POL00107426
POL00107426
Jennifer Robson To: Cheryl Woodward/e/POSTOFFICE@POSTOFFICE, Paul
Dann/e/POSTOFFICE@POSTOFFICE
g 24/11/2005 13:42 cot
Subject: Re: Challenge to Horizon
For info
Jen
Debt Recovery Section manager
Post Office Ltd
Finance
1st Floor East , No 1 Future Walk, West Bars, CHESTERFIELD, S49 1PF
Postlin
This email and any attachments are confidential and intended for the addressee (s) 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 is error please contact the sender and then delete this email from your system.
External Email:
~---- Forwarded by Jennifer Robson/e/POSTOFFICE on 24/11/2005 13:42 ——
Mandy Talbot To: Jennifer Robson/e/POSTOFFICE@POSTOFFICE
24/11/2005 13:00 _ ct 0
Subject: Re: Challenge to Horizon7y
I have a copy which we will also look at tomorrow. Tony, Rod, David external solicitors and myself are
meeting to discuss the best way forward.
Mandy
Litigation Team Leader
Company Secretary's Office
Legal Services
Royal Mail, Impact House, 2 Edridge Road, CROYDON, CR9 1PJ
Jennifer Robson
Jennifer Robson. To: Mandy Talbot/e/POSTOFFICE@POSTOFFICE
24/41/2005 12:51 cc: .
Subject: Re: Challenge to Horizon[>
Thank you for this Mandy
I have today received another letter from Hugh James and the solicitors for Torquay Rd.
I will scan and send to you
Regards
Jennifer
Debt Recovery Section manager
Post Office Ltd
Finance
1st Floor East , No 1 Future Walk, West Bars, CHESTERFIELD, S49 1PF
POL00107426
POL00107426
%
POL00107426
POL00107426
jMobex:§ GRO I Mobikk___GRO
and intendéd for the addressee (s) 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 rec
contact the sender and then delete this email from your system.
Mandy Talbot *~
Mandy Talbot To: David X Smith/e/POSTOFFICE@POSTOFFICE, Jennifer
23/11/2005 17:57 Robson/e/POSTOFFICE@POSTOFFICE, Tony R
Utting/e/POSTOFFICE@POSTOFFICE, Rod
Ismay/e/POSTOFFICE@POSTOFFICE
cc: Clare Wardle/e/POSTOFFICE@POSTOFFICE, Nicky
Sherrotte/POSTOFFICE@POSTOFFICE
Subject: Challenge to Horizon
Summary of Facts
Castleton
Proceedings have been issued by POL against Lee Castleton ( LC ) the former Post Master at Marine
Drive BO for 27K. It was known by the business prior to issue that LC blamed Horizon for the losses.
External Solicitors were asked to check with the Fujitsu liaison team and to assure themselves that the
evidence in respect for Horizon was sound before the issue of proceedings. There had been no security
investigation so the data had not been requested from Fujitsu.
Proceedings were issued and a Defence and Counter Claim for losses flowing from the wrongful
termination of the contract, limited to 250K , was served. The Court ordered a stay in the proceedings for
a month. The original solicitor dealing with the case left and did not notify her colleagues that an important
time limit was approaching. The time limit was missed and judgement in default of a Defence to the
Counter Claim was entered against POL for a sum to be assessed. There is a short hearing on the 6
December for directions. An application has been lodgéd to set aside the procedural Judgement against
the business. The evidence in support of the application attempts to explain the delay and makes the
point that a judgement based on an assertion that there was an improper termination of contract and for
an assessment of the costs which flow from that, cannot sensibly be permitted to stand if the factual basis
for the termination can be made out and is sound. The solicitors concerned will be bearing the legal costs
for all the work involved in setting the judgement aside.
As part of the claim the solicitors for LC have stated in the allocation questionnaire that they intend to call
evidence from other existing and former postmasters about the problems with the Horizon system. They
have also asked for disclosure of data about all calls or complaints logged from postmasters about the
Horizon system, presumably from the inception of the system. They have called for disclosure of all
documents removed from the Branch Office during the investigation. There is an issue over locating all
these documents. 7
Bajaj
Mr Bajaj of Torquay Branch Office is a postmaster who is challenging the validity of data supplied by the
Horizon system on which errors have been raised against his branch office. He has not been able to
explain the losses and has been required to make good the loses by way of deduction from remuneration.
- No proceedings have been issued but the matter is in the hands of external solicitors.
Mr Bajaj has taken the step of writing an article in The Sub Postmaster November 2008 edition, seeking
POL00107426
POL00107426
POL00107426
POL00107426
information from other postmasters in a similar situation. His solicitors say that they have been contacted
by other post masters and that a class action is possible unless, the deductions-from remuneration are
refunded. They also make a reference to what we assume is the Castleton case.
Issues
In each case the postmasters are challenging the validity of data provided by the Horizon system and the
cases became litigious before that evidence could be properly investigated.
In each case it was known that Horizon was going to be challenged but there was no procedure in place
to
(a) acquire the necessary data
(b) identify somebody with the relevant knowledge and capacity to interpret the data and report on the
same
If the challenge is not met the ability of POL to rely on Horizon for data will be compromised and the future
prosperity of the network compromised.
Fujitsu's reputation will be affected
Suggestions
4. Arobust procedure is set up and communicated to all relevant parties for extracting necessary data
from Horizon at an early stage in all cases leading towards possible termination of contract and each
case where the Horizon data is challenged.
2. This will necessitate expenditure by POL in identifying a small team and training them in interpretation
and investigation techniques
3. Fujitsu and POL to liaise on identifying a number of individuals or specialist computer firms who
could provide a professional and independent report upon the Horizon system in general and in the
two cases to hand if necessary. .
4. POL/ Fujitsu investigate and identify whether or not they do hold any data upon the number of
complaints made by postmasters about the Horizon system since inception and whether or not it can
be broken down into statistics about valid problems / resolutions / errors by post masters.
5. Identify current members of POL or Fujitsu staff who can provide statements in the two current cases
which (a) validate the system (b) explain the Horizon process from end to end and (c) can explain
why each and every point made by the Defendants is irrelevant or can be explained.
Litigation Team Leader
Company Secretary's Office
Legal Services
Royal Mail, Impact House, 2 Edridge Road, CROYDON, CR9 1PJ
‘Mobile! GR
POL00107426
POL00107426