Hylton-Potts Law Blog

Legal Issues and Opinions affecting people from across the UK


New Domestic Violence Laws To Protect Against Coercive & Controlling Behaviour

Whenever laws about domestic violence and domestic abuse are tightened, there will always be some people who feel that the revisions don’t go far enough, while there will be an equally vocal group arguing that the laws are too strict. Some will even question the need for having domestic violence laws at all, since violence of nearly every kind is already prohibited. New law has recently been announced, dealing with the very complicated issue of “coercive and controlling behaviour”. The reason why this is complicated is because it can be very difficult to define exactly where the line gets crossed,

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FERIS (Fraud and Error Reduction Incentive Scheme): What’s it all about?

If you say the word “FERIS” to most people, it will call to mind either the ferris wheels found at carnivals or that classic 1980s movie, Ferris Bueller’s Day Off. But for certain sectors of local Government, it represents a lucrative – if highly questionable – source of income. FERIS is a scheme introduced by the national Government in 2014, and the acronym stands for “Fraud and Error Reduction Incentive Scheme”. Let’s set aside for the moment that all levels of Government should already be fully committed to reducing fraud and error without the need for incentives. While the impact

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MPs get on the warpath over tax credit cuts and restrictions

We talk a lot on this blog about injustice. One of the most fundamental principles of justice is that anyone who stands accused of wrongdoing should at least have the opportunity to clear their name before any punishment may be applied to them. Currently there is a great injustice being perpetrated against the British public, and it is that anyone accused of benefit fraud (including tax credits claimants) is officially treated as guilty until they can clearly establish their innocence, with at least partial penalties being applied against them with immediate effect. The consequences of this policy can be devastating

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Constructive trusts and benefit fraud

An excellent article in the Solicitors Journal www.solicitorsjournal.com Is well worth a read, if you have a problem involving benefit fraud and property problem with something held in somebody else’s name. The Court of Appeal judgment in O’Kelly v Davies clarifies the law. In that case the property was initially owned in the joint names of the claimant and defendant, who lived in the property together. The property was then transferred into the sole name of the defendant. This was done, as the judge said, ‘the better to enable the [defendant] to make fraudulent claims for benefit’. Nevertheless, the judge

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Unmarried Couples: what happens if you break up?

For a variety of reasons, many people these days are making the choice to live together without the formality of a marriage. It could be that one or both of the partners is already married to somebody else and can’t obtain a divorce. It could be that they have some kind of atheistic objection to the concept of marriage and all the ceremony that goes with it. Or it could be entirely the opposite, where the couple is waiting until they can afford to splash out on a really lavish and opulent wedding. Whatever the reason may be for why

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A not-so-festive season for some: cuts hit hard at Christmas

Christmas has been a British tradition since long before the arrival of Christianity, albeit in those early days it was known as Yule. This is why you will sometimes hear Christmas referred to as Yuletide, though I dare say many of those using the alternative name probably have no idea of its origins. Anyway, the point is that Christmas is one of the oldest surviving traditions in British culture, with the only close competitors being the wishing well and Easter. Yes, that’s right, Easter too, which was originally the festival of Oester, goddess of fertility (after whom the hormone oestrogen

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Official views towards non-UK Medical Professionals not mirrored by Public

Looking at all the hurdles medical professionals are expected to jump in order to gain the right to practice in the UK, you may be led to think that British people collectively take a dim view towards foreign doctors and nurses. In fact, this is far from the truth, because most of the negativity is dreamed up by the media (who are keen to sell sensational stories) and government officials who need to be “seen doing something”. This kind of petty bureaucracy is not unique to the UK. You will find it in many countries, but in the UK the

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Dealing with Christmas After Divorce

Getting divorced is tough, but for families with children, the first Christmas after a divorce is especially tough. Ask any group of children what they want for Christmas and along with the predictable requests for bikes and ponies, you’ll find more than a few who will test your heartstrings by saying something like, “I just want Daddy to come home”. Young children especially find it challenging to understand divorce, and may not be aware that it is a permanent arrangement. Certainly the movies and stories aimed at young children add to the problem with the way they portray marriage as

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Cruel Strategy: The Sting of a False Accusation

Apart from being a genuine victim of serious crime, one of the few things that can come close in terms of impact is being wrongfully accused of such a crime. Imagine how much more devastating it can be when the accuser is somebody that you love, somebody that, in times past, you would have trusted with your life. Now imagine that the accusations are of a sexual nature. Then imagine that they are about your own children. Each of these things is a whole new level of injustice, but the sad and shocking news is that there are people out

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PAC takes a dig at HMRC and DWP regarding overpayments

If you’re depending on tax credits to help you get by right now, there are people working on all sides of the political spectrum trying to make things even tougher for you. That’s whether you’re doing the right thing or not. But it’s especially the case if you’re not. Published at the end of October, the latest report and recommendations from the Committee of Public Accounts was highly critical of the government’s efforts to recover overpayments of tax credits and benefits. The Committee pointed out that HMRC pays out approximately £29 billion in tax credits, which sounds like a lot,

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