BEIS0001160
BEIS0001160
From: Chisholm, Alex (BEIS)[/O=EXCHANGELABS/OU=EXCHANGE
ADMINISTRATIVE GROUP
(FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=E06D33F69FDF459B87BO0A3CB7
5D2E37C-ALEX.CHISHO]
Sent: Mon 09/12/2019 11:00:42 AM (UTC)
To: Creswell, Carl (Professional Busi Services, Retail & Post
Directorate} _
Ce: Permanent Secretary:
Subject: Re: GLO - Mediation Update - confidential and legally privileged
Ok thanks
Get Outlook for iOS
From: Creswell, Carl (Professional Business Services, Retail & Post Directorate)
Sen Monday, Decembe
To: Chisholm, Alex (BEIS):
Cc: Permanent Secretary a
Subject: RE: GLO - Mediation Update - confidential and legally privileged
Hi Alex,
No news on amounts to be requested yet, but I wanted to let you know that Ive got to the
bottom of the costs element.
The £5.5m has already been mandated by the court (during the Common Issues Trial
judgment) and indeed paid to the claimants’ solicitors, so is outside the envelope that POL will
be requesting because they've had to pay it already. It is only being mentioned alongside the
‘new’ ask for presentational reasons. Further costs beyond the £5.5m will be included in the
approval that POL will be seeking from us.
Having said this, UKGI advise that if a settlement can be achieved it seems likely that the
authority that POL will ask us for will be for a figure which if one added the ClJ costs already
paid will still be at or below the £65m authority Ministers and CST have approved.
I thought best to clarify that now.
Thanks,
Carl.
ww Carl Creswell
Og Director, Professional & Business Services, Retail and Post
Department for
Business, Energy
& Industrial Strategy “Orchard 2, 1 Victoria Street, London SW1H OET
www.gov.uk/beis I https://twitter.com/beisgovuk
From: Chisholm, Alex (BEIS)
Sent: 06 December 2019 18:
ional Business Services, Retail & Post Directorate)
Cc: Permanent Secretary +
Subject: Re: GLO - Mediation Update - confidential and legally privileged
I assume it is and on that basis would expect to agree with you.
A
Get Outlook for iOS
BEIS0001160
BEIS0001160
Sent: Friday, December 6,
To: Chisholm, Alex (BEIS) ¢
Cc: Permanent Secretary 4
Subject: Fwd: GLO - Mediation Update - confidential and legally privileged
Hi Alex,
lam minded to recommend to you that we agree to this, but I have asked UKGI to confirm
definitively whether the £5.5m of costs is supposed to be within the (up to) £65m ceiling. 1’ll email
you once I have heard back from them about that.
Thanks,
Carl
Get Outlook for iOS
From: Watson, Richard - UKGI <_ GRO_
Sent: Friday, December 6, 2019 5 PM
To: Cooper, Tom - UKGI
; Fleming, Joshua - HMT
reswell, Carl (Professional Business Services, Retail & Post
Directorate) ¢ GRO
Cc: Aldred, Tom - UKGI ¢
Chisholm, Alex (BEIS)
Subject: LO - Mediation Update - confidential and legally privileged
Thanks Tom
Josh, Carl
You will note that POL want authority to offer £50m plus the £5.5million costs they have already paid.
and will be checking emails over the weekend if anyone needs to
BEIS0001160
BEIS0001160
discuss
Kind regards
Richard
Richard Watson IGeneral Counsel
UK Government Investments
1 Victoria Street I London I SW1H OET
W: https://www.ukgi.org.uk,
Sent: 06 December 2019 17:
To: Fleming, Joshua - HMT <
bs; Carl Creswell
~; Watson, Richard - UKGI
; Scott, Joshua - UKGI
Sent from my iPhone
Begin forwarded message:
From: Ben Foat ¢
Cooper, Tom - UKGI" .
Subject: GLO - Mediation Update - confidential and legally privileged
All
The parties have made little progress today. The mediators have spent the majority of
the day with the claimants again.
The claimants are at 60m + 5.5m CU costs. Post Office remains at 45m + 5.5m.
BEIS0001160
BEIS0001160
We have made it clear that the mediation will end COB Monday (as we need to put
pressure on the claimants to respond and these proceedings do in fact need to end at
some point particularly with the election and authority issues which that may cause).
Next Steps
1. We will respond to their amended settlement deed over the weekend and we
have requested the other side to have their finalised position in relation to the
settlement deed by Monday morning. I will make sure that the joint statement is
provided to Patrick as soon as they have provided it us. They are yet to do so.
2. The parties will provide what they say are their proposed final offers (which are
not necessarily the final offer in reality) to the mediators on a confidential basis.
We are likely to go to £50 +5.5m ClJ costs such that if the other side does the
same ie £55m +5.5m ClJ costs then ultimately the parties could spilt the
difference at £52.5 +5.5m CJ costs. Consequently, I will need authority from Tom,
Tim and Nick over the weekend or first thing on Monday to make the offer of
£50m. You will note that these amounts are within the authority provided by the
Board Sub-Committee. I will also need Tom, Tim and Nick to be available to make
any subsequent offers throughout the day on Monday.
Do let me know if you have any further queries in the meantime. Happy to discuss later
this evening or over the weekend if you need.
Kind regards
Ben
Ben Foat
Group General Counsel
Ground Floor
20 Finsbury Street
LONDON
EC2Y 9AQ
Mobile
FEES SHES EISIO IEEE SORE SIOEEI SSIES SOFIE SRIEI SSRIS IOI ORI III Ir
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:
Finsbury Dials, 20 Finsbury Street, London EC2Y 9AQ.
JE OBESE OSE IOB OE ODE OBES EOE IOBE EERE SE IORSBE SBE EE
“Post Office Limited is committed to protecting your privacy. Information about how we
do this can be found on our website at www.postoffice.co.uk/privacy”
This email and any files transmitted with it are intended solely for the use of the individual(s) to whom they are
addressed. If you are not the intended recipient and have received this email in error, please notify the sender
and delete the email. This footnote also confirms that our email communications may be monitored to ensure
the secure and effective operation of our systems and for other lawful purposes, and that this email has been
swept for malware and viruses
BEIS0001160
BEISO001160