LCAS0000199 - Order of Master Turner setting aside Judgment for LC

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LCAS0000199
LCAS0000199

IN THE HIGH COURT OF JUSTICE CLAIM NO : 05X02706
QUEEN’S BENCH DIVISION

Master Turner

23" day of October 2006

BETWEEN:

POST OFFICE LIMITED

Claimant/Part 20 Defendant

And

MR LEE CASTLETON

efendant/Part 20 Claimant

TERMS OF ORDER

UPON APPLICATION of the Claimant
AND UPON holding a further Case Management Conference
AND UPON HEARING Counsel for the Claimant and Counsel for the Defendant

AND UPON READING the documents recorded on the Court file as having been read

IT IS ORDERED that:

1. Judgement of 9 November 2005 against the Defendant/Part 20 Claimant be set
aside.
2. The Claimant has permission to amend its Particulars of Claim and its Reply and

Defence to Counterclaim in the form of the drafts initialled by the Master;

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3. The Defendant have permission to make consequential amendments to his Defence
and Counterclaim by 4pm on Monday 6 November 2006 and the Claimant have
permission to make any further consequential amendments to its amended

Defence and Counterclaim by 4pm on Monday 13 November 2006;

4, Any further disclosure by exchange of lists by 4pm on Monday 20 November 2006

with inspection 7 days thereafter;

5. The Claimant do pay to the Defendant its costs consequential upon the said

amendments permitted under paragraph 1 above, such to be assessed on the

standard basis if not agreed;

6. By no later than 4 pm on Monday 30 October 2006 the Defendant do either
produce for inspection the documents listed in Schedule 1 hereto; or provide a
Witness Statement explaining the Defendant’s position in respect of those

documents, not produced for inspection.

7. Statements of witnesses of fact be exchanged by 4 pm on Friday 10 November
2006;
8. There be sequential exchange of experts’ reports, with the Defendant serving any

expert evidence in the field of accountancy by 4pm on Friday 10 November 2006,
the Claimant serving any reporls in answer by 4 pm on Friday 24 November 2006
with discussion of experts of like disciplines to take place by no later than
Wednesday 29 November 2006 and a signed agreed statement of areas of
agreement and disagreement to be filed by no later than 4pm on Friday 1

December 2006;

9. The parties do have permission to restore

10. Save as provided for above, the costs be costs in the case.

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Schedule

Document numbers 1, 2, 58, 62, 76 and 77 from Mr Castleton’s disclosure list, being the

following documents:

(a) Daily cash declarations for week 41 (2 January 2004) to week 51 (11 March 2004);

(b) Weekly suspense account reports relating to weeks 47 and 49;

(c) Letter to Lee Castleton from National Savings and Investments dated 30
December 2004;

(d) Letter to Mr Castleton dated 12 January 2005;

(e) Error notice dated 23 May 2004; and

(f) Marine Drive Post Office account.

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