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womblebonddickinson.com WOMBLE
BOND
DICKINSON
27 February 2019 Womble Bond Dickinson (UK) LLP
Oceana House
Second Letter 39-49 Commercial Road
Southampton
S015 1GA
Freeths LLP
100 Wellington Street
Leeds
West Yorkshire
LS1 4LT
By email only poeapevaeaods, 1369
Your ref
Email: james.hartley
Dear Sirs
The Post Office Group Litigation
Horizon Issues Disclosure
We write further to our letter of 11 February 2019 and your letter of 18 February 2019.
1. Pre-2011 audits of Horizon
141 Post Office understands that E&Y were the auditors of Horizon prior to 2011. Copies of the audit
reports are held by Royal Mail Group. Post Office has made a request for these documents
however Royal Mail Group are concerned about providing these documents without a formal
order from the Court for third party disclosure. Please could you confirm if you wish to continue
to pursue disclosure of these documents, in which case assistance from the Court on this
disclosure request may be required.
2. Horizon Management Council
24 Please see our letter dated 19 February 2019.
3. Newport
3.41 The documents which related to the Newport Pagnell branch were disclosed to the Claimants
due to them being adverse documents which came to light when seeking to locate documents
which related to Ms Burke's branch (which is also called Newport). Post Office is required to
provide disclosure of these documents under CPR 51U.
3.2. To locate documents which related to the Ms Burke's branch, a search was run across 59
custodian's email accounts for documents which contained the phrase "Newport". No date range
was applied to this search. The search returned 4,444 documents which were all manually
reviewed for relevance and disclosure of the responsive relevant / adverse documents was
provided. The search that has already been undertaken is broader than the search which you
are now requesting Post Office to undertake, which is limited by a date range. Running the date
limited search would return the same results as Post Office's previous search. If your proposal
instead is that Post Office searches other custodian's email accounts for documents relating to
Ms Burke's branch, please could you confirm the custodian's email accounts which should be
part of this search. It should be noted that it may not be possible to extract further email
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accounts for Post Office's IT system and review these documents prior to the start of the Horizon
Issues Trial. Post Office's position on the reasonableness and proportionality of such a search is
reserved until your client's position is known.
3.3 Your new disclosure request also seeks for Post Office to search the email accounts of Fujitsu
personnel. Before now, none of your disclosure requests have been targeted towards the email
accounts of Fujitsu employees and to undertake a search of these accounts would require our e-
disclosure provider to undertake a substantial amount of work with Fujitsu to understand how
their emails are stored, whether any archiving exists and how the emails could be extracted.
Given that trial begins in 2 weeks there is not time to undertake this work before the start of trial,
which would lead to disclosure being given either during trial or after it has ended. Further, these
documents are not within the control of Post Office.
4. Witness statement disclosure
44 Please see our letter of 20 February 2019.
5. Credence report for Mr Patny and call logs for Mr Latif
5.1 Further to our response to request 10 in section 10.1 of our letter of 11 February 2019, enquiries
have been made with Post Office to locate the credence report referred to in the NBSC logs. We
understand that a copy of this report has not been located and since Credence only holds data
for 3 months a copy of this report cannot be reproduced.
5.2 In relation to the call logs for Mr Latif, please find enclosed POL-0514487 which are the call logs
for Mr Latif's branch from 25 October 2001 to 31 March 2017.
6. Responses to disclosure requests made on 22 January 2019
In response to the matters in Schedule 1 of our letter which we confirmed we were seeking
further information on:
2 Paragraph 31 of Godeseth 1 Please find enclosed a copy of Fujitsu's
Security Operations Team’s ARQ tracker as
at the 28 September 2018 which sets out the
figures to which Mr Godeseth makes
reference.
The underlying documents which set out the
figures Mr Godeseth makes reference to,
including any documents regarding
approaching or exceeding the contractually
agreed limit and the claims for/payments In 2014/2015, Post Office exceeded the limit
of/discussions surrounding penalty payments. I on ARQ request by 9 requests. Fujitsu have
confirmed that there were no discussions
with Post Office about exceeding this limit.
3 Paragraphs 34 - 46 of Godeseth 1 The following documents fall within your
disclosure request. A number of these
documents have already been disclosed and
can be located by running a search for the
file name. The remaining documents are
contained within the enclosed disclosure list.
These documents were sourced from
Dimensions but were not previously
disclosed since they were responsive to the
privileged search terms.
° DE/LLD/003
e DE/HLD/002
Disclosure of procedures relating to Legacy
Horizon Riposte, the ability to inject messages
at the correspondence server and how the
inserted messages appeared.
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_ Request I Disclosure Request I Response to Request
I /
e« DE/SPG/003
* CS/QMS/004
* CS/QMS/007
« RS/POL/003
* RS/MAN/O07
e« SY/SOD/009
4 Paragraphs 58.2 of Godeseth 1 Please see our separate letter of 22 February
: Disclosure of 2019.
"BRDB_TXN_CORR_TOOL_JOURNAL"
5 Paragraph 58.5 of Godeseth 1 We refer to the disclosure of
Disclose an audit log which records the a eR or OURNAL
number of uses of the branch correction tool. p .
9 Paragraphs 11 — 12 of Phillips 1 Post Office has confirmed that there is not a
‘ specific document which relates to Post
Form including internal actions taken o Dispute Form, but its use is incorporated into
receipt. 9 the dispute process.
A flowchart of the dispute process is at POL-
0173159.
10 Paragraph 35 of Van den Bogerd 2 Please find enclosed documents which were
7 . responsive to this search terms proposed in
Confirmation of whether Post office has our letter of 11 February 2019 but had not yet
using the exact phrase "phantom transaction" been disclosed.
13 Paragraph 188.2 of Van den Bogerd 2 Please find enclosed the documents which
. were responsive to the searches proposed in
Disclose the branch user forum records. our letter of 11 February 2019.
(24 Paragraph 6.3 of Dunks 1 Please see the already disclosed document
Disclosure documents relating to (i) POL-0511707 which explains the process for
management, control or audit of the ARQs; the request, gathering and delivery of ARQs.
and (ii) the process of ARQ extraction I
22 Appendixes 1 and 2 of Parker 1 Fujitsu have informed us that the documents
. relied upon or referred to by the team from
brine Seer SSC uno pocces the to I SSC were Peaks, KELs and Exhibit SPP1 all
tables and explanations contained within a which have been provided to the
them. laimants. I
7. Further disclosure
71 During preparation for trial a number of further documents which relate to the Horizon Issues Trial
have come to Post Office's attention. Disclosure of these documents is being provided by way of
the enclosed disclosure list. The enclosed list also contains those documents which have been
provided to the Claimants but not yet formally disclosed.
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Yours faithfully
GRO
Wombie Bond Dickinson (UK) LLP
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