Hylton-Potts Law Blog

Legal Issues and Opinions affecting people from across the UK


Class Actions

The nearest we have had in the UK to as a US class actions have related to the tobacco industry, are not really accepted in English law. We are pioneers in this area, however, and have joined clients together in what is, effect an a class action to put pressure on for example Local Authorities, Government departments and stubborn big business. We fight for the little man, woman and their children. Rodney did not get his nickname Rottweiler by being ‘touchy-feely’. David and Goliath is for us a challenge and not remotely intimidating. If you feel bullied telephone the expert

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Ashley and Cheryl Cole’s Chihuahuas

Hylton Potts says…. ‘I decline to give detailed comment on speculation that I am advising either Ashley Cole or Cheryl Cole, or indeed not both of them, which would not be proper. What I can say is pet custody battles can be bloody. Their Chihuahuas Buster and Coco could be subject to a battle, as bitter as for those of the £22,000,000 of assets. Couples must understand that a pet may seem like a family member. To a court it is just another possession to be divided at divorce. Be aware that if the animal was yours before the marriage

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Teachers disciplined for sexual misconduct

Win the right to a lawyer Teachers facing disciplinary action because of sexual misconduct allegations involving pupils have the right to a lawyer. The teacher (a man) kissed the boy (15) in a local church. He was dismissed after the boy’s parents read about the kiss in their son’s diary. The school reported the teacher to the Secretary of State for Schools, who, has the power to ban teachers for life from working with children. Delivering judgment, Lord Justice Laws said that a lawyer might make a “great deal” of difference to the “flavour and emphasis” of the governors’ conclusions,

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Can we remove an executor?

How many beneficiaries of wills complain about an executor, who is too slow and expensive? Nearly all, and often the criticism to justified. A professional executor’s client is dead so it can easily go to the bottom of the pile. Here at Hylton-Potts Legal Consultants, we help you replace the Executor with you the beneficiary, to take over the winding up on an estate for a fraction of the price of a professional executor and much more quickly. The costs are usually less than £1000. A Mr David Khan is applying to the High Court. Keep an eye on the

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The World’s Favourite Airline?

Imagine the scene. You and your wife board a BA flight, and you find yourself sitting next to a 12 year old boy travelling alone. The steward asks you to move. You ask why, and are told that this is a policy, which in effect treats all men as perverts. A fairy story? Not at all. This is a case before the Slough County Court where a humiliated and furious businessman, with a wife and children of his own has had enough of it. All of us should boycott BA flights until this outrageous discriminatory unlawful practice is stopped. What

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The Detective Spouse

Where a wife (usually) suspects that her husband is concealing assets, she turns detective. Copying documents, steaming open post, listening to phone calls and rummaging through his papers, to find secret bank accounts, credit cards and assets held in a third party names. often a mistress. In the case of Hildebrand the Judge ruled that a document left lying around can be copied, and used in a divorce financial claim. The celebrity chef Pierre Marco White is hitting back and is taking his ex-wife and her solicitors to court for dirty tricks. Shivers have gone down the spine of family

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Stamp Duty on Goodwill – the season of goodwill by the tax man?

Goodwill arises from the business and personal relationship between the person who runs the business, and its clients or customers and the reputation of the business. It has a value. It can often have a higher value, than a lease or fixtures and equipment. Judges have talked about cat goodwill, dog goodwill, rat goodwill and even rabbit goodwill, and when you hear what they all mean, they mean, you will laugh but your head will spin. The tax man attempts to tax goodwill but this can and should be resisted, with expert advice. Also the split of the price between

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They took the light bulbs and the loo rolls

A very common scenario when you move into a property, is to find that the seller has taken everything, sometimes literally down to light bulbs and loo rolls. The shit and has even stop you having one! Always inspect just before your lawyer, pays over the money on completion. You should be fully aware of what is a fixture and a fitting. Unless it says so in the contract, the seller cannot remove any fixtures in place on exchange. Many buyers instruct solicitors or conveyancers who offer a cheaper service. Fair enough but if a dispute like this comes up

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Disclosure to the tax man

In the United Kingdom and the United States, the current fashionable trend, in the credit crunch, is for the tax man to offer amnesty. Typically reveal your offshore accounts and only pay a 10% fixed penalty. As so often the devil is in the detail. and the small print. A 10% fixed penalty is attractive, but the decision is not one to be taken lightly or quickly. Think: 1. Is everything you are disclosing complete and accurate? 2. Does it include all offshore assets, and all unpaid taxes and duties over the last 20 years, on or offshore? 3. Has

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