POL00006764 - Meeting Minutes of the Postmaster Litigation Subcommittee of POL

Evidence on official site

POL00006764
POL00006764
@ I

Post Office Limited
Postmaster Litigation Subcommittee

MINUTES OF A MEETING OF THE POSTMASTER LITGATION SUBCOMMITEE OF
POST OFFICE LIMITED (THE “COMPANY” OR “POL”) ON MONDAY 26 MARCH
2018 AT 5.00 PM AT 20 FINSBURY SREET, LONDON EC2Y 9AQ

Present: Tim Parker Chairman (TP)
Ken McCall Senior Independent Director (KM)
Paula Vennells Group Chief Executive (CEO)
Alisdair Cameron Chief Financial and Operations Officer (CFOO)
In Attendance: Jane MacLeod General Counsel & Company Secretary (JM) I
Tom Cooper UKGI (TC)
Veronica Branton Minute Secretary (VB)
Andy Parsons Partner, Womble Bond Dickinson (AP)
Angela Van-Den- Network Change Operations Manager (A VDB)
Bogerd
Rod Williams Head of Legal: DR & Brands (RW)
Mark Underwood Head of Portfolio: Legal, Risk & Governance (MU)
Apologies: None ACTION I

These minutes contain legally privileged information which was
discussed with both internal and external counsel in
attendance.

1. Terms of Reference (ToRs)

It was noted that at the meeting of the Post Office Limited Board on 29
January 2018, the Board established a committee to receive advice
relating to the Postmaster Litigation. The Company Secretary tabled
draft terms of reference for the Committee which were noted and
approved for recommendation to the Board at the next Board meeting I
on 27 March 2018. It was explained that day-to-day decisions on the
litigation were taken by the executive but that the Board was consulted
in advance of any significant decisions being taken.

2. Litigation timetable and suggested dates for future meetings

The litigation timetable and suggested dates for future meetings were
noted. It was

reported that the Common Issues Trial would be in November 2018 and
the Horizon

Trial would be in March 2019. The timing for the Committee meetings
had been

scheduled around the key dates in the litigation, as well as also being
as close

to Board meetings as possible.

3. Update on developments since January board meeting:

3.1 Scope of disclosure

Post Office Limited is registered in England and Wales. Registered No. 2154540
Registered Office Finsbury Dials, 20 Finsbury Street, (SlticlhpGonfidential PostOffice.co.uk
1

Post Office and the Post Office logo are registered trade marks of Post Office Limited
3.2

3.3

3.4

POL00006764
POL00006764

Post Office Limited
Postmaster Litigation Subcommittee

Mr Parsons noted that to date the Court supported a narrower approach
to the disclosure of documents, however this still amounted to hundreds
of thousands of documents being identified for disclosure, and provision
of these documents to the solicitors for the applicants was underway to
support the first hearing in November regarding the proper construction
of the contracts between Post Office and the applicant postmasters.

Scope of Horizon hearing

It was noted that the Horizon hearing (to be held in March 2019) was
limited to technical questions about how the system operated in
branch.

Appointment of IT expert

The appointment of IT experts by both sides to support the Horizon trial
was noted. The quality of the opinion provided by the expert would be
critical. The Committee noted that Dr Robert Worden had been
appointed by Post Office Limited and a summary of his previous
experience as an expert witness was discussed.

Application for security for costs

The proposed application for security for costs was noted. Mr Parsons
advised that an application for security for costs was not unusual and
that based on the ongoing discussions, he believed that a consensual
agreement could be reached without the requirement for a court order.

Protocol for engagement with UKGI

The request from UKGI for regular briefings on the progress and status
of the litigation was discussed and it was noted that UKGI and Post
Office were discussing a draft protocol to enable such information to be
shared. The Committee noted that such briefings could involve legally
privileged information and that it was important for such privilege to be
maintained.

Contingency planning

The Committee requested work to be undertaken on contingency plans
should the outcome of either or both of the two trials be adverse to Post
Office Limited.

It was reported that A VDB was leading on this work and that the
Committee would receive regular updates.

CCRC

Strictly Confidential

POL00006764
POL00006764

Post Office Limited
Postmaster Litigation Subcommittee

It was noted that 33 former Postmasters had applied to the Criminal
Cases Review Commission (‘CCRC’) to review the terms of their
convictions. Mr Williams noted that Post Office was cooperating fully
with the CCRC and we believed that they were nearing the end of their
investigations. Nevertheless, Post Office considered it unlikely that a
decision would be made public before the conclusion of the Horizon trial.
The Committee noted that the outcome of the CCRC work could be that
cases were referred to the Court of Appeal.

7. AOB

Next meeting.

It was noted that at the next meeting on 15 May 2018, Post Office’s I
appointed QCs would attend to discuss the progress of the case.

Strictly Confidential