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Message
From: Jane Macleod!
Sent:
To: Mark R Davies Mark Underwood1
gela Van-Den-Bos
Patrick Bourke {
cc: Andrew Parsons! “Thomas P Moran
Rodric Williams I
Subject: URGENT - Postmaster litigation -strategic options for CMC. CONFIDENTIAL AND SUBJECT TO LEGAL PRIVILEGE - DO
NOT FORWARD.
Attachments: Board briefing re Postmaster Litigation CMC Options (26-9-2017) v3.docx
All
Following the Steering Group last Monday, we briefed Paula, Al and Kevin on the legal advice for the proposed strategy
for the CMC and in particular the advice that we should proactively address the contractual issues. As a result of that
briefing, and to support that advice, Tom M and I were asked to:
e develop options that we could consider to address the risks should the postmasters be successful in arguing
that some or all of the additional duties should be implied into the contract, and
e brief the Board on the legal risks at the Board meeting on Tuesday.
Andy, Tom and I have developed the attached ‘report’ which I would like to take back to Paula, Al and Kevin by the end
of the week to update the advice received. Subject to that discussion, we will then use this as the basis for the legal
briefing to the board on Tuesday. The attached is in 3 parts:
a. ashort(ish) summary of the options
b. the tactical options for the CMC (Appendix 1) which summarise the options we discussed in the Steering
Group last week; and
c. asummary in Appendix 2 of the duties which Freeths seeks to imply, together with possible
responses. Many of these suggested responses are unpalatable and would pose challenges from a cost
and operational perspective, however we wanted to develop a reasonably comprehensive list that we
can then work through over the next 6-12 months so as to be ready with options should we have an
adverse findings (and we will commit to bring these ‘plans’ back to the Board ahead of the substantive
hearing on these issues). In essence these are to address the ‘existential’ risks which Al is concerned
about.
Would you please read through the attached paper — and particularly Appendix 2, and let me have any thoughts on
whether there are any other options we should include — even if they are unattractive — on any measure!!!
As the attached document- and this email — are privileged, please do not forward. If you would like it sent to any
delegate, please ask Rod or me to do so.
Many thanks
Jane
Jane MacLeod
Group Director of Legal, Risk & Governance
Ground Floor
20 Finsbury Street
LONDON
EC2Y 9AQ
Mobile number:!
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