with the Old

Family Procedure Rules Came into effect on 6 April 2011 Some familiar phrases will be consigned to history, with the most notable changes being: ‘Ancillary relief’ becomes ‘financial order’; Divorce proceedings become ‘matrimonial proceedings’ A petition will simply become an ‘application’ Costs The presumption that each party pay their own costs is excluded from applications for maintenance pending suit/interim periodical payments. This should therefore mean that the losing party in such applications will be facing the risk of cost order. Applications to vary maintenance pending suit/interim periodical payments orders are not included within this exception. Mediation. Apart from certain exceptions,

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How to escape a ban for speeding

A man escaped a driving ban after being caught speeding to his critically ill son’s bedside has received no fine and no points after being clocked at 128mph. Lloyd Ansermoz was relaxing at home on a warm summer evening when the phone rang. It was the call every parent dreads: his son had collapsed and was to be rushed to hospital in a critical condition. Ansermoz left his home in Runcorn, Cheshire, jumped into his Mercedes and sped off towards a hospital in Sutton Coldfield, 60-odd miles away in the West Midlands. He would say later that he knew he

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Ringfencing business or inherited assets

A Court of Appeal case has made it easier for a business owner to ring fence business assets, or either spouse to ring fence inherited assets. The starting point in divorce settlements is 50/50, but this is not the finishing point. Mr Jones, who started work at the age of 15 as a marine engineering apprentice, built a career in the North Sea oil and gas industry and now lives in a castle near Aberdeen. Before the couple were married, he spent 10 years expanding a specialist gases business supplying the oil industry. At the time of their divorce proceedings

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Alex Reid will get a pay-off

Click here to read the full article about the divorce of Katie Price and Alex Reid. Leading London lawyer Rodney Hylton-Potts told new that Alex should expect a chunk of Jordan’s earnings. “In all divorces, the starting point is 50:50,” he said. “But that doesn’t always apply in shorter marriages, as we saw with Heather Mills -who got half what Paul McCartney earned during the four years they were together. “There’s money from magazine and TV deals, which arose because Katie met Alex. With a good lawyer, he’ll get half her net earnings after tax for the entire period they

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