POLO0060590
POL00060590
To: Rodric Williams[f
Ce: Pheasant, Andrew
From: Parsons, Andrew
Sent: Mon 01/07/2013 2:49:
Subject: RE: Bugs discussed in court cases
DOC_4867137(1) POL Misra Transcripts Spreadsheet Oct 2011.doc
MEMO_4867078(1) Memo re Misra Transcripts.doc
DOC_4867304(1) POL Misra Transcripts Training October 2011.doc
DOC _4867274(1) POL Misra Transcripts Helpline.doc
; Matthews, Ga vir
Rodric
I think I've pinned down what happened with Misra.
This was a criminal case. We subsequently reviewed the transcripts of the criminal proceedings to identify anything relevant to
Horizon. I've attached:
1. Amemo of the key findings from Misra.
2. 3 tables with detailed cross-references to the Misra court transcripts identifying all the relevant material.
We've returned the Misra papers to POL so can't dig any deeper than the attached documents. Having re-reviewed these
documents, I can't see anything that looks like the 14 Bug, the 62 Bug or the Falkirk Bug. However, it does appear that the Misra
case went through Horizon in detail.
Kind regards
Andy
Andrew Parsons
Senior Associate
for and on behalf of Bond Dickinson LLP
Direct:
Mobile:
Fax:
Follow Bond Dickinson:
Of
From: Parsons, Andrew
Sent: 01 July 2013 15:28
To: 'Rodric Williams'
Cc: Pheasant, Andrew; Matthews, Gavin
Subject: RE: Bugs discussed in court cases
Rodric
Other than Castleton and Misra, we are not aware of any litigation that has involved an allegation of an actual bug in Horizon.
However, this is based on anecdotal discussions inside Bond Dickinson. Please bear in mind that we have handled 100s of cases
over the last 5-10 years for POL so (absent a case by case review) it's impossible to say for certain that no SPMR alleged a Horizon
bug.
We are however confident that no case in the last 2 years has involved an allegation that there is a specific flaw in Horizon. There
are a number of cases handled by our paralegal team that have been put on hold because an SPMR has alleged problems with
Horizon. These cases are suspended pending the Second Sigh report. It may be that on closer inspection these cases reveal a
specific complaint about an error in Horizon however we would need to undertake a deeper review of each case to determine this.
On Castleton:
I've spoken to the lawyer who conducted this litigation which took place in 2007.
POL-0057069
POLO0060590
POL00060590
The case was principally about accounting records — the Horizon challenges by Castleton were generally uncoordinated and
piecemeal. It should be borne in mind that Castleton was unrepresented so there was no logical attack on Horizon.
However, at para 23 of the Judgement (see attached), there is reference to an "error in Horizon" at a branch in Falkirk. I presume
this is the "Falkirk Bug". The Court concluded that the Falkirk Bug did not affect Castleton:
"Mr. Castleton cross-examined her [Mrs Chambers from Fujitsu] about complaints from another branch, which he did not identify.
She immediately recognized the branch with confidence as being a branch at Callender Square in Falkirk. The problem at Callender
Square had, she said, arisen from an error in the Horizon system, but there was no evidence of such a thing at Mr. Castleton's
branch. I found Mrs. Chambers to be a clear, knowledgeable and reliable witness, and I accept her evidence."
I'm still looking into Misra and will report back soon.
Kind regards
Andy
Andrew Parsons
Senior Associate
for and on behalf of Bond Dickinson LLP
Direct:
Mobile:
Fax:
Follow Bond Dickinson:
www.bonddickinson.com
oo Original Message-.
Sent: 01 July 2013 14:42
To: Matthews, Gavin
Cc: Pheasant, Andrew; Parsons, Andrew
Subject: RE: Bugs discussed in court cases
Hi - is someone able to come back to me on this please?
Thanks, Rodric
From: Rodric Williams
Sent: 30 June 2013 15:10
To: 'Gavin.Matthews:cro}
Ce: 'Andrew.Pheasant( Qh '; 'Andrew.Parson
Subject: Fw: Bugs discussed in court cases
Gavin,
Can you please find out whether bugs in the Horizon system have ever been specifically discussed in any proceedings your firm has
run for Post Office Ltd. This would include the Agent Debt cases you handle.
Thanks, Rodric
— Original Message -----
From: Simon Baker
Sent: Friday, June 28, 2013 05:55 PM
To: Rodric Williams
Cc: Lesley J Sewell; Alwen Lyons; Hugh Flemington
Subject: Bugs discussed in court cases
Rod
It would be helpful if we can show that horizon bugs were discussed openly in our court cases.
POL-0057069
POLO0060590
POL00060590
We know that the falkirk bug was discussed in the Misra case, can you find out if there are any other examples where bugs have
been discussed in court.
I would appreciate if you treat this as a priority. We need the answer by 3pm Monday.
Simon
This email and any attachments are confidential and intended for the addressee only. If you are not the named recipient, you must
not use, disclose, reproduce, copy or distribute the contents of this communication. If you have received this in error, please contact
the sender by reply email and then delete this email from your system. Any views or opinions expressed within this email are solely
those of the sender, unless otherwise specifically stated.
POST OFFICE LIMITED is registered in England and Wales no 2154540. Registered Office: 148 OLD STREET, LONDON EC1V
9HQ.
Please consider the environment! Do you need to print this email?
Jonly is authorised to access this e-mail and any
ies. Unauthorised use, dissemination,
The information in this e-mail and any attachments confidential and may be legally prvijaned.and.neaested by law. rodic. wil
please notify andrew parson: }s soon as possible a
distribution, publication or copying of this communication or attachments is prohibited and may be re
ts. Ifyou are not rodric.williamg
Any files attached to this e-mail will have been checked by us with virus detection software before transmission, Bond Dickinson LLP accepts no liability for any loss or damage which may be
caused by software viruses and you shoul ¥y out your own virus checks before opening any attachment.
Content of this email which does not relate to the official business of Bond Dickinson LLP, is neither given nor endorsed by it
This email is sent for and on behalf of Bond Dickinson LLP which is a
Wharf, 112 Quayside, Newcastle Upon Tyne, NE1 3DX, where a list
who is of equivalent standing. Our VAT 5
nership registered in England and Wales under number OC31766 1. Our
open to inspection. We use the term pattner to refer to a member of the LLP, or an employee or consultant
egistered office is St Ann’s
Bond Dickinson LLP is authorised and regulated by the Solicitors Regulation Authority
POL-0057069