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Message
From: Andrew Parsons [/O=EXCHANGE-ORG/OU=EXCHANGE ADMINISTRATIVE GROUP
(FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=AD9ED344815E47E4AAA3COE7E17409 19-ANDREW PARS]
Sent: 29/03/2019 15:19:04 .
To: Jane MacLeod [jane.macleodi_... Rodric Williams [rodric.williams.
cc: Amy Prime [/o=Exchange-Org/o ‘change Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=ab7222dda3a9453eaed5751238a59562-Amy Prime]; Tom Beezer
[/o=Exchange-Org/ou=Exchange Administrative Group
(FYDIBOHF 23SPDLT)/cn=Recipients/cn=179d9f227294473d81b50e72aacb0623-Tom Beezer]
Subject: RE: Appeal strategy [WBDUK-AC.FID26896945]
Attachments: _DOC_154982194(1)_Recusal and Appeal Roadmap.DOCX
Jane
Please find attached the finalised flow diagram. The only material change from Counsel was to slightly increase the time
for the legal appeal. Their current thinking is that the full legal appeal could take 4-5 days (which for appeal is a long
hearing) and therefore finding Court availability within the next 6 months will be challenging. DCQC is drafting into the
Grounds of Appeal, a request for expedition to try to accelerate the timetable as much as possible.
if you wish to share the attached with UKGI, please can you put something in the covering email to make clear that the
document is confidential and subject to litigation privilege.
Kind regards
Andy
Andrew Parsons
Partner
Womble Bond Dickinson (UK) LLP
~ GRO I
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From: Andrew Parsons
Sent: 27 March 2019 19:54 _
To: Jane MacLeod <jane.macleod!, ‘odric Williams <rodric.williams____
Subject: RE: Appeal strategy [WBDUK-AC.FID26896945]
dane
Answers below.
The clerks are still chasing the C of A re timings for the flow chart.
A
From: Jane MacLeod [mailto:jane.macie
Sent: 27 March 2019 13:21
POL-0019780
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POL00023301
To: Andrew Parsons; Rodric Williams
Subject: RE: Appeal strategy [WBDUK-AC.FID26896945]
Thanks Andy
This is very helpful. A couple of questions arising from this:
e — In what circumstances could/would HHJF request the recusal application to be heard by a different judge? Only
if he was incapable of hearing the application and given today's exchanges in Court he is definitely going to hear
it hirnself.
o if that happened what would be the implications? Substantial delay to the application whilst a new Judge
reads in
© fassume that a reserved judgment is more likely if HHJF were to reject the recusal application (reasoning
would be required for an appeal)? That's our thinking but Fraser is unpredictable.
e in what circumstances can Claimants appeal. The Cs can appeal if the Judge recuses himself — they will
essentially be applying for him to be reinstated. They may weil want to do this because (i) Fraser favours them
and (ii) it will be cheaper then starting again with a new judge.
@ What happens to the Horizon trial?
© New judge - Rehear or continue current trial? To what extent is this affected by any delay?
o Do we have an argument that the witness evidence at the HIT should not have been allowed based on
original directions of HHJF that it was to be expert only? Does this go to the ‘procedural unfairness
points?’
There are lots of permutations here:
e if Fraser does not recuse and does not stay the HIT pending appeal, he will continue to hear the
evidence unless the Court of Appeal (i) orders an immediate stay or (ii) recuses him. If the HIT is
stay, it will just be paused until the outcome of the recusal appeal is known.
* Assuming that Fraser is recused:
© The simplest option is that a new Judge re-starts the trial with the same witnesses and
evidence.
©. There is an idea in the legal team that the new Judge could read the evidence so far
given and pick-up from where Fraser left it. This would be quite unusual but would save
costs.
© The new Judge may want to reconsider the entire case management structure and then
scrap the Horizon Issues trial altogether. I can see a Judge seriously considering that
option should he fear that the Horizon trial, or more importantly the run up to it, was.
already tainted by Fraser.
@ {mpact on trials 3 and 4 ~ particularly as regards orders given to date re trial timetable etc?
e Trials 3 and 4 would be subject to revision. Although no firm decisions have been made yet, I
suspect that we would look to scrap trials 3 and 4, and replace them with one big test cases trial,
as we have advocated from the start.
e Costs implications —- who decides these if HHJF is recused (either by himself or following appeal}?
@ On the initial application, the costs are like any other application. Fraser will decide these. if he
refuses to recuse, the natural order will be for PO to pay the Cs costs, summary assessed and
payable in 21 days. My best guess at those costs - £150k + VAT.
e On appeal, same concept as above, but decided by the C of A.
{hope these make sense, although I appreciate they don’t necessarily fit the flow chart!
Kind regards,
Jane
Jane MacLeod
POL-0019780
Group Director of Legal, Risk & Governance
Ground Floor
20 Finsbury Street
LONDON
EC2Y 9AQ
Mobile number:
From: Andrew Parsons [mailto:andrew.parson:
Sent: 27 March 2019 10:05
To: Jane MacLeod <jane.macieo I>; Rodric Williams <rodric.williams,
Subject: RE: Appeal strategy [WBDUK-AC.FID26896945]
Anhnh... hit send to quick. I meant to say...
Not forgotten about this ~ just waiting for Counsei comments.
A first draft is attached — is this the type of thing you had in mind?
A
Andrew Parsons
Partner
Womble Bond Dickinson (UK) LLP
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From: Andrew Parsons
Sent: 27 March 2019 10:03
To: ‘Jane MacLeod’; 'Rodric Williams’
Subject: RE: Appeal strategy
Jane
Not forgotten about this ~ just waiting for Counsel comments.
A
From: Andrew Parsons
Sent: 25 March 2019 16:18
To: ‘Jane MacLeod’; Rodric Williams
Subject: RE: Appeal strategy
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Jane — I'll put something together.
A
From: Jane MacLeod [mailto:jane.macieod GRO
Sent: 25 March 2019 14:45
To: Rodric Williams; Andrew Parsons
Subject: FW: Appeal strategy
Both
Please see request below — could we please prepare a shortish timetable that sets out the dates, issues, and inter.
dependencies?
Jane MacLeod
Group Director of Lega’, Risk & Governance
Ground Floor
20 Finsbury Street
LONDON
EC2Y 9AQ
Mobile number
From: Watson, Richard - UKGI [ms
Sent: 25 March 2019 09:08 . .
To: Jane MacLeod <jane.macieod >
Cc: Cooper, Tom - UKGI <Tom.Coope:
Subject: Appeal strategy
Jane
It would be helpful to understand the timetable for appealing and what impact the recusal application might
have on that. I think you indicated that the Judge was willing to be flexible on the time limits for seeking
permission to appeal and presumably POL are developing their strategy for an appeal.
Kind regards
Richard
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