Strictly Confidential
POST OFFICE LIMITED — SIGNIFICANT LITIGATION CLAIMS
PRIVILEGED AND CONFIDENTIAL
PART (A) - CIVIL CLAIMS
CLAIMS OVER £500K OR THOSE OF A SENSITIVE NATURE
TI
iL. A
Claim for POL/HF/RW I Angela A former subpostmaster (SPM) is The SPM has _ filed Court I DAC Beachcrofts
Judicial Review Van-Den-Bogerd I seeking a judicial review of POL’s proceedings seeking the Court's
decision to terminate his contract. permission to bring his claim.
This decision was reviewed through I POL has asked the Court to refuse
the appeal process in the SPM permission on the grounds that the
Contract and upheld by the Appeals I decision is a commercial one which
Manager. is not amenable to judicial review.
The SPM alleges: The Court will now decide whether
or not to grant permission. No
- the Appeal Manager's I further steps are required pending
decision was flawed; and that determination.
- the appeal process in the
SPM Contract is unfair and
breaches his right to a fair
trial as guaranteed by the
European Convention on
Human Rights, including that
the appeal process does not
allow for legal representation
at the appeal hearing.
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If the Court agrees to judicially
review the decision to terminate
and finds that the appeal process is
unfair, this is likely to impact on the
appeal process and how it is
operated generally.
If the Court refuses to judicially
review the decision, the SPM may
still seek to bring a separate claim
for wrongful termination of his
contract and damages.
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Horizon claims
POL/HF/RW
Rod Ismay
POL has received notification of a
total of five (5) claims from former
SPMs. Each SPM has alleged
wrongful termination of contract
based on:
- (1) alleged defects in POL's
internal processes; and
- (2) alleged defects with the
Horizon system.
Each SPM is seeking damages of
c.£150,000.
Despite reports in the media that
Shoosmiths solicitors have
consulted on a further 85 cases,
POL has not been notified of any
additional claims.
A third party fraud investigator has
been appointed (following
consultation with various MPs) to
review up to 10 cases where
Horizon is alleged to have caused
the losses. It is anticipated that no
further court action will be taken
pending the outcome of that
investigation.
In respect of four of the five claims,
Shoosmiths have not taken any
further action to date to progress the
claim. There is no litigation before
the Courts in progress in respect of
these four claims.
POL has successfully had the Court
strike out the fifth claim and has
recovered costs from the claimant.
Bond Pearce
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Susan Crichton
12 September 2012
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PART (B) — PRINCIPAL CRIMINAL CASES BROUGHT BY POST OFFICE LIMITED
Subpostmaster accused of theft (£85,872.07) plus fraud. Restraint order applied for.
Committal hearing 13/09/12.
Officer in charge at Crown office found guilty on 2 counts of theft (total £46500).
On 23/08/12 the court ordered payment of £46500 to Post
Office within 28 days from pension pot ie Full Recovery.
Manager employed at post office accused of theft (£27,824.51).
Plea case management hearing due to take place at
Reading crown court.
Subpostmaster accused of fraud (£38,284.68).
Committal hearing held at Stevenage magistrates’ court
24/08/12 (adjourned).
Subpostmaster pleaded guilty to theft/fraud
Defendant sentenced to 2 years imprisonment concurrent
with award of £10,750 payable to Post Office by 1/12/12.
9 month imprisonment if in default. Case completed.
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12 September 2012
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Subpostmaster pleaded guilty to theft
Hearing 6/07/12. Confiscation compensation order for
£273,367.64 payable to Post Office within 6 months.2
years’ imprisonment in default. Case completed.
Nominated subpostmaster pleaded guilty to theft (£114,095)
Sentenced to 20 months’ imprisonment, Confiscation time
table set to recover £114,095 with a further court hearing
due on 5/09/12.
Subpostmaster pleaded guilty to fraud (£9,425.90)
Following committal for sentence 24/08/12, full amount
was repaid ie Full Recovery of £9425.90 Individual
sentenced to 26 weeks’ imprisonment suspended for 2
years plus 120 hours’ unpaid work and costs of £500
payable within 28 days.
Two sub post office assistants admitted covering shortages by delaying the processing of
40 business deposits to Santander (total value of £34,115.50).
Hearing at Liverpool crown court 13/09/12.
Two brothers in partnership as subpostmasters accused of theft/fraud (£237,240.64)
Trial at Wood Green crown court on 8/10/12.
Subpostmaster accused of theft (£79,440)
Individual pleaded guilty and offered to repay £79,440
plus £17,500 investigation and legal costs. Full amount of
£96,940 must be paid within 4 weeks. Full Recovery.
Significant Litigation Report
Susan Crichton
12 September 2012
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