BEIS0000904 - Undated Draft Letter from Department for Business & Trade re Ex gratia Group Litigation Order Compensation Scheme: Offer letter

Evidence on official site

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Department for Business and Trade

te”
Old Admiralty Building

Department for Admiralty Place
Whitehall

Business & Trade London SW1A 2DY

www.dov.uk
<Date>

Our ref:
<Claimant's full name>
C/O <Claimant legal representative>

Dear <name>

Ex gratia Group Litigation Order Compensation Scheme (the “Scheme”): Offer
Letter

Thank you for your application to the Scheme.

Following the assessment of your claim, the Department for Business and Trade (the
“Department’) makes you an offer of compensation, made on ex gratia basis, in the sum of xxx
(the “Offer’). The Offer is comprised of damages payable in respect of a number of heads of loss
less the applicable deductions, which are set out in Table 1 below. A more detailed breakdown
and explanation of the Offer is set out in Annex 2 enclosed with this letter.

The Offer is based on the assessment of your claim by the Department with the assistance of its
legal representatives Addleshaw Goddard LLP. As part of this assessment, the Department
considered all available evidence, including that provided by you or your lawyers via the Dentons
Direct platform or provided by HM Revenue & Customs and Post Office Limited. It also applied
relevant principles set out in the GLO Compensation Scheme Guidance and Principles (published
on 23 March 2023 and updated on 29 November 2023)’. These principles state, amongst other
things, that in addition to the application of the established legal principles and findings made in
Alan Bates and Others v Post Office Limited [2019] EWHC 606 (QB) (known as the “Common
Issues” judgment) and [2019] EWHC 3408 (QB) (known as the “Horizon Issues” judgment), the
Scheme will be guided by considerations of fairness. It is the Department's view that the Offer is
fair.

An index of the key documentation considered by the Department as part of the assessment of
your claim is set out in Annex 1 enclosed with this letter. These documents should be available
via the Dentons’ Direct platform. If they are not available, please let the Department know, so that
they get uploaded.

Table 1 — Offer Details

Head of Loss Sum offered
Shortfalls paid to POL

Interest on shortfalls

Loss of earnings during suspension

Interest on loss of earnings during suspension
Loss of earnings due to failure to give notice
Interest on loss of earnings due to failure to
give notice

1

https://assets. publishing. service.gov.uk/government/uploads/system/uploads/attachment_data/file/1145098/
glo-quidance-principles. pdf

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Loss of earnings post termination:
Interest on past loss of net earnings
Loss of property / other assets

Interest on loss of property / other assets
Loss of opportunity / chance

Interest on loss of opportunity / chance
Increased cost of financing

Legal and professional fees

Personal Injury

Interest on personal injury

Harassment

Malicious Prosecution

Other Losses: CBT Therapy

Other Losses: Distress and Inconvenience
Other Losses: Third Party Loss

Interest on third party loss

SUBTOTAL

Less: GLO settlement

Less: DBT Interim payment

TOTAL OFFER

You may wish to take financial advice in relation to spending and investing the compensation you
receive. Money Helper — moneyhelper.org.uk/en — brings together the support and services of
three government-backed financial guidance providers: the Money Advice Service, the Pensions
Advisory Service and Pension Wise.

How to accept the Offer

To accept the Offer, please sign the enclosed Offer Acceptance Form and Terms and return it to
your Solicitor. Please do not make any changes to the acceptance form.

Should you accept the Offer, the Department will aim to make a payment within 21 days of receipt
of the signed Offer Acceptance Form and Terms.

Considering the Offer

The Offer is subject to the terms set out in the “Offer Acceptance Form and Terms” enclosed with
this letter. If you accept the Offer, it will bring your claim to an end and conclude your participation
in the Scheme.

This means that you will be unable to make any further application to the Scheme.
What if I do not agree with the Offer?

The Department hopes you agree that the Offer is fair and reasonable. The Department
encourages you to contact it if you require any clarification or have any questions.

If you do not accept the Offer and we fail to reach an agreement, your claim will then enter the
first facilitation period, during which a claims facilitator appointed by Dentons will aim to help
reaching an agreement between the parties. If you is process, please notify the
Department by sending an email to GLO.Facilitato within 28 days after the date
of this letter setting out reasons as to why it is your view that the Offer is unfair and should be
reconsidered. Dentons will then be in touch with you as soon as possible to discuss the next
steps.

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The procedure designed for reaching an agreement with the Department is set out in more detail
in paragraph 3.5 of the Scheme Guidance and Principles.
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What happens if I do not respond to this letter?

The Department encourages you to respond to the Offer set out in this letter within 28 days after
the date of this letter. If you do not respond to this letter, the Offer will remain open until 6
September 2024, being 6 months from the date of this offer letter.

Whatever you decide, the Department would like to thank you for participating in the Scheme.
The Post Office Horizon scandal has had a devastating impact on the lives of many sub-
postmasters and sub-postmistresses. The GLO litigation exposed the scandal and has led to a
public inquiry, and the setting up of three compensation schemes. Your role as part of the GLO
litigation has been central to that and the Department hopes that this Offer goes some way in
providing you with closure.

Yours sincerely,

The Department for Business and Trade
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“ee? Department for Business and Trade
Department for famialy Pace
p
Business & Trade conden SWIA 2DY

Offer Acceptance Form and Terms

If you wish to accept the Offer (as defined in the accompanying Offer letter dated 6 March 2024
(the “Offer Letter’), please return all pages of this Offer Acceptance Form and Terms, with your
signature and date of your signature on the final page, by forwarding a copy of your Acceptance
Form to your solicitor, together with other documents requested in the Offer Letter above.

Please do not make any amendments to the Offer Acceptance Form and Terms.
GLO-<reference number and claimant's surname>

We confirm that I/we have understood the accompanying Offer Letter and wish to accept the
Offer (made on ex gratia basis) on the terms set out therein and in this Offer Acceptance Form
and Terms (the “Agreement”).

We confirm that I/we understand and agree that this Agreement is entered into in connection
with failings of Horizon IT system and the Agreement shall not be represented or construed by
me/us as an admission of liability or wrongdoing on the part of the Department for Business and
Trade (the "Department").

We confirm that I/we am/are not bankrupt or insolvent.

We confirm that my/our claim does not involve or relate to any Horizon-related criminal
convictions.

We confirm that I/we understand that the Department has highlighted the importance of
receiving independent legal advice to help me/us understand the Offer and its terms and the
consequences of its acceptance, and has confirmed that it will bear my/our reasonable legal
costs in accordance with the Tariff of Reasonable Legal Costs as well as its own legal costs.

We request that the sum of xxxx be paid to <claimant’s legal representative> for onwards
transmission to me.

We confirm that I/we understand and agree that as soon as that payment has been made to
me/us, that concludes my/our participation in the ex gratia GLO Compensation Scheme (the
"Scheme"). I/We confirm that l/we understand and agree that following this I/we will not have a
right to bring and will be precluded from bringing any further claim within the Scheme.

\we confirm that I/we understand and agree that this Agreement constitutes the entire agreement
between the parties and supersedes and extinguishes all previous agreements, promises,
assurances, warranties, representations and understandings between them, whether written or
oral, relating to its subject matter.

This Agreement and any dispute or claim arising out of or in connection with it or its subject
matter, existence, formation, negotiation, validity, termination or enforceability (including non-
contractual disputes or claims) shall be governed by and construed in accordance with the law of
England and Wales.

Each party irrevocably agrees that the courts of England and Wales shall have exclusive
jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its
subject matter, existence, formation, negotiation, validity, termination or enforceability (including
non-contractual disputes or claims).
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We confirm that I/we have not sold, transferred, assigned or otherwise disposed of my/our
interest in the application in Scheme and that I/we have the full right, power and authority to
execute, deliver and perform this Agreement.

No term of this Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999
by any person not a party to this Agreement.

The payment due under this Agreement shall be made in full without any deduction other than
any deductions detailed in the Offer Letter.

As set out in the Offer Letter, the Department will aim to make payment within 21 days of receipt
of the signed Offer Acceptance Form and Terms. In the event that payment is made outside that
period, the Department will recalculate the interest due in accordance with the Scheme Guidance
and Principles.

Government has enacted secondary legislation, the legal effect of which is that no income tax,
capital gains tax, national insurance contributions or VAT will be payable at law by any party in
respect of any payment (or any part of a payment). Legislation has also been enacted to relieve
payments from inheritance tax. HM Revenue and Customs will not collect any income tax, capital
gains tax, national insurance contributions, inheritance tax or VAT which may have been due in
respect of any payment (or any part of a payment).

Signed by<claimant's full name> wee eeeeeeeceeeeeeeeeeeeeeeeeeneeeeeee

Date:
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Department for Business and Trade

Department for fara Place
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. itehall
Business & Trade ender SW1A 20¥
Checklist

When accepting the Offer we have made in this Offer Letter, please ensure you have provided
the following:

A signed and dated copy of the Offer Acceptance Form and Terms.
#8

Department for

Department for Business and Trade
Old Admiralty Building

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Admiralty Place
‘ Whitehall
Business & Trade London SW1A 2DY
Annex 1
Index of Key Documents
Index of Supporting Documents Relevant to Claim
Document name /description Date

GLO Compensation Scheme Application Form

Signed Schedule of Claimant Information

Appendix 1 — Net loss of past earnings

Appendix 1 copy using ONS

Appendix 2 - Actual Earnings

Appendix 3 — UK House Price Index; Cornwall Area

Appendix 4 — Comparable Freehold Property

Appendix 5 — Loss of opportunity — Business Development

Appendix 5 copy using ONS

Appendix 6 — Interest on past losses

Milsted Langdon — Schedule of Loss

Bundle

Letter from Phil Tanswell

Letter to AG 16.1.24 — response to RFI

ea

Department for

Business & Trade

Annex 2

Breakdown and Explanation of Offer

Department for Business and Trade
Old Admiralty Building

Admiralty Place

Whitehall

London SW1A 2DY

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Head of Loss

Amount Claimed

DBT Offer

Assessment Comments

Shortfalls paid to POL

Interest on shortfalls
paid to POL

Loss of earnings during
suspension

Interest

Loss of earnings due to
failure to give notice

Interest

Loss of earnings post
termination

Interest on Loss of
earnings post
termination

Loss of Property / Other
Assets

Interest on Loss of
Property / Other Assets

Loss of opportunity /
chance

Interest on Loss of
Opportunity / chance

Increased cost of
financing

Legal and Professional
fees

Stigma / Reputation

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damage

Personal Injury

Interest on Personal
Injury

Harassment

Malicious Prosecution

Other Losses (CBT
Therapy)

Other Losses (Distress
and Inconvenience)

Third Party Losses

Interest on third party
losses