For the benefit of KS Hotels Ltd t/a Holiday Inn Express Leigh – Sports Village, and Peninsula

Here is the case on misleading a Court (which applies to every Court including Employment Tribunals):-

Swift Advances PLc -v- Ahmed [2015]

“It is the duty of every litigant not to mislead the Court or his opponent. He will obviously mislead the Court if he gives evidence which he knows to be untrue. But he will also do so if, having led the Court to believe a fact to be true, he fails to correct it when he discovers it to be false. This duty continues…until the judge has given judgment.”

KS Hotels Ltd t/a Holiday Inn Express Leigh – Sports Village obviously misled the Court by removing evidence which confirmed the Final Written Warning was not issued in good faith and then led the Court to believe as fact it was issued in good faith.

KS Hotels Ltd t/a Holiday Inn Express Leigh – Sports Village obviously misled the Court by removing evidence which showed the Disciplinary Appeal Officer (Mr Krohn) was not impartial and then led the Court to believe he was impartial.

As Peninsula were aware of all this, they were party to any misleading information given to the Court.


And that just concerns misleading statements given as fact relating to the documents removed from the evidence bundle. It does not take into account misleading statements given as fact relating documents which KS Hotels Ltd failed to disclose to the tribunal as part of the Case Management Order on disclosure (more on those documents in my Peninsula blog coming soon)