Saturday, August 19, 2017
 photo 05873394-14be-4e3f-b9c7-36ad8e5cfcb0_zpsfytesxay.jpg
More

0
by Janette Ward

This month I would like to share with you about a wonderful organisation, The Brahma Kumaris World Spiritual University (UK). They provide opportunities for people from all backgrounds to explore their own spirituality and learn skills of reflection and meditation derived from Raja Yoga, which help develop inner calm, clear thinking and personal wellbeing.

I first became involved with the Brahma Kumaris in 2009 when I attended a Raja Yoga course in Bradford. I have since attended several one day workshops on wellbeing and trained to deliver their course ‘Spiritual Values in Healthcare’. My experience with Brahma Kumaris has been powerful, enriching and has greatly benefited me.

The Brahma Kumaris is an international organisation working at all levels of society for positive change and is the recipient of seven United Nations Peace Messenger Awards.

The Brahma Kumaris say that more and more people are adding some form of meditation to their daily routine, either as an effective means of managing stress, a way to relax and to improve health in general.

Raja Yoga meditation is a process of rediscovery, using and enjoying the positive qualities already latent within.

The concepts presented in this course are simple yet profound and are accessible to individuals of all backgrounds and beliefs. Simple and honest effort are the only prerequisites for success in meditation.

Whether you simply want to learn to relax and unwind, feel more able to concentrate and focus, be more creative or are searching for personal enlightenment, the Raja Yoga Meditation Course may be just the thing for you. The topics covered include Consciousness and Self Realisation, Mind Intellect and Subconscious, Connecting to the Divine, and The Law of Karma and Time.

There are two Raja Yoga courses happening in the next few months that everyone is welcome to attend in Huddersfield and Halifax.

The Brahma Kumaris are a registered charity and courses and workshops are free of charge, however, voluntary contributions are always gratefully received.

In Huddersfield the venue is Yorkshire Children’s Centre, Brian Jackson House, New North Parade HD1 5JP on Saturdays 29th July, 5th & 12th August at 2.00pm to 5.30pm.

In Halifax the venue is Orange Box Young People’s Centre, 1, Blackedge, Halifax HX1 1AF on Saturdays 16th, 23rd and 30th September at 2.00pm to 5.30pm

You can register for a place online: www.brahmakumaris.org/uk/bradford or you can telephone Margaret Shires of Brahma Kumaris Bradford on 01274 574209.

Below are some testimonials about the Brahma Kumaris:

M.R. in Pudsey: ‘Brahma Kumaris is a wonderful organisation which helps anyone who is interested to become more attuned to and to live in harmony with their intrinsic nature. They are all beautiful souls and it is a pleasure to spend time in their company’

U.K in Bradford: ‘A lovely atmosphere open space offered for everyone and to explore at your own pace. A space to experience complete focus on you and whatever you would like to work on. Guided meditations are a treat for those wanting to have a go’

J.P: ‘the best thing I ever did in 2016 is to join the Brahma Kumaris sessions, thanks for helping me’

Both the Raja Yoga courses will be facilitated by Manoj. He is an experienced meditation and self-development trainer. Manoj has been studying the subject of Raja Yoga and delivering talks, workshops and courses in Positive Thinking, Self-Esteem and Overcoming Anger for almost ten years and is known to be a lively presenter that combines practical down to earth strategies with humour making him a very popular speaker.

I cannot speak more highly of the Brahma Kumaris and of Manoj and I would suggest that if you are looking to feel happier, calmer and more effective, attending the Raja Yoga course would be a very positive first step.

More about the Brahma Kumaris can be found at brahmakumaris.org

More about me can be found at www.circleswork.co.uk

 

0
Steve McNichol. Managing Director of Se7en Services

In a time of mass political and social unrest, how can businesses protect themselves from the pitfalls of an uncertain world and economy?

With a snap General Election soon to be upon us, Brexit to be a reality in a matter of months and new attacks on people and infrastructures taking place each day, who in their right mind would want to own or manage a UK business?

In truth, today is no better or worse than yesterday to take the plunge into the world of commerce. Though the political and social climates may seem bleak, and with neither of the electoral front runners offering an obvious answer to fixing the economy without adding more pressure to struggling businesses, it is important to believe that there will always be a tomorrow for the UK economy. No matter what happens on June 8th and no matter the impact of Brexit, trade in Britain will continue, adapt and grow again.

There is no magic formula to achieving success, as individuals and business leaders, all any of us can do is be sure that we are as prepared as we can be to protect ourselves from changing times and unpredictable events such as those that occurred recently in Manchester. Key however, to giving yourself and your company the best chance of success are a few seemingly simple rules that I have learned through my professional career which will stand any leader in good stead.

  • Plan. Make sure that you are certain of your financial and strategic goals. It sounds simple but if you are unprepared, you will never be able to measure success and identify areas which need to be improved.
  • Research. Stay up to date with National and World News. If you are not aware of what is happening around you, you cannot adapt and stay ahead of the game. No business can prosper without a willingness to change with the times.
  • Listen. Take the best advice possible. Very few people can do every job in their organisation and a good leader recognises the importance of accepting help. If you surround yourself with good people and advisors, you are giving yourself the best opportunity to succeed.
  • Look forward. Embracing technology can make everything from enhancing communication to creating tangible operational efficiencies a reality. In a world in which Social Media is king, no true leader can drive a business forward without accepting changing times and maintaining a Social Presence.
  • Stop. All businesses are only as strong as their leaders. A leader is an ambassador to their clients and employees. If you are too tired to motivate your workforce and lead your business growth will stall.

As Managing Director of several successful businesses and having learned from the many mistakes that I have made along the way, I am proud to say that the mission of Se7en Services is to help every business become the best that it can be by providing support to our clients and helping every business to avoid the pitfalls that have befallen me along the way. We are proud to offer fair, unbiased, independent advice to anyone who wants to grow and protect their business.

The United Kingdom and particularly the North of England is an exciting place to be and to do business, even in these uncertain times. We have knowledge, creativity and tenacity to overcome the challenges that lay ahead and with confidence and drive can become a true force to be reckoned with. Keep faith, try, be willing to make mistakes and learn. Things will get better.

By Steve McNichol. Managing Director of Se7en Services.

0
by Janette Ward
by Janette Ward
The topic for this month is Procrastination – that is the avoidance of doing a task that needs to be accomplished. Research shows that everyone procrastinates sometimes but that 20% of people chronically avoid difficult tasks and deliberately look for distractions. I chose this topic because I have experience of procrastinating. I first became aware of it when I was studying and had assignments to write. Instead of getting on with them, I would clean the house, do the ironing, any jobs to put off sitting down and getting on with it. At the time it felt like strange behaviour because once I sat down to write, I did enjoy it. Procrastinating robs us of our peace of mind and can have a negative impact on our self-esteem.

There are several reasons why we might procrastinate. Not having developed sufficient self-discipline/self-control. In Psychology Today, is was suggested that having a harsh, controlling parent keeps children from developing the ability to regulate themselves, from internalizing their own intentions and then learning to act on them. Also perfectionists often procrastinate, often believing that it is psychologically more acceptable to never tackle a task than to face the possibility of making a mistake. Writer Robert Hanks wrote that it stems from a failure to ‘identify sufficiently with our future self.’ Also we often believe that we must feel good or ready before we embark on a task.

nrm_1410437857-procrastinationDr Joseph Ferrari, PhD Associate Professor of Psychology at De Paul University in Chicago, identified some behaviours of procrastinators. 1: They overestimate the time left to perform tasks. 2: They underestimate the time it takes to complete tasks. 3: They overestimate how motivated they will feel the next day, the next week, the next month – whenever they are putting things off. 4: They mistakenly think that succeeding at a task requires that they feel like doing it. 5: They mistakenly believe that they shouldn’t do the task when not they are in the mood.

He also identified three basic types of procrastinators:

  1. Arousal types, or thrill seekers, who wait to the last minute for the euphoric rush
  2. Avoiders, who may be avoiding fear of failure or even fear of success but in either case are very concerned what others think of them; they would rather have others think they lack effort than ability
  3. Decisional procrastinators, who cannot make a decision. Not making a decision absolves procrastinators of responsibility for the outcome of events.

It is possible to stop procrastinating, though, it can be difficult. Here are nine strategies that might help – 1. You could break the task down into manageable steps. 2. Use rewards for completing the task or elements of it 3. Make a list of tasks and prioritise them, you can feel some satisfaction crossing off completed tasks. 4. It can be helpful to consider our future self and how our future self would benefit/feel when you have completed the task. I have made a habit of doing things for my future self and it has made me feel happier. 5. Remind yourself how good you have felt in the past when you have completed tasks and how good you will feel this time when you have completed the task. 6. When you feel negative emotions about doing the task, don’t give in, but acknowledge your feelings and just get started, the negative emotions will pass. 7. Minimise distractions, turn off the email, isolate yourself as much as possible and make sure that your environment supports you 8. Self-discipline is like a muscle that we need to keep exercising, practice saying no to yourself 9. Stop beating yourself up with thoughts such as ‘I should have started earlier’, that keeps you stuck – forgive yourself and move on.

The book, The Road Less Travelled by psychiatrist and author M. Scott Peck is wonderful and thought provoking and discusses that life is difficult and stresses the need for self-discipline and delayed gratification for our overall health and wellbeing. Delayed gratification is the ability to resist the temptation for an immediate reward and wait for a later reward. He shares the example of a woman who procrastinated at work. She spent the first hour of her working day doing the most enjoyable tasks and then struggled to complete the further six hours. Scott Peck suggested to her that she force herself to accomplish the unpleasant part of her job during the first hour, she would then be free to enjoy the other six. She did this and experienced one hour of pain followed by six of pleasure and she no longer procrastinates at work.

I wish you success in letting go of procrastination and moving toward taking more control of your life and achieving your goals.

If you would like to contact Janette or know more about the work of Circles Work CIC contact janette@circleswork.co.uk or www.circleswork.co.uk

When Bradford was named the world’s first City of Film in the summer of 2009, it is fair to say a few eyebrows were raised. Overcoming competition from Los Angeles, Cannes and Venice to win the UN honour, Bradford was officially recognised as UNESCO City of Film.

photo 1-5At the time of this prestigious honour in 2009, Bradford played host to the Bradford Film Festival, Bite the Mango International Film Festival and the Bradford Animation Film Festival. Three major film festivals that were serious players in the international annual film calendar. The Bradford Film Festival, hosted and organised by the then named National Museum of Photography, Film & Television, was one of Bradford’s jewels in the crown. In its two decade history, the festival attracting global film stars such as Jean Simmons, Oscar winner Michael (The Deer Hunter) Deeley, John Hurt, Terry Gilliam, Claire Bloom, Richard Attenborough and Kenneth Branagh. Organised by the NMPFT’s Head of Film Bill Lawrence and Festival Director Tony Earnshaw, The Bradford Film Festival “brought a touch of the red carpet, a tangible sense of glamour, the presence of living, breathing film heavyweights and the notion that the north could do it as well as the south. Some said even better” stated Tony Earnshaw at the time.

The Bite the Mango Film Festival was billed as a ‘celebration of world cinema’ and since its inception in 1995 by Carey Sawney who passed on the baton to me in 1998, the festival became one of, if not the leading film festival of its kind in the UK. Between 1998 – 2008, both BIFF and BTM put Bradford on the global map as a city where independent and commercial cinema would be celebrated. Regular world premieres, screen talks, workshops and seminars became common at the NMPFT and the emphasis of film BiFF_logo_new_blkwas very much at the forefront of the Museum’s attraction peaking at almost one million annual visitors. A contribution to the attraction of visitors was the global film personalities that visited the museum. BTM attracted global stars such as Amitabh Bachchan, Dilip Kumar Pooja Bhatt, the late Om Puri (twice), Mahesh Bhatt, Shabana Azmi, Amit Khan, Anil Kapoor, Samina Peerzada, Meera, Subhash Ghai, Shatrughan Sinha and James McAvoy. With these stars, Bradford and the festival were highlighted in the New York Times, Mumbai Mirror, Screen Daily and other international journals.

Even before the film festivals were born, Bradford has always had a rich history as a city of locations for filmmakers. Famous films such as The Railway Children, L.A. Without a Map, Billy Liar, and The Dresser used locations around the city such as Keighley, Little Germany, Undercliffe and the Alhambra Theatre.

Let us now fast forward to 2017. The NMPFT has changed its name to the National Science and Media Museum (no emphasis on film) and was on the verge of closing in 2013 due to a lack of funding. Bradford now has NO film festival. Bite the Mango was axed in 2010 as it was struggling to “attract the harder to reach communities” according to the Head of Marketing at the time of cancelling. The Fantastic Films Weekend followed in the same vain in 2013 and the Bradford Film Festival was finally put to the sword in 2016 after being ‘temporary cancelled’ a year earlier pending a review. As I said at the time, reviews only mean one thing. Now we know what it meant.

Today, Bradford has very little film activity even though we do have a team at the Bradford City of Film office. Sporadic fringe events do not justify the status of City of Film. The museum, it seems, will now take a direction towards science and as one walks around the struggling venue today, there is no displayed archive of the movie greats that once stood foot in the venue. It is though the museum has eradicated any possible memory of the film festivals that once took place.

Bradford does not deserve the status of City of Film. It’s as plain and simple as that. Doing the odd sporadic event is simply not enough. Unless it once again plays host to a major film festival or the bosses in charge of film activity in the city up their game, the status will remain embarrassing.

by Irfan Ajeeb

 

0
Police are urgently appealing for information to trace the whereabouts of missing man. 

Tariq Rashid, aged 22, was last seen in Wakefield on Wednesday 22 March at around 4:30pm.

He is described as an Asian male, slim build, 6ft 2″ and with black messy medium length hair. He was wearing a black Armani jumper with large beige logo, black jogging bottoms with white Nike logo and black trainers.

He has links to the Huddersfield area.

Tariq may appear confused or agitated and police would advise members of the public not to approach Tariq, but to contact the police.

Anyone with any information about his whereabouts is asked to contact the police via 101 quoting log number 1184 of 22/03/2017.

0
by Janette Ward
by Janette Ward
This month I will share with you about Moving Forward, an organisation supporting men’s mental health, run by men, for men in Keighley, Bingley and Bradford.

I was initially involved in the starting of a Moving Forward group in Mind in Bradford in 2014, where we identified that there was a gap in the provision of support, particularly for men. Since then Moving Forward has grown in strength, with more and more men accessing the support and resulting in an increase in the number of groups. What makes the Moving Forward groups unique is that they are peer led, facilitated by men who have experience of mental ill health. Their strap line is ‘A group by men for men. Learning to live well again’.

The stigma still exists ‘Real men’ don’t whine about their physical, mental or emotional problems. They work it out, suck it up or walk off’. This approach means that men are suffering from mental ill health and not receiving the help they need.

mentalhealth1According to Men’s Health Forum, 73% of adults who go missing are men; 87% of those rough sleeping are men. Looking at the prison system, men make up 95% of the prison population with 72% of male prisoners suffering from 2 or more mental health diagnoses.

In 2013 there were 6,233 suicides recorded in the UK for people 15 years and older, 78% of these were men.

4 out of 5 suicides are men. For men under 35 years of age, suicide is the biggest cause of death. Middle-aged men are particularly at risk with the number of suicides in men aged 45-59 increasing significantly in the past 5 years.

The Forum highlights that men have less access to the social support of friends, relatives and community. The Moving Forward groups fill in that gap. They offer a safe, non-judgemental space with other men who have faced similar challenges.

In the Moving Forward publicity, they say that mental health is a complex subject. That you don’t need to face your issues alone, the group members understand this and they are friendly, compassionate and caring. The collective knowledge and shared experience available within the group makes it a great resource. They will make you feel at home and cared for. The group has a great collective sense of humour and laughs are guaranteed. They offer continuous ongoing support that provides knowledge and guidance to promote good mental health and wellbeing: prevention not cure. Learning to live well again, like minded people to share experience, be understood as a person not a patient.

Paul, a Moving Forward facilitator shares his experience: “My first career was as a Sergeant in the Regular Army, which left me with an ever present anxiety, being hyper-vigilant and very driven. I went on to develop periods of severe depression, which led me to have long periods of time off work in my second career as a Police Officer. The stigma was terrible and despite being a popular officer, it drove me to leave. From there I decided to seek outdoor manual work as I found exercise and being outside a source of wellbeing, it resulted in me being off medication for three years. Then I felt confident enough to find more mentally challenging work. In 2013 I suffered several physical health challenges, which resulted in the return of depression. I have had periods of time off work since, fortunately I have an understanding and supportive manager. My first visit to Moving Forward was the Keighley Group, where I was made very welcome. The facilitator encouraged the men to share and I felt comfortable to share how I was feeling. It dawned on me that the men present were mainly of my age and had similar mental health experiences. I was impressed with the depth of the discussion, I immediately realised that being a part of this group would be essential to understanding my mental health and learning how to live better. I became a regular attender and found being in the group helped me enormously and that I was also able to help and support others. After a year of being a participant I volunteered to support the group as a facilitator. I feel really committed to supporting other men to achieve good mental health and it helps me to keep well. It was significant for me when Janette from Circles Work trained me and eight of the other men from Moving Forward to be qualified Facilitators. Facilitating Moving Forward groups is a real privilege, giving me the opportunity to share understanding, encourage confidence, supporting men to make positive, meaningful change. If there are any men out there struggling with their mental health I would suggest that they get in touch with us, let us help and support you. If you do not feel comfortable walking into a group on your own for the first time, we are happy to meet you somewhere first.”

It is free to attend any of the groups, everyone is welcome and no pressure to participate once in the group. The three groups are:

On a Monday 6.30 – 8.30pm at Holy Trinity Church, Trinity Place, Bingley BD16 2PR.

On a Wednesday 1-3pm at Mind, Tradeforce Building, Cornwall Place, Manningham, Bradford BD8 7JT

On a Thursday 1-3pm at All Saints Church, Highfield Lane, Keighley BD21 2DH

Moving Forward contact details:                                                                               www://movingforwardgroup.org

contact@movingforwardgroup.org

Mobile: 07541602744 or 07762508945

Following the successful launch of the original Vengeance at the 2016 Geneva Motor Show, this year will see Kahn Design debut a new convertible variant, the Vengeance Volante.

image1Like its predecessor, the Vengeance Volante is built on Aston Martin’s bonded aluminium and composite VH platform, chosen for its lightweight strength and torsional resistance, and is manufactured in the UK using traditional British coachbuilding techniques.

The Vengeance Volante’s sweeping streamlined curves take inspiration from classic Aston Martin designs of the late twentieth century, swapping the contoured roof of the original Vengeance for a cabriolet hood, while retaining the distinctive widened C-pillars and wings.

kbhDetails such as the purpose designed crosshair exhaust system and rear lighting, as well as the lightweight sculpted wheels are a nod to the Volante’s heritage, but with the top down, the lower profile silhouette enhances the muscular proportions of the car.

“Creating a convertible version of the Vengeance posed some challenges, given the unique coach built nature of the vehicle, but we’ve overcome them in true British fashion. Following a detailed programme of testing, I’m delighted to be able to unveil the Vengeance Volante at this year’s show, and I’m confident it will receive the same enthusiastic reception as the original model did in 2016,” Afzal Kahn said.

As with the hard top model, the Vengeance Volante will be produced in limited numbers, and investors and collectors alike are invited to place orders early to avoid disappointment.

bjhInside, the Black luxury leather fluted front and rear seats have been handcrafted and stitched by our team of experts. Furthermore, door tops and door top inserts along with a fluting design on the centre armrest through to the parcel shelf is a beautiful example of British craftsmanship at its best.

The Vengeance Volante will be on display for the first time at the Geneva Motor Show, Stand 6338.

 

0

by Paul Lancaster, Black Solicitors

by Paul Lancaster, Partner, Family Law Team, PLancaster@LawBlacks.com, 0113 227 9215

In a world with a greater emphasis on independence, is the law holding back on allowing divorced couples the freedom to move on and become less reliant on their former partner?

This issue was raised in a recent Court of Appeal case where a former spouse was Ordered to provide maintenance payments of £1,441 to his ex-wife for life, a decade and a half after they divorced.

In 2002, the ex-wife received a £230,000 lump sum plus £1,100 per month of maintenance payments when she separated from her husband. 15 years on, the Court heard that the initial lump sum had been unwisely invested in a series of upmarket properties and she was now effectively back where she started, without any capital, living in rented accommodation, working two days a week as a beauty therapist. The ex-wife returned to Court to seek more maintenance from her ex-husband, whereas the husband sought an immediate clean break with an end to the maintenance payments.

In the Court of Appeal’s ruling, the Judge explained that in the 2002 order, Judge Everall had calculated the wife’s “needs” at £1,441 a month, but had gone on to Order that her monthly maintenance should not be increased from £1,100 on the basis that she also received the lump sum. The Court of Appeal Judge went on to say “the judge made an error of principle. The Order should have been that the husband pays maintenance in the sum of £1,441 a month until further order of the Court”. The Court of Appeal acknowledged that although she had invested unwisely and was “a poor business woman” she has not been found wanton in having credit card debts and that she is now unable to meet her basic needs. As such an increase in monthly payments was Ordered.

This has led to calls from Barrister Philip Cayford QC, for the law to limit maintenance and encourage independence after divorce. He called for changes to the law to limit spouses to a maximum of five years for spousal maintenance and contended that in a world of social change, the judges had an opportunity to order some finality on the issue. There are over countries which follow this approach already.

The judgement in this case is a stark reminder that spousal maintenance payments can always be varied either up or down, even in situations where one party has made seemingly poor investment decisions. More calls for a cap on maintenance terms in the future and social change might see an alteration in the law but for now, it remains in its current state. Nevertheless we have certainly seen a trend that in the last few years the Court have increasingly been making more spousal maintenance Orders for a fixed term rather than for life.

0

by Qainaat Aftab

It’s February and it’s the infamous month of Valentine’s Day.

Every year we see the capitalist notion where hundreds of red hearted balloons and red roses fill up the shop shelves. Valentine’s Day is nothing but a capitalist con and another way to make singletons feel left out.

couple-rezsizedI find it odd how some of my friends get so caught up on the idea of being alone on Valentine’s Day. In reality, it’s just another day. But listening to their conversation, I couldn’t help but find their plans hilarious and outlandish. Therefore I have decided to share them with you.

My friends came up with a plan called ‘What every girl should do on Valentine’s Day’. Be prepared as no doubt, you will find some of their ideas bizarre and funny.

Firstly, forget about secret Santa, how about a secret Valentine? It might be a little clichéd but you can get a little gift and no one will be complaining.

valentines-day-wallpaperSecondly, every group of single girl’s need a movie night in. As my friends suggested, do it Bridget Jones style.

Thirdly, go out and wine and dine in style with your friends. If you are on a tight budget, call all your friends over and have a one dish party. It’s a great way of catching up too.

The fourth idea came from the hit comedy series Friends. As ridiculous as it sounded to my ears, it might be a great thing to do for a laugh. So, why not have a cleansing ritual? Burn and leave all the negativity behind you to allow new and positive things to come into your life.

Last but not least, forget a romantic weekend break for two. Why not adventure and explore away with your friends and have a girl’s trip away for the weekend. I can guarantee you some of your best memories will come from that

Some of you may find it humorous and some may pick up some great ideas. Whichever one it is we’d love to hear from you.

0

achaikovsky

By Adrian Czajkowski, Legal Executive, Commercial Dispute Resolution Team
ACzajkowski@LawBlacks.com, 0113 227 9296

Misrepresentation is a complex area of law, but in its simplest form it relates to one party inducing another to enter into an agreement by making false claims. As a familiar example, if you buy a car from a garage that claims the vehicle has been fully checked over and is in perfect working order, you can seek to return the vehicle and get a refund on the basis of misrepresentation if the car breaks down two miles down the road and all those claims turn out to be false. If you had simply bought the same car for the same price without the garage saying anything, then going back might be more of a problem – whilst there are still statutory protections for consumers, the buyer bears responsibility for checking out the suitability of the goods.

What happens, though, if the misrepresentation isn’t fooling anyone, but the other party makes the deal anyway? The courts recently heard an appeal in the case of Zurich Insurance Company Plc v Hayward [2016] All ER (D) 138 (Jul) where this was the case. Hayward had been injured at work, and the insurer, Zurich, stepped in for his employer to deal with his claim. During the claim, the insurer received evidence showing the claimant undertaking strenuous activity at home, contrary to what had been claimed about the extent and longevity of his injuries. However, in the end the insurer still made a settlement deal with the claimant, paying over around £135,000 to dispose of the case.

Some time later, Hayward’s neighbours apparently contacted his former employer with persuasive evidence that Hayward was entirely fit and well a year before the settlement agreement was entered into, and the insurer sought to overturn the settlement agreement on the basis of misrepresentation. Hayward’s defence to their claim was that they had never believed his story anyway, so were not reliant on his representations when entering into it. He argued that in order to be induced by representations, the other party must be persuaded by them; Zurich entered into the settlement agreement with open eyes and should not be allowed to renege on it, despite his deception.

data-misrepresentation-and-misleading-reporting-750x470The question arises: why did they make the deal at all? As Hayward himself advanced, just because the insurer had strong suspicions about the honesty of his claims did not mean that the court would have agreed with them. Fraud is a serious issue and judges can be very slow to accept that a claim (or defence) is a deliberate lie. It’s hard to know exactly what factors Zurich’s legal team were balancing, but Hayward had definitely suffered some level of injury, and would receive some amount of compensation, and the sum in the agreement likely represented a commercial decision to save on costs and dispose of the matter.

The judicial decision in Zurich’s appeal was unanimously in Zurich’s favour. The court held that there is no separate requirement for belief in order to show misrepresentation. In this case, Zurich had doubts about Hayward’s statements about his injuries, but subsequently discovered that he had exaggerated far more than they had believed at the time. The court decision was that neither qualified belief nor an absence of it rules out reliance on misrepresentation. Courts are traditionally slow to find fraud, but once found, the fraudster is unlikely to meet with a sympathetic reception at court. Hayward’s award was brought down to around £15,000 and he was ordered to repay the difference.

VIDEO'S