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CONFIDENTIAL AND LEGALLY PRIVILEGED Cord Dicleingsw
POST OFFICE GROUP LITIGATION
Steering Group Meeting: 4 October 2017
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3.2
3.3
BRIEFING PAPER: Update on case management strategy
SUMMARY
There have been a number of developments since the Steering Group meeting on 11 September
2017 at which the general direction of the case management strategy was approved (subject to
sign off from Paula Vennells and Alisdair Cameron). This paper provides an update on these
matters, in particular:
1.1.1 the Generic Reply to Post Office's Defence which was received on 29 September
2017;
1.1.2 the impact which this has had on the case management strategy; and
1.1.3 next steps.
DIRECTIONS
By way of recap, the broad thrust of the directions proposed is to:
2.1.1 Strike out those claims that are procedurally unsustainable and seek further
information in relation to time-barred and settled cases.
2.1.2 Order a preliminary issues trial on contractual and quantum issues. This would involve
the parties agreeing a list of issues for preliminary determination; selecting a number of
Claimants to act as Lead Cases; both sides providing limited disclosure and individual
pleadings for the Lead Cases.
2.1.3 Seek orders requiring the Claimants to better value their claims.
GENERIC REPLY
The Generic Reply was due to be provided by 20 September 2017. Freeths were unable to meet
this deadline and applied to the Court for an extension of time to 29 September 2017. This was
allowed and has placed pressure on the parties to seek to agree directions prior to the CMC on
19 October 2017.
The Generic Reply was an opportunity for the Claimants to respond to Post Offices’ Generic
Defence. In summary, the Generic Reply:
3.2.1 Raised barely any new factual points.
3.2.2 Responded to Post Office's Generic Defence in a thematic way rather than paragraph
by paragraph. This is an odd approach which suggests weakness in the Claimants’
case since it will be unclear to the Court whether the Claimants have addressed all
points raised by Post Office in its Defence and allows Freeths to cloak any areas which
they would prefer not to respond to.
3.2.3 For the first time, the Claimants' provided their analysis of whether postmasters are
agents or not.
Prior to the receipt of the Reply, the exact scope of the directions could not be set since some of
the directions were, to an extent, dependant on matters to be addressed in the Reply. However,
the Reply does not provide further clarification on areas such as limitation, concealment and
settlement agreements which would have had an impact on the case management strategy.
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As such, there has been no change to the strategy which was previously presented to the
Steering Group. We have also not received any further substantive correspondence from
Freeths on this matter.
In addition, Tony Robinson met with Paula Vennells and Alisdair Cameron on 29 September
2017 to discuss the proposed strategy; support for this was provided.
NEXT STEPS
The revised timetable until the CMC is set out at Schedule 1.
Post Office's proposed directions will be sent to Freeths shortly. The situation between now and
the CMC remains in flux since it is difficult to predict Freeths' response. We would expect during
this week Freeths to respond to Post Office's proposed directions and there to be some
negotiations.
Bond Dickinson will continue to follow the strategy as approved by the Steering Group, advance
these matters with Freeths and with Rodric Williams having day-to-day authority to manage the
detail of these dealings.
Should events depart materially from the case management strategy, then the matter will be
brought back to the Steering Group for further consideration.
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SCHEDULE 1: TIMETABLE
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Deadlines set by the Court and which are immovable are in red
Date
Action
Thursday 4 October
Steering Group meeting to update on current position.
Thursday 4 October
Finalise Post Office's proposed directions and letter to Freeths which
explain the directions.
These are to be sent to Freeths for comment following the Steering
Group meeting.
Thursday 4 October and Friday
5 October
Finalise Skeleton Argument and Witness Statement for use at the
CMC.
Thursday 5 October
Costs statements to be exchanged.
Friday 6 October 2017
Proposed deadline for Freeths to respond to Post Office's draft
directions.
Monday 9 October
Deadline for Case Summary, draft Directions and Skeleton
Arguments and Witness Statement to be filed with the Court.
wic 9 October
Possible further correspondence with Freeths on Directions.
Wednesday 11 October
CMC bundle to be filed with the Court.
Monday 16 October
Steering Group meeting to approve final CMC strategy.
Mon 16 October — Wed 18
October
Counsel under brief preparing for CMC.
Thursday 19 October
CMC (1 day).
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