POL00000219
POL00000219
Post Office Limited
148 Ole Street
LONDON
ECAV 9HO
Confidential
Second Sight Support Services Limited
7 Canon Grove
Yarm
Teeside
TS15 9XE
By special delivery and email: rjw
10" March 2015
Dear Sirs
Initial Complaint Review and Mediation Scheme (the "Scheme")
Work Plan
We refer to the letter from Post Office Limited ("Post Office") dated 10 March 2015
giving you notice of cessation of your Services in relation to the Scheme.
This letter sets out the scope of work for Second Sight Support Services Limited
("Second Sight") during the notice period, the last day of which is 10 April 2015 (the
"Notice Period") and the proposed future role of Second Sight after the Notice Period
has ended.
Your engagement terms
Pursuant to clause 2.3 of your ‘Engagement Letter in relation to the Initial Complaint
Review and Mediation Scheme’ of 1 July 2014, (the "Engagement Letter") you were
engaged by Post Office to "provide Services to the Working Group in relation to the
Scheme".
The Services are exclusively and exhaustively set out in the Scope of Services Schedule
to the Engagement Letter and, in summary, those Service lines were:
Serving on the Working Group;
Advising on documents produced by Post Office and Applicants to the Scheme;
Investigating the specific complaints of Applicants; and
Assisting with any other reasonable requests made by the Working Group and/or
Post Office.
PUNE
Work plan for the Notice Period
As you will have seen in our letter to you of 10 March 2015, the Working Group has been
closed. Also, Applicants and Post Office have now submitted all their Case Questionnaire
Reports and Post Office Investigation Reports respectively. There is therefore no further
work required from Second Sight in these respects.
www, postoffice.co.uk
POL00000219
POL00000219
Post Office Limited
148 Ole Street
LONDON
ECAV 9HO
Confidential
“Part Two” Report
Before the Working Group was closed it commissioned you to produce a revised version
of your Part Two Report for its consideration. In your email of 3 March 2015, you
confirmed that a first draft of your revised Part Two Report was to be made available on
11 March 2015.
Post Office wishes for you to continue with this work during the Notice Period. Please
provide the draft Part Two Report to Post Office on 11 March 2015 as per your previous
commitment. We will then work with you during the Notice Period to ensure that the
Part Two Report is accurate, logical and fully evidenced, so that it can inform the
ongoing mediations as originally commissioned.
Case Review Reports
During the life of the Scheme, you provided to the Working Group regular updates on
your planned delivery of either a Draft Case Review Report ("CRR") or a Final CRR for
each case. According to the last information submitted to the Working Group, you
committed to delivering either a Draft or Final CRR for the majority of cases within the
Notice Period.
However, it appears from an email sent by Chris Holyoak on 6 March 2015 that you may
no longer be able to do this, due to your work on the Part Two Report, the greater
complexity of the remaining cases, illness, and the diversion of attention to other
matters. You have therefore requested an extension of four weeks for all CRRs yet to be
delivered.
It is in the best interests of both the Applicants and the Post Office that CRRs are
submitted in an efficient manner with a minimum of further delay. Post Office will
therefore need to work with you to agree a revised schedule by which Draft and Final
CRRs will be submitted during the Notice Period.
Post Office will pay you for any work done in accordance with this letter as per the
payment terms in the Engagement Letter.
Save as otherwise set out in this letter, Post Office instructs you (pursuant to paragraph
1.4 of the Scope of Services schedule to the Engagement Letter) to cease any other
work during the Notice Period in relation to the Scheme, Post Office, the Horizon system
or complaints by Applicants, as commissioned by the Working Group or otherwise.
For the avoidance of doubt, at the end of the Notice Period, Second Sight shail cease all
Services and will no longer be engaged or commissioned by Post Office to carry out any
work.
Future role of Second Sight
Although Post Office is ceasing Second Sight's direct engagement, we propose that you
continue to have a role in helping resolve the concerns of Applicants.
www, postoffice.co.uk
POL00000219
POL00000219
Post Office Limited
148 Ole Street
LONDON
ECAV 9HO
Confidential
For those cases in which you have not commenced work on the draft CRR by the end of
the Notice Period, Post Office will provide Applicants with £3,500 in additional funding to
be used to engage Second Sight directly to produce a CRR (if the Applicant so wishes
and you are willing to provide them with your services).
Post Office would expect such CRRs to be logical and fully evidenced and any opinion
therein to be produced without bias and based on the facts and evidence available, as
was the standard for this work under the Engagement Letter, and is to be expected from
qualified and experienced accountants providing opinions based on their expertise.
We therefore expect that Second Sight will restrict its comments to those topics on
which it has sufficient knowledge, experience and expertise so as to ensure that
Applicants are not misled. As set out in my letter of 24 February 2015 and further
discussed at our meeting on 4 March 2015, we believe that matters such as the standard
Subpostmasters contract and prosecution issues are outside of Second Sight's expertise.
Any CRR produced directly for an Applicant will be confidential to that Applicant unless
they wish to disclose it to Post Office, as part of the mediation process or otherwise. We
do not therefore envisage Second Sight producing "draft" CRRs for Post Office's
comments. However, we may choose to comment in particular cases, say where a CRR
has been disclosed by an Applicant as part of the mediation process.
To be clear, any work you perform after the Notice Period has ended will be on the basis
that you are directly engaged by an Applicant. It will be for you to agree your
engagement terms with an Applicant. Post Office will have no obligations to Second Sight
for any work undertaken in these circumstances although Second Sight must continue to
comply with the enduring terms of the Engagement Letter as summarised below.
Confidential Information
In performing the Services, Second Sight has taken possession of a significant amount of
Confidential Information (as defined in the Engagement Letter) about Post Office and
Applicants. The use of this Confidential Information is regulated by the Engagement
Letter:
. Confidential Information is to be kept secret (clause 6.1.1).
. Confidential Information is to be used only for the Services (clause 6.1.2).
° Confidential Information held by Second Sight is to be destroyed or returned to
Post Office on demand (clause 6.1.4).
° Post Office is the data controller of any personal data in the Confidential
Information (clause 7.1).
These obligations extend to the individuals acting for Second Sight including Ron
Warmington, Ian Henderson, Chris Holyoak and Kim Evans, all of whom have agreed to
non-disclosure agreements with Post Office.
www, postoffice.co.uk
POL00000219
POL00000219
Post Office Limited
148 Ole Street
LONDON
ECAV 9HO
Confidential
These obligations apply during and after the Notice Period (clause 9.5 of the Engagement
Letter).
Once the Services come to an end, Post Office is obliged to ensure that no personal data
about Applicants or its staff is used by Second Sight without permission, in order to
protect the privacy of those individuals.
It is however recognised that Second Sight may need access to some Confidential
Information after the Notice Period in order to produce CRRs directly for certain
Applicants in the manner described above. If Second Sight wishes to retain copies of
any Confidential Information for this purpose, Second Sight and the relevant Applicant
must sign and send to Post Office a copy of the enclosed "Engagement Notice" before 17
April 2015. This notice confirms that Second Sight has been engaged directly by an
Applicant, that the Applicant consents to Second Sight holding information about them
and that Post Office is no longer responsible for that information. We will be explaining
this to Applicants when we write to them to confirm the changes to the Scheme.
In line with this approach, Post Office demands that, by no later than 17 April 2015,
Second Sight:
1. Delivers up to Post Office all Confidential Information in its original format,
including all versions of the same information in any different formats (including
information covered by any signed Engagement Notice);
2. Permanently and securely destroys all copies of that Confidential Information
retained by Second Sight save where such Confidential Information is covered by
a signed Engagement Notice; and
3. Confirms in writing that it has complied fully with the demands made above.
If an Applicant engages Second Sight to produce a CRR after 17 April 2015 then they will
need to provide any necessary information directly to you.
For the sake of clarity, but without limitation, the following classes of documents are
Confidential Information:
. Information regarding or referencing (including any information produced using
information regarding or referencing):
° Applicant's cases;
° Post Office's processes and practices;
° Horizon;
° the Scheme; and/or
° the Services.
. Communications (including letters, emails and voicemails) about the above
information with:
° Applicants;
° Professional Advisors;
° JFSA;
www, postoffice.co.uk
POL00000219
POL00000219
Post Office Limited
148 Ole Street
LONDON
ECAV 9HO
Confidential
° The Working Group;
° Post Office;
° Members of Parliament or Government departments / ministers; and/or
° Any other third party.
° Information in any format including paper copies and electronic copies.
° Information meeting the above criteria that existed before the Engagement Letter
and/or before the Scheme.
Post Office takes the privacy of Applicants and its staff very seriously. We will take all
necessary action, including if required legal action, to ensure that Confidential
Information held by Second Sight is returned to Post Office without delay. Should
Second Sight encounter any difficulties in complying with this demand, it should notify
me immediately.
Publicity
Pursuant to clause 8.1 of the Engagement Letter, Second Sight is prohibited from
making any public statements about the Scheme and/or its Services unless Post Office
has given its consent to those statements.
By way of a side letter dated 1 July 2014, Post Office gave consent for Second Sight to
speak to the Rt Hon James Arbuthnot MP about the Scheme. This consent is hereby
revoked.
We note that Ian Henderson and Kim Evans have been tweeting about the Scheme and
Second Sight's engagement using the twitter handles @forensicgod and @SistahInLaw.
This is a breach of clause 8.1 which expressly prohibits the use of social media and also
a breach of the confidentiality obligations described above. Please immediately procure
that the offending statements are removed from twitter and immediately cease and
desist making further such statements.
We remind you that this restriction on making public statements continues to bind
Second Sight during and after the Notice Period and Post Office will take action to
enforce this restriction if necessary.
Restrictive Covenant
Under clause 6.2 of the Engagement Letter, Second Sight and the Second Sight
Directors, Ron Warmington and Ian Henderson, are restricted for acting another person
against Post Office's interests for a period of 15 months from the end of the Notice
Period (expiring on 10 July 2016).
Post Office will not enforce this restriction in respect of Second Sight producing a CRR for
an Applicant after the Notice Period in the manner described above. In all other
respects, this restriction remains in full effect and will be enforced by Post Office.
www, postoffice.co.uk
POL00000219
POL00000219
Post Office Limited
148 Ole Street
LONDON
ECAV 9HO
Confidential
Jane MacLeod
General Counsel
For and on behalf of Post Office Limited
Enclosures:
1. Template Privacy Notice
www, postoffice.co.uk
POL00000219
POL00000219
Post Office Limited
148 Ole Street
LONDON
ECAV 9HO
Confidential
ENGAGEMENT NOTICE
For the attention of Jane MacLeod
Post Office Limited
148 Old Street
London
EC1V 9HQ
Dear Sirs
Complaint Review and Mediation Scheme (“the Scheme")
Confirmation of Second Sight engagement
I confirm that I have engaged Second Sight to produce a Case Review Report into my case and that,
for that purpose, I have asked that Second Sight may retain copies of the following documents related
to my case:
Application to the Scheme.
Case Questionnaire.
Case Questionnaire Response including associated evidence.
Post Office Investigation Report including associated evidence.
Mediator's Briefing Report Part One (final version only).
Mediator's Briefing Report Part Two (released versions 1 and 2 only).
Pabon=
I agree that Post Office is no longer the Data Controller of the above documents and is no longer
responsible for their security or confidentiality.
Yours faithfully
Signed: wetter —
Name of Applicant: 9 --------------------—--- a
Case reference no. 9 ---—-—---—-----------—~ —
Dates etter ee ene nnenennnnes —
Signed: settee
On behalf of Second Sight Support Services Limited
Date, erent nnne anne nnnnnnn _
www, postoffice.co.uk