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Message
From: David Oliver
Sent:
To:
[/O=LAW/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=Jswil];
; Belinda Crowe Amanda A
cc: DMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=Cband];
Rodric Williams
Subject: RE: Draft report
Jonathan,
I discussed with Chris a call tomorrow would be very helpful. Amanda — are you able to sort a time?
Chris suggested he would not go to all of the mediation sessions so that would create some flexibility.
Thanks
David
David Oliver
Programme Manager
I Complaint and Mediation Scheme
From: Swil, Jonathan [mailto
Sent: 24 March 2014 12:23 *
To: Chris Aujard; Belinda Crowe
Cc: Band, Christa; Rodric Williams; David Oliver1
Subject: RE: Draft report
Chris, Belinda
In preparation for Christa’s presentation to the Board on Wednesday, we were wondering if you would like to set up a call
to discuss how you would like Christa to approach the meeting and what she can expect on the day.
Kind regards
Jonathan
From: Swil, Jonathan
Sent: 20 March 2014 15:17
To: ‘Belinda Crowe’
Cc: David Oliver1 SRO, P
Rodric Williams + i9)
Subject: RE: Draft report
Band, Christa; Chris Aujar
Belinda
Please see attached a final clean copy amended as requested.
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Kind regards
Jonathan
From: Belinda Crowe [mail
Sent: 20 March 2014 15:04
To: Swil, Jonathan; Rodric Williams
Cc: David Oliver1; Chris Aujard; Band, Christa; Belinda Crowe
Subject: RE: Draft report
Thanks Jonathan, having discussed with Rod, could I suggest, for clarity, one change to the end of para 5.47 as below:
We include this point not because it impacts on the legal liability to repay losses per se but because such a practice
would narrow very considerably, or remove completely, the scope for arg Jas teahals SPMR gligent,
n i intelationto-any4 hown-to-exist a SPMR to argue that a particular loss was caused by
something other than his own negligence, carelessness or error, and therefore not recoverable from him.
Also could I ask you to remove the track change to the footer and insert ‘Subject to Legal Professional Privilege’ on the
cover and send me a final clean copy which I can submit to the Board.
Thanks
Belinda
Belinda Crowe
148 Old Street, LONDON, EC1V 9HQ
From: Swil, Jonathan [mai
Sent: 20 March 2014 14:19
To: Rodric Williams
Cc: Belinda Crowe; David Oliver1; Chris Aujard; Band, Christa
Subject: RE: Draft report
All
I attach the report and a mark-up showing the comments from Chris and Belinda, and further comments from Rodric
discussed with me over the phone. We will send this version to Richard Morgan for his comment by Monday, on the
assumption it is the version that will now be sent to the Board.
Kind regards
Jonathan
From: Rodric Williams [mail
Sent: 20 March 2014 12:17
To: Swil, Jonathan; Chris Aujard; Belinda Crowe
Cc: David Oliver1; Band, Christa
Subject: RE: Draft report
Hi — could you hold on for another 30 mins while I finish my review (nothing material to add thus far!).
Thanks, Rodric
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Rodric Williams I Litigation Lawyer
©BO©OOO®
From: Swil, Jonathan [mailtc
Sent: 20 March 2014 12:12
To: Chris Aujard; Belinda Crowe
Cc: David Oliver1; Band, Christa; Rodric Williams
Subject: RE: Draft report
Thanks Chris.
Are there any other comments? Otherwise, I will make that change and send through a final version.
Kind regards
Jonathan
From: Chris Aujard [mailto:
Sent: 20 March 2014 11:
To: Swil, Jonathan; Belinda Crowe
Cc: David Oliver1; Band, Christa; Rodric Williams
Subject: RE: Draft report
Thanks Jonathan — I have had a quick read, and my sense is that this is much more in line with what the Board are
expecting to see. I have no substantive comments, other than to suggest that it may be better to position paragraph 4
(Exec Summary) right at the very front of the report, as a paragraph 1. Others may have additional comments, but I will
leave it to them to get back to you directly. Thanks Chris
From: Swil, Jonathan [mailt
Sent: 20 March 2014 11:06
To: Chris Aujard; Belinda Crowe
Cc: David Oliver1; Band, Christa
Subject: RE: Draft report
Importance: High
Chris, Belinda
I attach a final version of the report and a mark-up showing the changes we have made to address your comments
below.
Given the time available we have not had a chance to run the report by Richard Morgan. We will do so now and should
have any comments back from him before the Board meeting.
Kind regards
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Jonathan
From: Belinda Crowe [mailt¢ _GRO I
Sent: 20 March 2014 09:40
To: Swil, Jonathan
Cc: Band, Christa; David Oliver1; Belinda Crowe; Chris Aujard
Subject: RE: Draft report
Jonathan
Further to our conversation, in addition we may have a few more minor points but I have a couple:
1. 1In5.33 you refer to SS’s working relationship with JFSA and Post Office. I do not think it is that SS have a good
working relationship with JFSA and not the Post Office, I think it is more the slant of their report in terms of
acknowledging the input from JFSA rather than Post Office. The wording of the Interim report suggests that
their work was aimed at addressing issues raised through JFSA rather than the fundamental question about
Horizon. Or put another way, JFSA fed in accusations and concerns about which SS then challenged Post
Office. I agree the conclusion about the idiosyncratic nature of the SS approach.
2. 1n511, could you refer to 150 applications that have been made to the Scheme. The reason for this is that the
137 represents a figure, which changes often, is the number of cases left in the Scheme and may not be a figure
that the Board recognises.
Best wishes
Belinda
Belinda Crowe
148 Old Street, LONDON, EC1V 9HQ
GRO I
From: Chris Aujard
Sent: 20 March 2014 00:19
To: Swil, Jonathan
Cc: Band, Christa; David Oliver1; Belinda Crowe
Subject: RE: Draft report
Hi Jonathan — my detailed comments are set out in the attached. Two big points, though:
1) The intro section needs to be re-worked a bit to make it clear that this report focuses mainly on the legal liability
point, and that you will be working with us in relation to alternative structures (and may be not even producing
a report). The reason for this is that some board members think that the task of coming up with alternatives to
the scheme should be an internally driven bit of work, not something that is outsourced to a law firm.
2) The executive summary is still pretty long, and doesn’t hit the reader between the eyes with what I understand
to be your main conclusion — namely: Unless there is something wrong with the system, we are entitled to rely
on the accounts produced by Horizon as the basis of claiming sums of money from SPMRs. Further that there
can be no question of a claim for consequential losses based simply on the recovery by the Post Office of losses
if the losses were properly payable and the Post Office was entitled to the money.
These 2 statements together are quite powerful, and need to be brought our clearly, and it also needs to be said
that in consequence the amounts that could be successfully claimed in court are a fraction of the aggregate
amounts (c£100m) that has been claimed under the scheme.
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I would be most grateful if you could turn this round asap in the morning.
Cheers
Chirs
From: Swil, Jonathan [mailt¢
Sent: 19 March 2014 21:58
To: Chris Aujard
Cc: Band, Christa; David Oliver1; Belinda Crowe
Subject: Draft report
Importance: High
Chris
As discussed, I attach our draft report on the legal issues.
There is a factual question that we would like you to confirm in paragraph 5.22 (and a related question in 5.37), but
otherwise please provide any comments you may have in the time available and we will send through a finalised version
as soon as possible in the morning.
In the interests of time, I have left in the outline of “Part B” of the report in this document so that, as requested, you can
see where that part is headed. I will remove it (i.e. everything from section 6 onwards) in the final version for the Board
we send through tomorrow.
Kind regards
Jonathan Swil
Managing Associate (Solicitor, New South Wales)
Linklaters LLP, London
jonathan.swif”
http://www. link!
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