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Newcastle City Council v Marsden - Consequences of lack of frankness by barrister at tribunal [2010] EAT

A barrister's lack of frankness with the tribunal was an exceptional circumstance which rendered it just to revoke an order dismissing his client's claim.

Mr Marsden sustained an ankle injury whilst working for Newcastle City Council. He brought a claim against them under the Disability Discrimination Act 1995.  Mr Marsden's Counsel had specifically advised him that he would not need to attend the Pre-Hearing Review (PHR) in person and that submitting his medical report should suffice for the Pre-Hearing Review's purposes. Upon this basis, Mr Marsden did not attend the PHR.

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