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www.bonddickinson.com
21 June 2016 Bond Dickinson LLP
‘Oceana House
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andrew.parst
Direct:
Our ref:
GRM1/AP6/364065.1369
Your
Dear Sirs
Bates & others v Post Office Limited
Claim No. HQ16X01238
We refer to the above proceedings and write to confirm the advice given by Tony Robinson QC at a
conference held on 9 June 2016.
In late 2015, Mr Tim Parker, Post Office's Chairman, began a review to consider whether any further
action could reasonably be taken by Post Office to address the claims raised by postmasters in relation
to the Horizon system. Mr Jonathan Swift QC was engaged by Post Office to inform the Chairman on
this review. His mandate was to conduct an independent assessment of the work which had been done
already by Post Office and provide advice as to whether there were any further steps that might
reasonably be taken by Post Office.
In February 2016, Mr Swift provided his advice and made eight recommendations for further work that
could be undertaken. We understand that Post Office is considering those recommendations: some
have been implemented already; others are underway but not yet complete.
In April 2016, the above Claim was issued against Post Office by 91 postmasters (the Group Action).
The subject matter of the Group Action overlaps with the scope of Mr Parker's review and the subject
matter of the recommendations made by Mr Swift.
In May 2016, Post Office instructed Mr Tony Robinson QC to advise it on the Group Action. As part of
his instructions, Mr Robinson reviewed the advice and recommendations put forward by Mr Swift. Ata
conference attended by Post Office's legal team and others on 9 June 2016, Mr Robinson was asked to
advise on, amongst other matters, whether Mr Parker should continue his review and / or implement Mr
Swift's recommendations.
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Mr Robinson's "very strong advice" was that Mr Parker's review should cease immediately. Given the
overlap of issues between Mr Parker's review and the Group Action, Mr Robinson advised that it would
still be prudent for Post Office to implement the 4", 5", 6" and 8" recommendations of Mr Swift to the
extent that these were required to advance Post Office's case in the Group Action and as appropriately
adapted to meet the needs of the litigation. This work should however be instructed and overseen
exclusively by Post Office's legal team (or by others instructed by Post Office's legal team) so to
maximise the prospect of asserting privilege over this work and protect against the risk that material
related to these actions could be disclosed to the Claimants in the Group Action, undermining Post
Office's prospects of success and/or negotiating position.
Yours faithfully
bs DULL of
Bond Dickinson LLP
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