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Among Ae sauT TO CYL [F-10726
Queen’s Bench Division _
I
Fee Account no.
Claimant(s) name(s).and address(es) including nosteade...
Alan Bates of } GRO
others (pleas ached 7
chedule'o
Defendant(s) name and address(es) including postcode
Post Office Limited (company number 02154540), whose registered office is at Finsbury Dials, 20 Finsbury Street,
London, EC2Y 9AQ
Brief details of claim
The Claimants are a large group of people (and/or companies) appointed and/or engaged at various times under
standard form contracts by the Defendant as Sub-Postmasters (or in some cases, as Crown Office employees) jo,
to work in. 97 operate Post Office branches, or acting in such or similar capacity, who have been subjected to unlawful
treatment by the Defendant causing them significant financial losses (including loss of their business and property),
bankruptcy, prosecutions, serving community or custodial sentences, distress and related ill-health, stigma and/or
reputational damage.
‘The said standard form contracts were replete with power and discretion in the hands of the Defendant. In all the
circumstances, they included an implied term of trust and confidence and/or were relational contracts imposing
obligations of good faith on the Defendant (including duties of fair dealing and transparency, trust and confidence and
co-operation). There were also implied terms, including obligations on the Defendant: not to act in an arbitrary,
irrational or capricious manner in decision-making affecting the Claimants; to provide adequate training and support
to the Claimants (particularly if and when it imposed new working practices or systems or required the provision of
new services); properly to execute all transactions which the Claimants effected; properly to account for, record and
explain all transactions and any alleged shortfalls which were attributed to the Claimants; and properly and fairly to
investigate any such alleged shortfalls.
Further, by reason of the agency relationship between the Claimants and the Defendant and/or in all the circumstances _
(and having particular regard to the Defendant imposing and undertaking to provide the system by which transactions
were effected, recorded and reconciled and the vulnerability of the Claimants to the exercise of power by the
Defendant in this and other respects), the Defendant owed the Claimants a fiduciary duty properly to execute all
transactions which the Claimants effected and properly to account for, record and explain all transactions and any
alleged shortfalls which were attributed to the Claimants. Further or alternatively, the relationship amounted to an
accounting relationship so as to give rise to such duties. The Defendant also owed the Claimants a duty of a care in
tort in exercising its functions and powers within its relationship with the Claimants.
The claims herein arise following the Defendant’s introduction of a new electronic point of sale system known as
Horizon in or around 1999/2000 and changes (including new or changed services) introduced by the Defendant
thereafter. Horizon itself significantly changed how the Claimants were required and able to work in their branches
and severely limited their ability to access, identify, obtain and reconcile transaction records and themselves
investigate any alleged shortfalls. From the introduction of Horizon and throughout, the Defendant failed to provide
adequate training and support to the Claimants. When financial, accounting and other alleged errors or failures arose,
including or resulting in alleged shortfalls in branch accounts, the Defendant in purported exercise of its contractual
and/or prosecutorial powers: did not investigate the existence and/or causes of the alleged shortfalls fairly, properly or _
at all; required Claimants to make good the alleged shortfalls; encouraged Claimants to sign-off cash balances
without being able to satisfy themselves that they were aci ] ite and/or exercised undue or unreasonable pressure or
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influence on Claimants to do so; excluded Claimants from their own branches; suspended and/or terminated their
appointments and/or engagements and/or imposed undue and/or unreasonable pressure or influence ‘upon Claimants to.
resign or otherwise end their contract with the Defendant; unfairly investigated the Claimants (including by
preventing or impeding any or any reasonable access by the Claimants to relevant data, information and documents
and/or excluding from consideration the known risk, if not likelihood, of errors in or related to the Horizon system
and/or related matters set out herein); mispresented to the Claimants the approach to and purpose of such
investigations; prosecuted them for theft, false accounting and/or other criminal charges and took other measures
against them including pursuing restraint orders against them (under s.41 of the Proceeds of Crime Act 2002);
procured repayments and/or the settlement of claims by means of negligent misstatement and/or misrepresentation or
deceit: unreasonably acted so as to prevent or inhibit Claimants from preserving, realising or tecovering the value of
their businesses including their capital investments and/or capita! payment entitlements payable by the Defendant
upon biaach closures; and/or otherwise acted wholly unreasonably, oppressively and/or arbitrarily and, in any event, —
in breach of the Defendant’s duties. :
Throughout, the Defendant concealed material facts from the Claimants and thereby misled them about: the reliability
of Horizon and the errors in, and generated by, Horizon; the problems encountered by other Sub-Postmasters in using
Horizon (Claimants being informed that they were the only one); the ability of the Defendant (or its IT provider, ICL
and later Fujitsu, on its behalf) remotely to access and make changes to transactions, data and/or branch accounts,
without the knowledge of the Claimants; the approach to investigations and audits following identification of, alleged —
shortfalls and the purpose for which the Defendant carried out the same; the basis upon which the Defendant chose to _
prosecute or refer Claimants for prosecution and/or to take related steps above; and/or the extent to which the :
Defendant had discharged its duties set out above in the exercise of all its aforesaid powers and discretions, Further _
or alternatively, the Defendant deliberately committed breach(es) of duty in circumstances in which the same was :
unlikely to be discovered for some time by the Claimants and thereby deliberately concealed the facts involved in that
breach of duty.
By reason of the Defendant's said conduct, the Defendant is liable to the Claimants for: breach of express and/or
implied contractual terms; breach of duties of care in tort; breach of fiduciary duty; unjust enrichment; harassment
I. under the Protection from Harassment Act 1997 3 negligent misstatement; misyepresentation: deceit; unlawfubmeans
' sememtaney; malicious prosecution; misfeasence-in- public office, By reason of the Defendant's conduct in relation to
the prosecution or referral for prosecution of Claimants, the Defendant is liable for breach of the Claimants’ rights
under Articles 6 and 8 ECHR and/or Article 1 of the First Protocol contrary to section 6(1) of the Human Rights Act
_ 1998; and/or procuring a breach of their common law fair trial rights and/or rights under Article 6 and 8 ECHR and/or
Article 1 of the First Protocol as aforesaid. i
The Claimants seek by way of relief:
(1) Declaratory relief as to terms and/or nature of the legal relationship between the Claimants and the Defendant;
(2) Damages for the unlawful acts set out above;
(3) Aggravated and/or exemplary damages;
(4) Restitution and/or payment of money had and received (in each case, including compound interest thereon);
(5) Orders for the taking of accounts and payment of sums found due on the taking of such accounts;
(6) Damages or other relief under Section 8 of the Human Rights Act 1998;
(7) Rescission and/or damages and/or declaratory relief as to settlement agreements and/or any repayments of
shortfalls and/or agreements to repay the same:
(8)_ Further or other relief as the Court may think fit;
(89) Interest;
(210) Costs.
In the light of the common and/or related issues of fact and law arising herein, the Claimants intend to make an
_ application for a Group Litigation Order pursuant to CPR 19.11.
Assigned to Master:
: Value
_ The Claimants expect to recover more than £200,000
Re -Re -Ainended by Freeths LLP (Solicitors for the Claimants) on 26-Juty- 2016 27 Oetober- 2017 08 November 2017
pursuan! to CPR} Hy parapraph-22-of the Coutts Order dated 19 October 2017 the parties’ agreement
‘You must indicate your preferred County Court Hear’ Centre for hearings here (see notes for guidance)
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High Court, Queen’s Bench Division — Royal Courts of Justice, Strand, London
Post Office Limited
To be confirmed
Finsbury Dials
__ 20 Finsbury Street
London
EC2Y 9AQ
HOL6XO1238
Does, or will, your claim include any issues under the Human Rights Act 1998? KlYes
Particulars of Claim {attached) to follow
Statement of Truth
*(I believe)(The Claimant believes) that the facts stated in these particulars of claim are true.
* Tam duly authorised by the claimant to sign this statement
Full name : 3OHN-MA¥JAMES HARTLEY
*s firm: FREETHS LLP.
position or office held: PARTNER,
(if signing on behalf of firm or company)
“delete as appropriate
Freeths LLP
1 Vine Street
London
WILOAH.
Tel
Fat,
Ref; JXH/VN/1684/21 13618/1
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IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
BETWEEN:
ALAN BATES AND OTHERS.
POST OFFICE LIMITED
-and-
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Claim Number:
Claimants
Defendant
AMENDED SCHEDULE OF CLAIMANTS
AMENDED PURSUANT TO CPR 17.4(4)
No. Title __I First Name {nitial_I Surname
1, Mr Haji HN I Abbas Choudry
Lesley \ Abbot
2 Mrs Oyetju 00 Adedayo
Omotara
7 Tabasam
a Mohammed Aa i
ale !
47, IMiss I Dionne Py Andre f
4
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6.9] Mrs I Isabella q Armstrong-Wall
40. I Mr Kamran [Es
6.41, I Ms Shazia s Azam
T Me Lawrence LG Balley
4. I Mr Virendra Kumar [ VK Bajaj
Tracy iT Banks.
40.17,] Mrs Jasvinder J Barang
44 Alan A Bates
(named on
Claim Form)
Arun A Bhanote
RevtiRaman I RR Bhanote
5
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23 Ram Pratap RP ‘Bhardwaj :
24. far Harpeet Sindh PHS Bhondt I
e256) Mr I Rajinder RS I Bikhu :
28. Msg Amanda Julie I AJ !
f6e 7] Mrs Margaret MW Boston I
+= GRO
Timothy T Brentnall !
I 4%.31,[Ms Sharon SP I Brown !
T 2] Mr Thomas TG Brown I
7 Gary Brown :
I Wendy Ww Buitrey i
- - 6
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Za Ie Nathan Vincent [NV
Timothy T Burgess
Zaa7,IMs I Sarah 5 Burgess-Boyde
Davie
Julie vi Carter
Mr Ghazala G Chishty
b Bashi:
os.) Ma Deirdre D Connally
GRO
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26-40, I Me Philip P Cowan
247-49, Ms Pauline P Coyle
Scott $ Darlington
29.53.) Mr John J Dickson
GRO
20.55,I Ms Marion M Drydale
qi Sathiaseelan Easwarakumar
Thomas TE English
Nirmala N Fatania
Tage I fr I Stanley s Fel
8
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Joanne a Foulger
Richard Falfax [RE I Gues
62. Ii I Harkamel HS I Ghao
Bonna Lynn BE Gosney
Samsudio
GRO I
6.68] Ms Alison A Halt
Josephine J Hamilton
Susan s Hazzleton
I 29.72] tir David OT I Hedges j
9
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GRO
Allison A Henderson
one I Mr Pater B Holloway
Marion M Holmes (the
personal
representative
of Peter
Holmes
{deceased))
Frank F Holt
Mrs Gillian GM Howard
45.7) I Mr Graham G Howard
r
ey Mrs Lynette Jane Ld Hutchings
8h. Elaine & fudge
7 Hs G logham
Karen
10
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83 Mr Keith K Jones
Mr Harish H Joshi
T Mrs I Karen K Judd
GRO
Urs Kamran Hi
Mr Anish ry Kavi ‘I
49.96.) Mr Antony Afzal AA Khan i
T5007] Mr I Amir AH} Khan i
11
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Darren D King
a Fi LS I Kickman
Tot I ie UN [vast
$2,104 Ms ‘Susan s Knight
52.10.) Me Kamaijit K Kooner
105, I Me Kamelesweian [K Kunabalasingam
103. I fe Su I hutlanawala
107. Adrees A Calif
108. I Ms I Denise is) Lalreille
om f Lummi
110 I Derma! n
Ti [is Susan SE Mansfield
12
GRO
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Elizabeth
64,417 Me Wendy Ww Martin
fac Gg Massey
Francis Joseph I FJ Maye
54 Katherine K MeAlemey
116. I Me Donald 2 Molean
i
ia i Mirza
82. Mrs Seema Ss Misra
Joha Rober}
albu ivan
Nehman
[Hisar
Jenny d
O'Dell
13
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125. Moiisola i Okuwoga i
68.426] Mr Ralph R Oliver (a i
Protected Party H
by Teri I
Packwood, his i
Litigation Friend) i
10.427) Mes Sarah s Osolinski i
128 E o Ovrn '
personal
fepresentative of i
Mr dohn Owe: I
(deceased) \
Tot. I iar Pakeerathan G RO q
G4-102I Mr Vilay V Parekh 1
4 ta U Le Paigi iz
~ Kumar
195. [lc I Vininchandra I 7
zy 1 4
ie Tie Tracy Ano iz Paynter H aa
14
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2) Mr ‘Alan A Riddell
20.453) Mrs Carol Cc Riddell
74-454] Ms Della D Robinson
72455] Ms Megan M Robinson
? Michael M Rudkin
eS () Mr Mohammad =I M Sabir
158] Mr Mohammed I MA I Saleem
169. I Mc a
460. I Mr
76,461) Ms s Sayer
4 Vinod Kumar I Ys
GRO
16
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765.. I E Singh :
i {
M4 Suri f Singh-Gil I
4 Ravinder Pal [RF AT
3] Miss I Janet J ‘Skinner I
T B Skirow I
78-172) Ms Elizabeth = Stockdale i
?3 nm Sally Mary I S MAC I Stringer
Pamela Pd Stubbs: I
Ty Mr I Greg @[Suszczeria I
he} Ms doy J Taylor :
17
2/1/17
homson
Hardia Singh I HS
hj
1] Mr Christopher =I C Trousdale
83.182] Ms Jasvinder JK Uppal
7 I ME ye Veen
Guy G Vinal)
2] Mr Terry T Walters
Graham G Ward
tan ' Warren
es § Watson
18
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V0. I ls 4
At I ee Ls
192, F Whe
Rachel Anne I RA Williams
89:194] Ms Margery ML Williams
Julian I Wilson
Worstold
34-197I Ms Kym K Wyllie
David EP) Yates
Amended by Freeths LLP (Solicitors for the Claimants) on 26 Jul
2016 pursuant to CPR
IZA
19
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