POL00022609 - Email from Mark Underwood to Patrick Bourke, Rodric Williams, Jane MacLeod and others, RE Project Sparrow

Evidence on official site

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Message

From: Mark Underwood

on behalf of — Mark Underwood;

Sent: 02/10/2015 11

To: Patrick Bourke J; Rodric Williams Jane MacLeod
Amanda A Brown [f7 I

Subject: RE: Project Sparrow

Attachments: Instructions to Counsel - vfin - pb.docx; Con 24 November Complaints and Mediation Scheme.docx; loC2 - pbrw -
1620 - 091214 - fin.pdf

Rod — in case it helps with the instructions - Please find attached:

¢ Instructions to Counsel for con call on 24 Nov 2014
* Tom Weisselburg’s notes from the above call
@ Instructions to Counsel for meeting on 10 Dec 2014

Mark

Mark Underwood

From: Mark Underwood
Sent: 02 October 2015 11:19
To: Patrick Bourke; Rodric Williams; Jane MacLeod; Amanda A Brown
Subject: RE: Project Sparrow

Rod,
As per Patrick’s below note — below is a list of documents that I think set out ‘what we did’. The only document I do not
have (SS’s original terms of engagement) is highlighted in yellow — do you have a copy of that?

I have attached the others.
Let me know if you think I have missed any.

Communication to Subpostmasters regarding raising concerns with Horizon for initial Second Sight Investigation
Press Release announcing the establishment of the Scheme

Letter to Subpostmasters about the Scheme

SS terms of engagement

Scheme Application Pack

Mediation Pack

Press Release announcing the appointment of Sir Anthony Hooper

Working Group Terms of reference

Scheme Closure report

rrram™mon p>

SS revised terms of engagement

Mark

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Mark Underwood
Complaint Review and Mediation Scheme

From: Patrick Bourke

Sent: 02 October 2015 09:57

To: Rodric Williams; Jane MacLeod; Mark Underwood.
Subject: RE: Project Sparrow wo

manda A Brown

I would like to attend if that's ok and there's nothing in my diary on Thursday which can't be shifted to another slot
currently.

Rod - please do feel free to send any drafts of the instructions if.you think I might be able to help.

Mark - could you send Rod the list of documents you and Lorraine had identified as constituting those which 'set up’ the
scheme ?

Thanks very much all
Patrick

Sent from my Windows Phone

From: Rodric Williams
Sent: 02/10/2015 09:27

To: Jane MacLeod; Patrick Bourke; Mark Underwood)=IAmanda A Brown
Subject: RE: Project Sparrow ~

Great.

Jonathan Swift is available for a con on Thursday, but sitting as a judge on Friday.

I'm sure we can get instructions to him by close of play Monday, so I'll contact the clerks to start teeing it up.
From our side, who do we want to go, and what is their availability like on Thursday?

Sent from my Windows Phone

From: Jane MacLeod
Sent: 02/10/2015 09:06

To: Patrick Bourke; Rodric Williams; Mark Underwoot
Subject: FW: Project Sparrow

See below — let's get cracking!!!

Jane MacLeod
General Counsel
Ground Floor

20 Finsbury Street
LONDON

EC2Y 9AQ

Mobile numb

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From: Jane MacLeod

Sent: 02 October 2015 09:06
To: Tim Parker

Subject: RE: Project Sparrow

That's great ~ many thanks.

We'll get the wheels in motion ready for when you get back.

Enjoy your holiday.

Jane

From: Tim Parker
Sent: 02 October 2015 09:02
To: Jane MacLeod
Subject: Re: Project Sparrow

Dear Jane,

Jane MacLeod
General Counset
Ground Floor

20 Finsbury Street
LONDON

EC2Y SAQ

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It's hard to choose between the two QC's but I will go for Jonathan Swift. I am also content with the proposed scope of
the enquiry. So we can now set the wheels in motion.

Best

Tim

Tim Parker

Chairman

National Trust

Chairman
Samsonite International SA

20, Grosvenor Gardens, London SW1W ODH
GRO

GRO

a

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On 1 Oct 2015, at 17:41, Jane MacLeod wrote:

Dear Tim
Project Sparrow

At our meeting on 25 September, you asked me for recommendations as to leading barristers who
would be well placed to advise and assist in your enquiry into the Post Office’s handling of this issue,
together with suggested wording to describe the scope of your enquiry.

QCs

Attached are the CVs of two leading QCs. Both are currently available and, would in my opinion, be
suitable to advise you having regard to the nature of the issues raised by Project Sparrow, Post Office’s
position as a corporate entity in public ownership, and your responsibilities as a new director and
Chairman of Post Office Limited. So far as Iam aware, neither of these QCs have previously advised Post
Office.

Subject to your views on these candidates, I recommend that we approach your preferred candidate on
your behalf next week such that he is available to advise you on the question of scope on your return
from holidays.

Suggested Scope
The following is my suggested text to describe the scope of your enquiry:

“To review the Post Office’s handling of the complaints made by sub-postmasters regarding the alleged
flaws in its Horizon electronic point of sale and branch accounting systems, and determine whether the
processes designed and implemented by Post Office Limited to understand, investigate and resolve those
complaints (including through the Complaints and Mediation Scheme), were reasonable and
appropriate.”

In order to provide your selected adviser with sufficient background to advise on the scope, I suggest
that we provide to him a copy of the letter from Baroness Neville-Rolfe, and a selection of materials
produced by both third parties and Post Office which outline the nature of the concerns that have been
raised by interested parties including Lord Arbuthnot and the Justice for Sub-postmasters’ Alliance, as
well as details of the process that has been followed.

On your return from holiday, the QC should then be in a position to provide you with advice on the
scope of the enquiry, how this is framed, the process by which such enquiry should be conducted, and
the nature of your final report to the Minister. To this end, I note your desire that the review be
completed by Christmas.

I look forward to hearing from you which QC you would prefer to brief, and whether the draft scope of
the proposed enquiry seems appropriate at this stage. My direct line is set out below if you would like
to discuss any of this first.

Kind regards,

Jane

Jane MacLeod

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<image001.png> General Counsel
G
20 Finsbury Street
LONDON
EC2Y 9AQ

Mobite number

<Tony_Peto_QC_cv[1].pdf>
<JonathanSwiftQCcv.pdf>

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