POL00006599 - Post Office Group Action- Bond Dickinson Workplan
Evidence on official site
POLO00006599
POL00006599
Confidential and subject to litigation privilege
Bord Dideingow
POST OFFICE GROUP ACTION - BOND DICKINSON WORKPLAN
41. TIMINGS
Date Event
28 April 2016 Letter of Claim received
29 April 2016 Acknowledgment sent by POL
6 May 2016 Holding response sent by BD
May / June 2016 BD to complete Letter of Response Actions as per below
9 June 2016 Strategy Conference with Counsel
14 June 2016 Draw up list of missing info for Letter of Response based on Counsel's strategy
14-28 June 2016 I Draft Letter of Response
28 June 2016 Preliminary Report from Deloitte expected (received 8 July 2016)
28 June 2016 First draft of Letter of Response to be submitted to POL legal for comment
30 June 2016 Draft letter returned to BD with POL legal comments
1-14 July 2016 Revise / finalise Letter of Response
6 or 7 July Possible further conference with Counsel regarding Letter of Response (no longer needed)
14 July 2016 Steering Group meeting to decide key tactical points in LOR
15 July 2016 Final letter submitted to Steering Group for approval
20 July 2016 Steering Group meeting to approve Letter of Response
25 July 2016 BAQC to identify any major difficulties arising from his review before LOR is submitted (full report due early in August)
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8 July 2016
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28 July 2016
Letter of Response deadline
11 August 2016
Deadline for service of Claim Form
2. ACTION UNDERTAKEN SINCE LAST STEERING GROUP MEETING
a)
b)
c)
qd)
e)
f)
9)
h)
Draft GLO received from Freeths and further correspondence with Freeths about (i) certain specific postmasters and (ii) the scope of the
Group Action.
Draft LOR produced by BD and submitted to POL legal (Rodric) and Counsel for first review
Key decision points identified with Counsel for Steering Group approval
Junior Counsel engaged to research key legal points to be addressed in LOR.
Deloitte delivered Preliminary Report into certain technical areas of Horizon (remote access, etc.)
Brian Altman QC review of 9 prosecution cases (to validate that there was sufficient evidence to support charges) is underway — full report due
in early August.
Further work conducted on document retention at Post Office to address perseveration duties and disclosure requests.
Started collation of documents to be disclosed with LOR.
3. LETTER OF RESPONSE ACTIONS
Section
Comment BD Action / Deadline
POL Action / Deadline
LOC General
The letter is long and raises lots of issues —
many of which are not covered in the
schedule of questions at the end of the LOC.
BD to prepare para by para analysis of
information needed / response required to
form basis of letter of response.
COMPLETED
None at present
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LOC A:
Background
section setting out
history of Horizon
On one level this section is irrelevant as it
does not go to the substance of any claim.
However it should be addressed as it is a
twisted version of history that (i) taints any
BD to set out corrected version of history.
We largely have this knowledge already so
little further investigation will be required.
COMPLETED
None at present
investigations other response by POL and (ii) sets a canvas
against which Post Office is then accused of
fraud and / or ignorance of issues with
Horizon.
LOC B: Legal This section looks to imply new duties on Instruct Counsel to advise on analysis of None at present
relationship POL. The aim is to reverse the burden on legal duties.
between POL and
SPMRs.
SPMRs to investigate their own losses
(presumably because Freeths know that the
SPMRs cannot show any problem with
Horizon on their own).
Conference with Counsel on 9 June 2016.
Speak to Paul Inwood about historic contract
variations — 10 June 2016
COMPLETED
LOC C: Description
of problems with
Horizon and POL,
The problems raised are almost exclusively a
recitation of the Second Sight Part Two
Report.
BD to cross check LOC against POL
Response to P2 Report to ensure that all
points are covered.
None at present
nonin Any new points to be identified and
° investigated with the help of Kath and
Shirley.
COMPLETED
LOC D: Freeths make a small number of statements BD to review FJ contract to address None at present
Relationship about how the POL / FJ relationship works. questions; if further info is needed, questions
between POL and
Fujitsu
Further recitation of points raised in SS P2
Report specifically in relation to FJ and
Helplines.
to be addressed to POL IT team.
Remaining answers should be covered by
POL Response to P2 Report.
BD to liaising with CMS to gain deeper
insight into FJ contract
ONGOING
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LOC E: Post Office
This section appears to be an attempt to pre-
No further factual information required.
None at present
concealed empt POL's limitation defence by saying that I Response to call out issues with limitation
problems with POL concealed the cause of action which is and push Freeths to particularise
Horizon one of the grounds on which limitation can be I "concealment" on case by case basis
extended, Counsel to provide insight on how to address
limitation issues.
Conference with Counsel on 9 June 2016
COMPLETED
LOC F: List of Although this section raises several causes The lack of factual particulars means little None at present
specific causes of
action alleged
against POL
of action, it provides little particulars to
support each claim. An initial review
indicates that Freeths have provided
insufficient information to justify many of the
heads of claim.
investigation will be required.
BD to review each claim and identify missing
particulars / legal flaws in claims.
COMPLETED
LOC G: Loss and
damage suffered
by SPMRs
Broad heads of claims set out but no details
or figures included
BD to highlight all known legal and causation
issues with losses raised.
COMPLETED
None at present
LOC H: Invitation
to mediation
BD to research cases where mediation has
been reasonably refused.
Tactical decision to be taken on how to
respond to invitation.
COMPLETED
Approach to mediation to be discussed
at Steering Group meeting on 14 July
2016.
LOC I: Disclosure
requests
Initial review indicates that the disclosure
requests are disproportionately wide.
Complying with the request would be
disproportionately expensive.
BD to investigate sources of documents to be
preserved / disclosed before BD and POL
taking tactical decision on how to respond to
requests (against background of advice on
possible costs consequences for not acting
reasonably).
ONGOING
Various people at Post Office involved —
activity being co-ordinated by Tom
Porter
LOC J: Request for
Same request as before
No factual information needed.
None at present
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assurance that
POL will not
victimise SPMRs
BD and POL to discuss tactical approach to
responding.
Conference with Counsel on 9 June 2016
COMPLETED
LOC K: Official
Secrets Act
It is unclear why Freeths are so nervous
about the OSA section in the SPMR contract
BD to speak to Paul Inwood.
BD to research OSA requirements.
Paul Loraine
COMPLETED
To be discussed at Steering Group
meeting on 20 July 2016
LOC L: Request for
POL consent to
GLO
Initial view is that POL should oppose
formation of GLO due to lack of commonality
of issues.
Draft GLO received on 17 June. Advice to be
sought from Counsel.
ONGOING
Further conference with Counsel and
POL may be required to make decisions
on this point
LOC M: Procedure
for litigation
The idea of holding preliminary issues is
sound.
Ongoing correspondence with Freeths
ONGOING
None at present
LOC N: Timing of
response
Holding response to be sent stating that POL
will require more time to respond.
COMPLETED
None at present
3. OTHER MAJOR ACTIONS
1. Litigation
Consequences
Doc
Document setting out the potential legal
and factual ramifications of if the litigation
goes against POL.
Drafting a table setting out this information for
review/consideration.
28 July 2016
None at present
2. Jonathan Swift
QC work streams
Tony Robinson QC to advise on the
various work streams arising from the
report and the extent to which they
overlap
Advice given at conference with Counsel on
9 June 2016. No further action required.
POL to resolve how to communicate
decision to BIS.
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3. Brian Altman QC
work streams
Tony Robinson QC to comment on the
adequacy of the investigations/reviews
Advice given at conference with Counsel on
9 June 2016. BAQC now instructed to
proceed. BD to monitor progress.
None at present
4. Deloitte enquiries
Tony Robinson QC to review and
comment on the sufficiency/utility of the
work being done to investigate the core
Horizon points
Advice given at conference with Counsel on
9 June 2016. Deloitte instructed to undertake
forensic review.
None at present
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