POL00023523
POL00023523
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From: Andrew Parsons!
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Watts, Alan £7
Emanuel, Catherine
Subject: consequential points [WBDUK-AC.FID26896945]
Attachments: Horizon Issues Judgment: Appeal and Costs [WBDUK-AC.FID124042615]
Ben
One of the topics for the SubCo tomorrow is the consequential matters following the HIT judgment. Rod asked that I send
through some brief talking points (based on our advice sent to you earlier today). I'm happy to speak to this or you may
want to do this.
1. Appeal — the advice from Counsel is not to appeal.
a. This is because PO will not get permission from Fraser or Coulson given our experience in previous
appeals.
b. That said, if we could get in front of another Judge, then Post Office has a reasonable prospect of
successfully appealing the finding that Horizon was not robust on the grounds that the Judge has gone
against the expert evidence. But this is a moot point if we cannot get permission.
2. Costs — the advice is to agree to pay the Cs costs (c.3.4m) because:
a. this is the most likely outcome the Judge will order; and
b. any contested hearing will likely be heard in January, thereby creating another opportunity for adverse
publicity around Horizon.
We need Post Office's instructions on both these points before the handing down hearing on 16 December.
Kind regards
Andy
Andrew Parsons
Partner
Wombie Bond Dickinson (UK) LLP
> WOMBLE womblebonddickinson.com
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