MEMBER OF THE INTERNATIONAL, FEDERAL AND NEW YORK BAR ASSOCIATIONS
Our senior consultant Rodney Hylton-Potts is a top international lawyer and was a leading London solicitor for over 25 years.

Archive for November, 2009

Delayed Flight Compensation

Monday, November 30th, 2009

Airline passengers whose flights are delayed by more than 20 hours now have the same rights as those whose flights were cancelled.

If you wish to make a claim against an airline consult the experts – Hylton-Potts Legal Consultants

Call us today – 020 7831 8111 or email – law@rhplaw.co.uk

Vote: 1

Lies told in court "quite rightly" do not lead to penalties

Monday, November 30th, 2009

A senior judge said:

“Lies are told in litigation every day up and down the country and quite rightly do not lead to a penalty being imposed in respect of them.”

Ward LJ was speaking at the Court of Appeal, giving judgment in a case where a claimant had greatly exaggerated her personal injury claim.

The court heard in Widlake v BAA that the claimant was employed as a security guard at an airport when she fell down a staircase because of a loose rider beneath the top step.

She claimed £150,000 for loss of earnings as a security guard for the rest of her life.

The Defendants carried out secret video surveillance, which “did not show any evidence of disability”.

The Judge said that Widlake had “deliberately concealed” her previous history of back pain from her medical experts in the hope of increasing the amount of compensation.

As a result, he awarded her only £3,500 for pain and suffering

At the Court of Appeal, Lord Justice Ward said: “In addition to looking at it in terms of costs consequences, the court is entitled in an appropriate case to say that the misconduct is so egregious that a penalty should be imposed upon the offending party.

“One can, therefore, deprive a party of costs by way of punitive sanction. Given the judge’s findings of dishonesty in this case, that may be appropriate here.

“I sound a word of caution: lies are told in litigation every day up and down the country and quite rightly do not lead to a penalty being imposed in respect of them.

“There is a considerable difference between a concocted claim and an exaggerated claim and judges must be astute to measure how reprehensible the conduct is.”

The words quite rightly have caused a storm. What are your views?

Vote: 0

Lies told in court “quite rightly” do not lead to penalties

Monday, November 30th, 2009

A senior judge said:

“Lies are told in litigation every day up and down the country and quite rightly do not lead to a penalty being imposed in respect of them.”

Ward LJ was speaking at the Court of Appeal, giving judgment in a case where a claimant had greatly exaggerated her personal injury claim.

The court heard in Widlake v BAA that the claimant was employed as a security guard at an airport when she fell down a staircase because of a loose rider beneath the top step.

She claimed £150,000 for loss of earnings as a security guard for the rest of her life.

The Defendants carried out secret video surveillance, which “did not show any evidence of disability”.

The Judge said that Widlake had “deliberately concealed” her previous history of back pain from her medical experts in the hope of increasing the amount of compensation.

As a result, he awarded her only £3,500 for pain and suffering

At the Court of Appeal, Lord Justice Ward said: “In addition to looking at it in terms of costs consequences, the court is entitled in an appropriate case to say that the misconduct is so egregious that a penalty should be imposed upon the offending party.

“One can, therefore, deprive a party of costs by way of punitive sanction. Given the judge’s findings of dishonesty in this case, that may be appropriate here.

“I sound a word of caution: lies are told in litigation every day up and down the country and quite rightly do not lead to a penalty being imposed in respect of them.

“There is a considerable difference between a concocted claim and an exaggerated claim and judges must be astute to measure how reprehensible the conduct is.”

The words quite rightly have caused a storm. What are your views?

Vote: 1

Contact and Grandparents

Sunday, November 29th, 2009

Separating couples assume that the children will have the main base with one of them.

That is not guaranteed. The children have the rights, and the paramount consideration is what is in their best interests.

There are cases, increasingly, when the main base ends up with a grandparent,

The Court of Appeal has said that where the parents are deadlocked, they can end up both miss losing out.

Do you want this to happen to you?

Contact Rodney Hylton-Potts today – 0207 381 8111 – We are London Divorce Lawyers

Vote: 12

Private Eye – Kelvin MacKenzie – Political Pop Idol

Wednesday, November 25th, 2009

How to get the electorate interested in politics?

Kelvin MacKenzie has the solution: a TV hustings show modelled on The X-Factor.

“If I were the political leadership of this country I would go to Simon Cowell and ask him to come up with a format,” he writes in his Sun column.

Private Eye

Kelvin seems to have forgotten that ITV devised just such a format five years ago for its series Vote For Me, which was described at the time as a political version of Pop Idol. And the Judge in the Simon Cowell mode on that show was Kelvin Mackenzie.

Why the amnesia? One of the contestants in Vote For Me was a chap called Rodney Hylton-Potts, whose “cabbie’s manifesto” including the mandatory castration of paedophiles, the repeal of the human rights act, a massive prison-building scheme and an immigration deportation programme to reduce Britain’s population by 20m – put him to the right of the BNP. Even the Sun described him as a “swivel-eyed right-wing lunatic”. To the huge embarrassment of Kelvin and ITV, Hylton-Potts won – thus ensuring that there would never be a second series.

Vote: 1

Getting Married Abroad

Thursday, November 19th, 2009

A marriage which took place abroad under foreign local law cannot be registered here unless one of the couple is a serving member of, or is attached to, the British Armed Forces at the time of the marriage. This should be discussed with the Forces prior to the marriage taking place.

However, a record of the marriage may be lodged in the UK with the General Register Office by depositing an original marriage certificate. This means that in future a marriage certificate could be issued by the General Register Office here, should the need arise.

This makes a later divorce much easier.

Vote: 1

The Sex Contract

Thursday, November 19th, 2009

Even an allegation of sexual, or worse rape, can destroy a life.

Consider getting your date to sign a Sex Contract.

Before you look away, or laugh think of the up and the downside!

This is what it might look like;

Sexual Consent Form & Right of Privacy Agreement

I, ________________________________of ,  ____________________________ hereby declare under penalty of perjury that I am over 16 years old.

I further declare that this agreement is of my own free will and that neither I nor anyone near or dear to me has been threatened with harm or embarrassment.

Both parties agree that this is a private agreement not to be disclosed to third parties except in case of accusation of sexual misconduct by the agreeing party. If he/she shows or makes public this agreement without accusation of sexual misconduct, it is agreed that he/she will be liable for damages for invasion of privacy.

By initialing, _____ I agree to engage in all or some of the following consensual acts below:

  • Sexual fondling and kissing
  • Oral sex (mutual)
  • Oral sex (unilateral) by _____________________only
  • Sexual intercourse (with a condom at all times) (DELETE IF CONDOM NOT A REQUIREMENT)

Other consensual sexual conduct to be specified:

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

I further declare that I am at this time not under the influence of alcohol, drugs or medication and agree to engage in consensual sex with:

__________________________________

At this time I do not intend to change my mind before the sex act or acts are over, and this agreement shall continue without time limit. If I wish to change my mind I will put it in writing, including text or e-mail to the other party.

Signed: _________________________ Date: __________________________

Signed: _________________________ Date: ____________________________

Disclaimer: Check with your lawyer before entering into any agreement.

Download a printer friendly version here

Vote: 6

Benefit Fraud Crackdown – They are closing in!

Wednesday, November 11th, 2009

New estimates of Benefit fraud exceed £1 billion, of which over half relates to Housing Benefit. They are particularly targeting people who pretend to be living alone.

Benefit fraud investigation teams have been beefed up, and their budget increased. They use secret surveillance, cameras, accessing bank accounts and mobile phone records.

If you think you may have broken the rules talk to experts now. Do not wait for them to get to you first.

Phone Rodney Hylton-Potts today on 020 7381 8111 or email law@rh-p.net for an informal chat about how we can help you

Vote: 3

The importance of reading the small print

Wednesday, November 11th, 2009

Get the contract right or go to jail

Lawyers to companies routinely (and annoyingly) urge directors or partners to check their trading practices “small”.

Some even offer a review free of charge, the credit crunch being what it is!

Most clients put this on one side for ever, but now there is an extra reason for actually doing it.

The Trading Standards and Office of Fair Trading have shown that they are increasingly willing to take criminal action in relation to commercial practices and unfair terms.

They have recently targeted both Foxtons and Ryanair. The penalties are fines up to £5,000 and/or two years in prison.

When drafting a contract it is probably not what was expected.

Boring it is but it should not be put off now.

Contact Rodney Hylton-Potts on 020 7381 8111 or email law@rh-p.net for your free small print review.

Vote: 2

Excuses to delay payment

Wednesday, November 11th, 2009

Are you owed money?

Have you ever heard any of the following excuses?

  • I have lost the invoice.
  • I dispute the verbal estimate.
  • Goods were not received.
  • The statement not received.
  • I cannot agree the statement.
  • Computer is down.
  • The accountant has broken his arm.
  • The accountant is sick.
  • The accountant is dead.
  • The accountant absconded with the tea girl.
  • We have no accountant.

THEN you get a cheque BUT

  • No signature
  • Figures and words disagree.
  • Two signatures required but only one there.

OR

  • Missed cheque run.
  • Run out of cheques
  • Annual stock in trade.
  • End of financial year.
  • Goods located but it was sale or return.

And finally

  • Don’t you know there is a war on.
  • Send your credit note so we can balance your account.

If you have heard any of the above excuses, you need a Rottweiler so contact Rodney Hylton-Potts on 020 7381 8111 or email law@rhplaw.co.uk.

Tell him about the money you are owed and he will, free of charge, advise you on the options costs and timing. A ‘Rodney’ special letter is not one that people ignore or put inder the clock.

What have you got to lose?

Vote: 2

 

You need to log in to vote

The blog owner requires users to be logged in to be able to vote for this post.

Alternatively, if you do not have an account yet you can create one here.

Powered by Vote It Up