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URGENT QUESTION
Briefing for the Speaker — Day/Month/Year
Department: Department for Business, Energy and Industrial
Strategy
Parliamentary Clerk Helen Chapman
Email address:
Phone number
QUESTION:
Will the Minister/Secretary of State make a statement on the judgement
handed down on the Post Office litigation on [date]
1) The Facts
The claim Alan Bates and Others v Post Office Limited is being conducted in
the High Court pursuant to a Group Litigation Order. A group of (mostly
former) postmasters claim that Post Office Ltd (POL) wrongly attributed in-
branch losses to those postmasters, causing them financial and reputational
harm, when, they claim, the Post Office was to blame particularly through
flaws in its Point of Sale system (“Horizon”). POL strongly contests this
assertion and is handling the legal defence of the litigation and the costs
involved.
This is a complex and ongoing legal process. The court has scheduled four
trials to address this claim stretching from November 2018 until March 2020.
The first “Common Issues” trial, looking at the contractual relationship
between POL and its Postmasters, concluded on 6 December 2018 — while
the second “Horizon” Trial, looking at the integrity of the Horizon POS
system, will start on 11 March 2019. A third trial on 4 November 2019 will
determine whether POL breached any legal obligations to specific individual
test Claimants, while a fourth trial in March 2020 will address issues relevant
to a wider group of Claimants. Either party could seek to appeal, which may
further delay the final resolution of this litigation.
2) Timing
On [date], judgement was handed down on the first “Common Issues” trial
3) How urgent is the issue?
Not urgent for today. It would be inappropriate for Government to comment on
an ongoing legal case. This judgement is complex and runs to [xx] pages. It
will take some time for Post Office to consider this in detail, including whether
there are any grounds to appeal. The judgement on the Common Issues
concludes only the first stage in a four-stage trial process that is likely to
continue into 2020. This judgement merely sets a framework for the trials that
are to follow and is not determinative on the outcome of the litigation as a
whole.
4) The extent of Government policy
While POL is publicly owned, the company has the commercial freedom to
operate as an independent business within the strategic parameters set by
government. As such, Government does not play a day-to-day role in
defending litigation or on the contractual and operational matters that are at
the heart of this particular claim.
5) Is it a local, national or international issue?
This is a national issue.
6) What the Government is doing/has done?
The legal defence of the ongoing litigation and the costs involved are being
handled by POL. POL has provided Ministers with high-level updates at
appropriate junctures throughout the legal process.
7) Are legal proceedings underway?
Yes, legal proceedings have been underway since April 2018 (when the case
was served on POL) and are scheduled to continue until at least March 2020
through four trials. This does not include any appeal that either party may
choose to pursue on the judgements of any of the four trials. It would be
inappropriate for Government to comment on an ongoing legal case.
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