POL00025515 - Womble Bond Dickinson Postmaster Litigation Steering Group Action Work Plan

Evidence on official site

Confidential and legally privileged

1. TIMINGS

WORKPLAN - ACTIONS AND TIMINGS

Cond Dickingor.

POL00025515
POL00025515

May 2016 BD to complete Letter of Response Actions as per below
7 June 2016 First Steering Group meeting
9 June 2016 Strategy Conference with Counsel

14 June 2016

Draw up list of missing info for Letter of Response based on Counsel's strategy

28 June 2016

First draft of Letter of Response to be submitted to Rodric Williams

30 June 2016

Draft letter returned to BD with RW comments

1-14 July 2016

Work on Letter of Response

15 July 2016 Final letter submitted to Steering Group for approval
20 July 2016 Steering Group meeting to approve Letter of Response
28 July 2016 Letter of Response deadline

11 August 2016

Deadline for service of Claim Form

4A_33081113_1
Confidential and legally privileged

2. LETTER OF RESPONSE ACTIONS

POL00025515
POL00025515

Section Comment BD Action / Deadline POL Action / Deadline
LOC General The letter is long and raises lots of issues — BD to prepare para by para analysis of None at present
many of which are not covered in the information needed / response required to
schedule of questions at the end of the LOC. form basis of letter of response.
14 June 2016
Paul Loraine
LOC A: On one level this section is irrelevant as it BD to set out corrected version of history. None at present
Background does not go to the substance of any claim. We largely have this knowledge already so

section setting out
history of Horizon

However it should be addressed as itis a
twisted version of history that (i) taints any

little further investigation will be required.
28 June 2016

investigations other response by POL and (ii) sets a canvas

against which Post Office is then accused of I Andy Parsons

fraud and / or ignorance of issues with

Horizon.
LOC B: Legal This section looks to imply new duties on Instruct Counsel to advise on analysis of Paul Loraine to speak to Paul Inwood.
relationship POL. The aim is to reverse the burden on legal duties.

between POL and
SPMRs.

SPMRs to investigate their own losses
(presumably because Freeths know that the
SPMRs cannot show any problem with
Horizon on their own).

Conference with Counsel on 9 June 2016.

Speak to Paul Inwood about historic contract
variations — 10 June 2016

Paul Loraine

LOC C: Description
of problems with
Horizon and POL.
operating
practices.

The problems raised are almost exclusively a
recitation of the Second Sight Part Two
Report.

BD to cross check LOC against POL
Response to P2 Report to ensure that all
points are covered

Any new points to be identified and
investigated with the help of Kath and
Shirley.

None at present

4A_33081113_1
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POL00025515
POL00025515

8 June 2016
Paul Loraine

LOC D:
Relationship
between POL and
Fujitsu

Freeths make a small number of statements
about how the POL / FJ relationship works.

Further recitation of points raised in SS P2
Report specifically in relation to FJ and
Helplines.

BD to review FJ contract to address
questions; if further info is needed, questions
to be addressed to POL IT team.

Remaining answers should be covered by
POL Response to P2 Report.

13 June 2016
Tom Porter

Rodric to provide the Fujitsu contract

Approach to FJ issues to be discussed
with Steering Group — 7 June 2016

LOC E: Post Office

This section appears to be an attempt to pre-

No further factual information required.

None at present

concealed empt POL's limitation defence by saying that I Response to:call out issues with limitation
problems with POL concealed the cause of action which is. and push Freeths to particularise
Horizon one of the grounds on which limitation can be I “concealment” on case by case basis
extended. Counsel to provide insight on how to address
limitation issues.
Conference with Counsel on 9 June 2016
LOC F: List of Although this section raises several causes The lack of factual particulars means little None at present

specific causes of
action alleged
against POL

of action, it provides little particulars to
support each claim. An initial review
indicates that Freeths have provided
insufficient information to justify many of the
heads of claim.

investigation will be required.

BD to review each claim and identify missing
particulars / legal flaws in claims.

DONE
Tom Porter

LOC G: Loss and
damage suffered
by SPMRs.

Broad heads of claims set out but no details
or figures included

BD to highlight all known legal and causation
issues with losses raised.

DONE
Paul Loraine

None at present

LOC H: Invitation
to mediation

BD to research cases where mediation has
been reasonably refused.

Approach to mediation to be discussed
with Steering Group once final LoR

4A_33081113_1
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POL00025515
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Tactical decision to be taken on how to
respond to invitation.

DONE
Paul Loraine

produced

Steering Group meeting on 20 July
2016.

LOC I: Disclosure
requests

Initial review indicates that the disclosure
requests are disproportionately wide.
Complying with the request would be
disproportionately expensive.

BD to investigate sources of documents to be
preserved / disclosed before BD and POL
taking tactical decision on how to respond to
requests (against background of advice on
possible costs consequences for not acting
reasonably).

13 June 2016
Tom Porter

Various people at Post Office involved —
activity being co-ordinated by Tom
Porter

LOC J: Request for
assurance that
POL will not
victimise SPMRs

Same request as before

No factual information needed.

BD and POL to discuss tactical approach to
responding.

Conference with Counsel on 9 June 2016

To be discussed at Steering Group
meeting on 22 June 2016

LOC K: Official
Secrets Act

It is unclear why Freeths are so nervous
about the OSA section in the SPMR contract

BD to speak to Paul Inwood.

BD to research OSA requirements.
DONE

Paul Loraine

To be discussed at Steering Group
meeting on 22 June 2016

LOC L: Request for
POL consent to
GLO

Initial view is that POL should oppose
formation of GLO due to lack of commonality
of issues.

Advice to be sought from Counsel
Conference with Counsel on 9 June 2016

None at present

LOC M: Procedure
for litigation

The idea of holding preliminary issues is
sound.

Correspondence on this topic sent to
Freeths. Awaiting Freeths response to
providing directions to trial.

No action.

None at present

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POL00025515
POL00025515

LOC N: Timing of
response

Holding response to be sent stating that POL
will require more time to respond.

DONE

None at present

3. OTHER ACTIONS

1. Litigation
Consequences
Doc

Document setting out the potential legal
and factual ramifications of if the litigation
goes against POL.

Drafting a table setting out this information for
review/consideration.

28 July 2016

None at present

2. Jonathan Swift
QC work streams

Tony Robinson QC to advise on the
various work streams arising from the
report and the extent to which they
overlap

Conference with Counsel on 9 June 2016

None at present

3. Brian Altman QC
work streams

Tony Robinson QC to comment on the
adequacy of the investigations/reviews

Conference with Counsel on 9 June 2016

None at present

4. Deloitte enquiries

Tony Robinson QC to review and
comment on the sufficiency/utility of the
work being done to investigate the core
Horizon points

Conference with Counsel on 9 June 2016

None at present

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