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OFFICIAL SENSITIVE: COMMERCIAL
To: Baroness Neville-Rolfe
From: Laura Thompson, UKGI {GRO )
Date: 14 April 2015
Purpose: The campaign group Justice for Subpostmasters Alliance (JFSA) are
reported to have lodged proceedings with the High Court regarding claims against
Post Office Limited in relation to the Horizon IT system. This note provides a short
update on the current position and likely next steps.
Recommendation: That you note this update and agree that any enquiries on this
matter should be passed to POL. You are due to meet Tim Parker, POL Chair, on 27
April where you can discuss this further.
Timing: Routine
Summary
1.
The Justice for Subpostmasters Alliance (JFSA) are a small group of mostly
former subpostmasters who alleged that there were faults in the Horizon IT
system used in Post Office branches and that a number of individuals had been
wrongly convicted. JFSA were involved throughout the mediation scheme
established by POL to look at this matter.
JFSA and in particular its Chair, Mr Alan Bates, a former subpostmaster, are
highly critical of POL and its management. JFSA had been reported in the press
as seeking a group civil action against POL (as per our previous advice to you).
On Monday this week (11 April) JFSA updated their website to say they had
lodged proceedings against POL at the High Court.
On Tuesday, POL received a letter from Freeths, a firm of solicitors instructed
by JFSA, regarding this matter. POL advise us that the letter states that
proceedings have been issued on behalf of 91 claimants. This is not a formal
letter of claim: the letter states that Freeths intend to provide POL with a formal
letter of claim within 14 days, which would set out the actual factual and legal
basis of the claim and the remedies sought. Until this is received, there is
nothing for POL to respond to i.e. the case does not proceed at all.
POL have informed us that they are unaware of any new developments in the
underlying disputes which might lead them to believe they are any more
exposed on the substance of these allegations now than previously. As we have
previously advised, JFSA has mooted group action against POL on more than
one occasion previously, the most recent in December 2014, but none has been
pursued to date.
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OFFICIAL SENSITIVE: COMMERCIAL
5. We understand that no specific details have yet been provided by JFSA or their
solicitor as to the basis of their claim. Their website refers to “corporate
blindness” and “bullying”, and makes very little reference to Horizon.
6. Our advice remains that this is a matter for POL, particularly when legal action
is being proposed. POL are yet to be served with the claim form which would
give the details of the claim. If they are not served with the claim form within 4
months of the proceedings being lodged at the High Court, we understand the
claim will fall away unless a new form is issued.
7. Neither we nor POL have had any indication that the Criminal Cases Review
Commission (CCRC) has come to a conclusion on any of the c.20 cases they
had been asked to review. To confirm, the CCRC looks at criminal cases (where,
for example, someone was convicted of theft or false accounting). The action
mooted by JFSA and Freeths is civil — for example, someone might claim to
have had their contract wrongfully terminated.
8. If Government receives any enquiries we recommend we maintain that this is a
matter for POL and direct enquiries there.
9. You had arranged to meet Tim Parker on 27 April anyway to hear more about
the final parts of his review into this issue. Mr Parker will be able to provide you
with an update at that meeting. If we receive any further update from POL in the
interim we will of course update you.
Copied to: Ministers’ offices, SpAds, Perm Sec, Mark Russell, Justin Manson,
Patrick Kilgarriff, UKGI POL team, Claire French.
Advice received from:
Finance SpAds Press Legal Analysts
No In parallel No No No