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THE POST OFFICE GROUP LITIGATION
Claim No. HQ16X01238, HQ17X02637
= & HQ17X04248
DATED 2474 Dp, Y 2019
INTHE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
BEFORE: The Hon. Mr Justice Fraser
BETWEEN:
ALAN BATES & OTHERS
-and-
POST OFFICE LIMITED
ORDER FOR DIRECTIONS
Case Management Conference on 23 July 2019
UPON the Court ordering on 12 April 2019, by consent of the parties, that the directions at
paragraphs 3.4 to 20.2 of the Order dated 12 February 2019 (the “Seventh CMC Order”) be
stayed
AND UPON hearing Leading Counsel for the Claimants and Counsel for the Defendant at a
Case Management Conference on 23 July 2019
IT IS ORDERED that: -
Disclosure for Further Issues Trial - Stage 4 Disclosure
1. By 4pm on 30 August 2019, the parties shall disclose and make available for inspection
any hard copy and electronic documents it is agreed or ordered are to be disclosed in
accordance with the requirements of paragraph 3 of the Seventh CMC Order,
Further Issues Trial - variation
2. Part A to the Schedule to the Seventh CMC Order is varied so that Further Issue (2) is
defined as set out in the Schedule to this Order.
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3, The Further Issues Trial listed to commence on 2 March 2020 shall be for the purpose of
determining Further Issue (2) only, with a time estimate of 3 weeks, and not for the
purposes of determining Further Issue (1), which shall be determined at a later stage in
the Group Litigation.
Limited Individual Statements of Case - Further Issues Trial
4. Inrelation to each selected Lead Claimant and, in relation to Further Issue (2)(as varied
by this order) only:
4.1, By 4pm on 25 October 2019, the Lead Claimants Mrs Stubbs, Mr Abdulla, Mr
Bates and Mrs Stockdale shall file and serve Individual Particulars of Claim on
Further Issue (2), particularising the basis upon which their losses are claimed;
4.2, By 4pm on 25 November 2019, the Defendant shall file and serve individual
Defences thereto; and
4.3. By 4pm on 9 December 2019, the Lead Claimants shall file and serve any
Individual Replies.
The assumed facts
5. By 4pm on 2 December 2019, the parties shall seek to agree a document setting out the
assumed facts upon which Further Issue (2) is to be determined, as provided by
paragraph 2 of the Schedule to the Seventh CMC Order. In the event of lack of agreement
on those facts which are to be assumed by the court, further directions will be given.
Case Management Conferences and Pre-trial review
6. The Case Management Conference currently listed to take place on 18 September 2019
pursuant to paragraph 8 of the Seventh CMC Order is vacated.
7. A Case Management Conference shall take place on 7 November 2019 at 10.30am, time
estimate 1 hour, unless the parties notify the Court in accordance with paragraph 9 of
the Seventh CMC Order that it is not required.
8. A Case Management Conference shall take place on 4 December 2019 at 10.30, time
estimate 2.5 hours, for the purposes of:
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8.1. resolution of any outstanding issue as to the assumed facts upon which Further
Issue (2) is to be determined; and
8.2. any further outstanding matter relating to the trial of Further Issue (2).
8.3, _ other issues as to case management of these Proceedings.
9. A Pre-Trial Review shall take place on 23 January 2020 at 10.30am, time estimate 2.5
hours,
10. The parties shall comply with paragraphs 9 (notification if the CMC it to be vacated), 10
(Skeleton Arguments) and 11 (bundle for the CMC) of the Seventh CMC Order.
Costs Management
11. A Costs Management Conference shall be listed for 23 October 2019 at 10.30, time
estimate 2.5 hours, at which the parties’ costs budgets shall be reviewed in accordance
with the terms of the Consent Order dated 27 April 2018 (the “Costs Consent Order”).
12. Inaccordance with paragraph 11 of the Costs Consent Order:
12.1. by 4pm on 2 October 2019, the Parties shall file and exchange updated costs
budgets; and
12.2. by 4pmon 16 October 2019, the parties shall file and exchange badgetd discussion
Teports in respect of those updated budgets,
13, The updated budgets to be filed and exchanged as above shall be:
13.1. produced in the same format as costs budgets that have previously formed the
subject of Costs Management Orders in these proceedings; and
13.2, updated to include the parties’ incurred and estimated costs, as at 2 October
2019, for the Further Issues Trial, distinguishing those costs from the costs of the
Common Issues and Horizon Issues Trials and distinctly identifying the same.
14. In addition to the updated budgets, the Parties are to lodge with the court by 4.pm on 16
October 2019 (by solicitors’ letter or in summary schedule form) the following totals, for
information only (and to the nearest round £1,000).
14.1. The total amount of costs expended on the Common Issues;
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14.2. The total amount of costs expended on the Horizon Issues;
14.3. The total amount of costs expended on the Recusal Application;
14.4. The total amount of costs expended on any other aspects of the Group Litigation,
that does not fall within any of items 14.1 to 14.3 above.
Selection Criteria for Test Claimants for Further Trials
15. By 4pm on 27 November 2019, the parties shall serve and file their proposed Selection
Criteria for Test Claimants for further trials,
Lift of stay and variation of directions in Seventh CMC Order
16. The stay on directions ordered on 12 April 2019 is lifted and the requirements of
paragraphs 3.4 to 8 and 12 to 20.2 of the Seventh CMC Order are superseded by the
directions set out in this Order.
General
17. The parties have liberty to apply to vary any part of this Order.
Costs
18. The costs of attending the CMC on 23 July 2019 (including the costs of preparation of
this Order) be Common Costs in the case.
DATED this 24% day of July 2019
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THE POST OFFICE GROUP LITIGATION
Claim No. HQ16X01238, HQ17X02637
& HQ17Xx04248
IN_THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
BEFORE: The Hon. Mr Justice Fraser
BETWEEN:
ALAN BATES & OTHERS
Claimants
~and—
POST OFFICE LIMITED
SCHEDULE
To Order for Directions dated 23 July 2019
Further Issue (2): Measure of Loss
(1) In any case where a Claimant's contract's termination may be determined to
have involved a breach of duty by Post Office, what is the correct measure of
loss?
(2) Where a Claimant alleges loss caused by other breaches of duty by the Post
Office, on the assumed basis that such breach has occurred and such loss
sustained, in the case of each head of loss:
a. Is such head of loss recoverable in principle?
b. If so, what is the correct measure of loss?