LCAS0000478 - Letter from Bond Pearce to Lee Castleton re stance on evidence consistency (Tivoli log contracts, Mrs Simpson and Mrs Chambers)

Evidence on official site

LCAS0000478
LCAS0000478

8 January 2007 Bond Pearce LLP
r Ballard House

West Hoe Road
Plymouth PL1 3AE

PRIVATE AND CONFIDENTIAL
Mr L Castleton
14 South Marine Drive

Bridlington

YO17 OUX
Our ref:
SID3/KAK2/348035.134
Your ref:

Dear Sir

Post Office Limited v Yourself
Claim number HQ05X02706

Thank you for your letter dated 5 January 2007 and received today.

We do not accept that the Tivoli log contradicts Mrs Simpson’‘s evidence with respect to her actions on 1
April 2004, or that even if it does, this has “a serious impact on the integrity of the system and the
balances” (or indeed any impact at all). It is irrelevant to the outcome of this case and in any event, you
were suspended on 23 March 2004.

Similarly, Mrs Chambers previously stated in evidence that when she examined the Tivoli Event log at the
time she saw “nothing out of the ordinary, only the event that gave rise to the one thing that is
irrelevant”. We therefore doubt that you can really raise any new relevant points with her.

It is not even clear that the Tivoli Log falls within the category of documents that should be disclosed
pursuant to CPR 31.6. In the circumstances, we remain concerned about the cost, proportionality and
relevance of recalling witnesses that have already been released. However, we have spoken to both Mrs
Simpson and Ms Chambers who state that they would be willing to attend Court on 11 January 2007.
Accordingly, we will ask them to be there and we will not oppose your application, provided that if the
judge gives permission for them to be cross examined again:

(a) you complete their cross examination on the day; and

(b) the costs of your application should be in the case.

Please confirm that you agree to points (a) and (b) above.

We are copying this fax to the Court and look forward to hearing from you as soon as possible.

Yours faithfully

Bond Pearce LLP

Cc Sarah Landau, Clerk to HHJ Havery QC

Bond Pearce LLP, a Limited Liabity Partnership. Resstered in England and Wales number 0C311430
Registered office: 3 Temple Quay Temple Back East Bristol BS1 6Dz. VAT number GB143 0282 0:

Ait of members of bond Peares is open for inspection atthe reastered ofc, Regulated by the Law Society www.bondpearce.com
4A 1253629 1

LC0121.0001