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11595056334
HERBERT
SMITH
FREEHILLS
CONFIDENTIAL SETTLEMENT DEED
Herbert Smith Freehilis LLP
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CONFIDENTIAL SETTLEMENT DEED
THIS SETTLEMENT DEED is made on 10 December 2019
BETWEEN:
A)
The Claimants in the action Alan Bates and others -v- Post Office Limited (proceeding in the
High Court under Claim Numbers HQ16X01238, HQ17X02637 and HQ17X04248) as
described more fully in the Group Register served on 11 November 2019 and reproduced at
Schedule 1 (each a “Claimant”, and together the "Claimants");
Post Office Limited, a company incorporated in England and Wales (registered number
02154540) whose registered office is at Finsbury Dials, 20 Finsbury Street, London,
EC2Y 9AQ (the "Defendant");
Freeths LLP, a law firm whose registered office is
Nottinghamshire, NG1 6HH (the "Claimants' Solicitors’
it 80 Mount Street, Nottingham,
each of whom is referred to in this Deed as a "Party", or together the "Parties".
WHEREAS
(4)
The Claimants have brought proceedings against the Defendant in the High Court of England
and Wales under claim numbers HQ16X01238, HQ17X02637 and HQ17X04248 in
connection with alleged breaches by the Defendant arising out of the operation of the
Claimants’ electronic point of sale system, Horizon (the “Action"), as set out in the
Claimants’ Claims. The Defendant has counterclaimed against the Claimants.
(2) The Action has been pursued under a Group Litigation Order made by Senior Master
Fontaine on 22 March 2017. .
(3) To facilitate the pursuit of the Action, the Claimants have entered into certain financial
arrangements with litigation funders, Therium and the Claimants’ Solicitors.
(4) On 15 March 2019 Fraser J gave judgment on certain common issues relating to the legal
relationship between the Defendant and certain of the Claimants (the “Common Issues
Judgment”). The Defendant was refused permission to appeal the order made (the "PTA
Application").
(5) Fraser J is expected to give judgment on certain issues relating to the robustness and other
aspects of the Horizon System in the course of 2019 (the “Horizon Issues Judgment").
(6) Trials dealing with questions of breach, causation and loss have not yet taken place.
(7) Nothing in this Deed shall be construed as an admission by the Defendant of any liability or
of the validity of any of the Claimants’ Claims or of any facts or matters in relation to any Like
Claim.
(8) Notwithstanding the above, and without any admission of liability, the Claimants and the
Defendant have agreed to settle the Claimants’ Claims and the Defendant's Counterclaims
and all Like Claims on the terms set out below.
IT IS AGREED
4. DEFINITIONS AND INTERPRETATION
44 in this Deed, unless the context otherwise requires
"Claimants' Claims" shall mean all and any of the claims or potential claims alleged by any
of the Claimants in the Action and arising as a result of the PTA Application (including those
made in the Generic Particulars of Claim, the Claimants' Schedules of Information, the lead
Claimants’ Individual Particulars of Claim (in each case including any amendments) and/or
in any correspondence between the Parties in or relating to the facts and matters referred to
in the Action including, without limitation, claims in respect of the losses and causes of action
set out at Schedule 2. The Claimants’ Claims shail also include all claims for interest, costs
and expenses (including the costs of the PTA Application) and any Like Claims.
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"Claimant Steering Committee" shall mean Alan Bates and Kay Linnell.
“Defendant's Counterclaims" shail mean any and all claims or potential claims alleged by
the Defendant in its Counterclaim in the Action and/or in any correspondence between the
Parties in or relating to the facts and matters referred to in the Action including, without
limitation, claims in respect of the losses and causes of action set out at Schedule 2. The
Defendant's Counterclaims shail also include all claims for interest, costs and expenses and
any Like Claims.
“Effective Date” shall mean the date which is 3 Working Days from the date of this Deed.
“Support Fund" shall mean a fund to be established by the Claimant Steering Committee
with the funding payable by the Defendant under clause 2.1.1(C) in order to deal with
hardship cases.
“Like Claims" shall mean any and all actual, alleged, threatened, potential or derivative
claims, defences, actions, causes of action, lawsuits, counterclaims, set-offs, disputes,
demands, charges, liabilities, complaints and matters of whatsoever nature (including any
claims for interest, fees, expenses or costs), save for Malicious Prosecution as set out in
clause 4.2, that the Claimants or the Defendant or any of their Related Parties have or may
have against any other party to the Action or Related Party whether actual, contingent, in
relation to past, present or future losses, whether or not presently known to the Parties or
any Related Party, whether or not arising from any other change of circumstance of any sort
and whether arising out of negligent, wilful or intentional conduct or otherwise. For the
avoidance of doubt, the definition of Like Claims is subject always to Clause 4.2.
"Malicious Prosecution” means claims by the Convicted Claimants against the Defendant
for malicious prosecution.
“Potential Claimants" shall mean any and all persons, apart from the Claimants, who may
seek to bring any actual, alleged, threatened, potential or derivative claim, lawsuit, demand,
complaint or charge of whatsoever nature against the Defendant or its Related Parties in any
way related to the matters set out in the Amended Generic Particulars of Claim signed on 6
July 2017, the Claimants’ Schedules of information, the lead Claimants’ Individual Particulars
of Ciaim and/or in correspondence in or related to the Action, including pre-action
correspondence.
“Related Parties" shall mean: any natural or corporate person who has worked in (whether
formally or informally) or been involved in any way in the operation or management of any
branch (or branches) of the Defendant in respect of which a Claimant has brought a claim in
the Action comprising:
{a) any company in the control of a Claimant;
(b) any relative of the Ciaimant (including step-relatives or relatives by marriage, but
not including cousins beyond first cousins); and
(ce) any corporate or natural person who was jointly entitled to bring a claim with any
claim brought by any Claimant.
"Settled Claims" shail have the meaning given to that term in clause 4.1.
“SPM" shall mean Sub-Postmistress, Sub-Postmaster, Operator, or Postmaster of a
Network Branch of the Post Office (whether a natural or legal person) provided that person
has entered into a contract with the Post Office.
“Working Day” shail mean any day except a Saturday, Sunday or bank or public holiday in
England.
Any reference to this Deed includes the Schedules to it each of which forms part of this Deed
for all purposes;
A reference to an enactment, EU instrument or statutory provision shall include a reference
to any subordinate legislation made under the relevant enactment, EU instrument or statutory
provision and is a reference to that enactment, EU instrument, statutory provision or
subordinate legislation as from time to time amended, modified, incorporated or reproduced
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and to any enactment, EU instrument, statutory provision or subordinate legislation that from
time to time (with or without modifications) re-enacts, replaces, consolidates, incorporates or
reproduces it;
A reference to a person shall include a reference to a firm, body corporate, unincorporated
association, partnership or to an individual's executors or administrators;
A reference to a clause, sub-clause, paragraph, Schedule (other than to a schedule to a
statutory provision) shall be a reference to a clause, sub-clause, paragraph, Schedule (as
the case may be) of or to this Deed;
If a period of time is specified as from a given day, or from the day of an act or event, it shall
be calculated exclusive of that day:
References to writing shall include any modes of reproducing words in any legible form and
shail include email except where expressly stated otherwise; and
The headings in this Deed are for convenience only and shall not affect its interpretation.
SETTLEMENT PAYMENTS
On or by the Effective Date, the Defendant shall pay:
2.4.1 to the Claimants’ Solicitors the aggregate sum of:
(A) £9.5m (nine and a half million pounds sterling) (being £15m (the "Legal
Costs") less the sum of £5.5m ordered to be paid in respect of the
Common Issues Judgment) in respect of legal costs and disbursements;
(B) £42m (forty-two million pounds sterling) by way of damages, litigation
funding, ATE costs or other costs, or other relief claimed in the Action (the
"Settlement Payment");
(C) £0.75m (seven hundred and fifty thousand pounds sterling) in respect of
the Support Fund (the "Support Fund Costs");
by electronic transfer to the client account of the Claimants’ Solicitors, the details
of which are:
Address: Freeths Client Account
Sort Code:
Account No:
Ref:
21.2 The Legal Costs, the Setiléii “and the Support Fund Costs are
collectively referred to as the "Cash Settlement Sum".
The Defendant's obligation to pay the Cash Settlement Sum pursuant to this Deed shall be
discharged in full by making the transfers referred to in clause 2.1 above.
Any dispute between the Claimants, the Claimants’ Solicitors, the Claimant Steering Group,
their litigation funders and/or ATE providers, as to the distribution or apportionment of the
Cash Settlernent Sum shall have no effect on the discharge to which the Defendant is entitled
under clause 2.2 above.
NO LIABILITY
Nothing in this Deed shall be construed as an admission by the Defendant of any liability or
of the validity of any of the Claimants’ Claims or of any facts or matters in relation to any Like
Claim.
RELEASES AND COVENANTS NOT TO SUE
Save as expressly set out in clause 4.2 below, this Agreement is in full and final settlement
of the Action, the Claimants’ Claims, the Defendant's Counterclaims and any further claims
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which arise out of or are in any way connected to, whether directly or indirectly, the claims
or counterclaims made or the facts and matters alleged by any party in the Action (the
"Settled Claims").
The Settled Claims shall not include:
4.24 claims in contract between the Defendant and those Claimants who remain in post
as postmasters as set out in Schedule 3 which (a) arise wholly out of facts and
matters which took place after the Effective Date of this Deed; and (b) which could
not have been brought in the Action; and
422 claims against the Defendant for Malicious Prosecution.
Upon transfer by the Defendant of the Cash Settlement Sum pursuant to clause 2:
431 the Claimants shall for themselves and for any Related Party (insofar as they are
able):
{A) fully and finally settle, release, acquit and forever discharge the Defendant
from and against the Settled Claims; and
(B) covenant not to sue, pursue or proceed against the Defendant in relation
to any claim, fact or matter arising from or connected to the Settled Claims;
and
4.3.2 the Defendant shall, on its own behalf and on behalf of any of the Defendant's
Related Parties:
(A) fully and finally settle, release, acquit and forever discharge the Claimants
from and against the Settled Claims; and
(B) covenant not to sue, pursue or proceed against the Claimants {or any of
them) or their Related Parties in relation to any claim, fact or matter
connected to the Seitied Claims.
The agreement set out in this Deed supersedes and overrides any and all previous
agreements between the Parties and any previous court orders relating to the Legal Costs
and ali other claims relating to other legal costs, expenses and disbursements, save to the
extent that such agreements or orders have already been satisfied.
itis acknowledged and agreed that the compromise set out in this Deed was reached by the
Parties acting in good faith and that no additional obligation to that effect shall be implied.
WARRANTIES AND INDEMNITIES
The Claimants and the Defendant warrant and represent that it has not sold, transferred,
assigned or otherwise disposed of its interest in the Settled Claims which might give rise to
separate claims.
The Claimants’ Solicitors warrant that the Clairnants are legally liable to pay the Legal Costs.
Shouid any Party (other than the Defendant) bring any actions, claims or proceedings against
the Defendant or should the Defendant bring any such actions, claims or proceedings against
any Party in respect of or in relation to the Settled Claims (for the avoidance of doubt, save
in relation to compliance with this Deed), the Party bringing the action, claim or proceedings
shall indemnify, and shall keep indemnified, the other Party in respect of any and all costs or
liabilities (including any and all legal costs, whether or not those costs would be recoverable
apart from the provisions of this clause) incurred in connection with the action, claim or
proceedings.
The Claimants’ Solicitors warrant that they have the authority and power to enter into this
Deed on behalf of the named Claimants in Schedule 1 and to execute the agreement on their
behalf. For the avoidance of doubt, the Claimants’ Solicitors do not warrant their authority (or
that of the Claimants) to bind any party other than the Claimants or the Claimants’ Solicitors
to the terms of this Deed.
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The Claimants’ Solicitors represent and warrant that they have provided independent advice
to the Claimants (by so advising the Claimant Steering Committee) that they are satisfied
that the decision reached to settle on the terms of this Deed was fair and appropriate in all
the circumstances.
TOMLIN ORDER
As soon as is reasonably practicable after the Effective Date, the Claimants’ Solicitors shall
file the agreed Tomifin Order at Schedule 4, signed by both parties, staying all Settled Claims
upon the terms of the schedules thereto, save for the purposes of enforcement of the terms
in Part A Confidential Schedule il.
The Defendant shali ensure that it has taken all of the steps set out in Part B of Confidential
Schedule Ii of the agreed Tomlin Order at Schedule 4 before 30 January 2020.
The Claimants shail apply to the Court to discharge the Group Litigation Order dated 22
March 2017 and discontinue ail claims in these proceedings with no further order as to costs
by no later than 4pm on 31 January 2020, upon compliance by the Defendant with the
requirements in Part B of Confidential Schedule 1 of the agreed Tomlin Order at Schedule 4.
CONVICTED CLAIMANTS
The Parties acknowledge that:
744 amongst the Ciaimants are some individuais who have been convicted of criminal
offences (the “Convicted Claimants") of which approximately 32 have referred
their cases to the Criminal Complaints Review Commission (the "CCRC");
7.12 the Convicted Claimants cannot proceed with their claims in the Action for
Malicious Prosecution, or with claims which would be barred by res judicata by
reason of their conviction, unless those convictions are overturned;
TAS as part of the settlement set out in this Deed, the Defendant has not made, or
agreed to make, any payment to or for the benefit of any Convicted Claimant; and
TA4 if, for reasons of expediency and to facilitate the settlement of the Action as a
whole, those Claimants who are not Convicted Claimants elect to share any part
of the Cash Settlement Sum to which they may be entitled with any Convicted
Claimant, though not giving either express or implicit approval to such a course,
* the Defendant acknowledges it is unabie to prevent it.
Nothing in this clause 7 shall prevent the Convicted Claimants from pursuing the remedies
available to them through the civil courts in relation to claims by them for Malicious
Prosecution (but Malicious Prosecution only), or through the CCRC and/or the criminal
appellate courts. The Defendant agrees that time will not start to run for the purpose of the
Limitation Act 1980 until any conviction is overturned.
The Defendant undertakes that:
734 it shall take advice from leading counsel at the criminal Bar as to how it should
proceed with regard to the Convicted Claimants and shail instruct him or her to
consider its obligations to the CCRC, to the Crown Prosecution Service, to the
Courts and to the public interest and administration of justice insofar as each is
relevant in any given case, in relation to the cases of the Convicted Claimants:
7.3.2 it shall, at minimum, act upon and follow the legal advice it receives from leading
counsel;
7.33 it shall take no steps to prevent the Horizon Issues Judgment from being handed
down, and the Defendant acknowledges that the Convicted Claimants may rely
upon it should they so wish;
7.3.4 if any Convicted Claimant obtains permission to appeal, the Defendant shall take
advice from a leading criminal barrister as to what position the Defendant should
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take in relation to the appeal, having due regard to the findings by Mr Justice Fraser
in the Common Issues Judgment and in the Horizon Issues Judgment; and
7.35 in the event that any Convicted Claimant who was prosecuted by the Defendant
has his or her conviction overturned in the criminal appellate courts as a result of:
(A) actions or omissions by the Defendant; and
(B) findings or observations made in the Common Issues Judgment or Horizon
issues Judgment
the Defendant will provide that Convicted Claimant with an apology which reflects
the basis upon which the conviction was overturned.
The terms of this clause 7 are not an admission of liability or an admission of wrongdaing on
the part of the Defendant and, in particular, Royal Mail and the Crown Prosecution Service,
neither of whom are parties hereto. Nor are they evidence that any settlement payment was
made to any Convicted Claimant in respect of their specific cases.
SUPPORT FUND
The Defendant shall pay to the Claimants’ Solicitors the Support Fund Costs to enable the
Claimant Steering Committee to establish and administer the Support Fund to provide
financial relief and assistance in hardship cases including immediate financial hardship as
well as individuals suffering from mental health problems (for the avoidance of doubt.
including addiction) and stress-related illnesses.
The Support Fund may be used beyond the purposes in clause 8.1 once the Claimant
Steering Committee is satisfied that its primary purpose has been served.
The Support Fund shail not be used to fund claims against the Defendant.
Subject to clause 8.3 above, the Support Fund shall be managed and administered by the
Claimant Steering Committee in accordance with such procedures that the Claimants and
the Claimant Steering Committee shall in their sole discretion decide.
The Defendant shall have no control or oversight over, or responsibility for or liability in
respect of, the funding, management, administration or any other aspect of the Support Fund
once its obligation to pay the Support Fund Costs has been discharged.
SERVING SPMS
The Defendant acknowledges the criticisms that have been made in the Common Issues
Judgment about certain of its dealings with its postmasters.
The Defendant is committed to improving its culture and has a new management team which
intends to make fair, just and reasonable improvements in accordance with the plan at
Schedule 5.
The Defendant agrees to meet with a group comprising 3 members of the Claimant Group
on at least a quarterly basis for no less than the next 12 months in order to share, and obtain
feedback on its future plans for the improvement of the relationship with postmasters and
their customers and to listen to ideas which may facilitate that objective.
The Defendant shail establish an internal group (the "Historic Shortfall Group") to deal
with shortfalls which arose between 2000 and the Effective Date of this Agreement (“Historic
Shortfalis"). The purpose of the Historic Shortfall Group shall be to bring finality to all
outstanding issues in respect of Historic Shortfalls and to determine, in light of the Common
issues Judgment and the Horizon Issues Judgment (once handed down) whether such
shortfalls should be paid, repaid, written off or compromised. The Historic Shortfall Group
shall operate in accordance with the terms of reference set out at Schedule 6.
For the purpose of the mediation provision in Schedule 6, the Defendant shall establish a
cost-effective and accessible mediation scheme to the satisfaction of Charles Flint QC and
Stephen Ruttle QC.
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The Defendant shall use reasonable endeavours to resolve any outstanding issues with
serving postmasters (including suspended postmasters) who are Claimants in the Action as
swiftly as practicable following the identification of those issues by the Claimants and/or the
Claimants’ Solicitors.
In the event of any issue, difference or dispute arising between the Defendant and a serving
Claimant, the Parties shall follow the dispute resolution procedure provided in clause 16.2
below. The Claimant Steering Committee will encourage SPMs who are not Claimants to
make use of the dispute resolution procedure.
FORMER SPM CLAIMANTS.
As part of the settlement of the Action, and notwithstanding that SPMs are agents and not
employees, the Defendant agrees to consider, in good faith, any request made by any former
SPM Claimant for a letter of reference. Any such letter which the Post Office agrees in good
faith to provide shall:
10.1.1 confirm that the Claimant was appointed as a SPM; and
10.1.2 state the duration of his or her tenure.
The SPM concerned shail be entitled, but not obliged, to share with any person seeking a
reference the Joint Press Statement (or as the case may be, any letter to be provided to a
Convicted Claimant by the Defendant).
Nothing in the above provision precludes any Claimant from asking any individual for a
personal reference, nor does it oblige any individual to provide a personal reference.
INSOLVENCY, SECURITY AND CHARGES
in the case of those Claimants who provide documentary evidence that they are subject to
an ongoing bankruptcy or insolvency process, the Defendant agrees, without making any
admissions as to the validity of the original claim or proof, and subject to confirmation from
the relevant trustee or insolvency officehoider (the "Officehoider”) that (a) the Officeholder
agrees with the proposed course of action and (b) the Defendant shail incur no liability in
respect of any fees or costs to either the Officeholder or the Claimant's estate by so doing,
that it shall:
14.1.1. as soon as practicable following the provision of the name and contact details of
the Officeholder, confirm to the Officeholder that it withdraws any claim or proof of
debt in respect of unpaid shortfalls arising between 2000 and the Effective Date of
this Deed or, alternatively, (but only if it would be permissible and practical to do
$0) agree to assign the claim or proof of debt to the Claimant in question; and
agree, at the Claimant's election:
{A) to withdraw any claim or proof of debt in respect of unpaid shortfalls arising
between 2000 and the Effective Date of this Deed; or
(B) to sign an appropriate deed of assignment prepared by the Claimant in
question, to assign and so assign the claim or proof of debt to the Claimant
in question and confirm to the Officeholder that it has so assigned the claim
and give such notice of assignment required to give such assignment legal
effect;
11.1.2 as soon as practicable following the provision of a copy of any charge or other
security held by the Defendant and the appropriate paperwork, agree to assign to
the Claimant in question (or at his or her election, release) any security it holds in
respect of the aforesaid claim or proof.
The provisions of Clause 11.1.1(B) or 11.1.2 shall not oblige the Defendant to take any step
unless the relevant Officeholder so agrees. Nor does it make any representation or give any
warranty as to the legal effect thereof.
In the case of those Claimants who have been or are the subject of civil proceedings by the
Defendant relating to the subject matter of the Action, and / or have charging orders made
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against them in favour of the Defendant and / or any other cash or security taken by the
Defendant in connection with those proceedings:
11.3.1 the Defendant shall take all necessary steps and cooperate in good faith with the
Claimants (or any solicitors instructed by them) to expedite the resolution of any
such proceedings on a basis consistent with the provisions of this Deed;
11.3.2 in the event that a Claimant notifies the Defendant of any steps he or she requests
that the Defendant take to bring about the discontinuance, variation, set aside,
discharge or release of any such proceedings, judgment, order or related security,
the Defendant shall respond within 14 days or as soon as is reasonably practicable,
confirming whether it consents to the request made by the Claimant, such consent
not to be unreasonably withheld.
11.3.3 In the event of a dispute following a withholding of consent by the Defendant, the
Claimant may elect to resolve that dispute using the dispute resolution procedure
set out in Clause 16.2 below.
Any disputes arising out of the Parties’ compliance with Clause 11.1 and / or Clause 11.2
shall be subject to the dispute resolution procedure set out at Clause 16.2 below.
CONFIDENTIALITY
On the Effective Date, the Parties shail jointly release the press statement in the form set out
in Schedule 7 to this Deed to the public (the “Joint Press Statement").
Each Party undertakes to the other that (unless the prior written consent of the other Party
shall first have been obtained) it shall, and shall procure that its officers, employees, advisers
and agents shall, keep confidential and not by failure to exercise due care or otherwise by
any act or omission disclose to any person whatever or terms of this Deed or the contents of
the discussions and negotiations which have led up to this Deed, save for the contents of the
Joint Press Statement (the "Confidential information").
The consent referred to in clause 12.2 shall not be required for disclosure by a Party of any
Confidential Information:
12.3.1 to its officers, employees, agents, shareholders, in each case, as may be
contemplated by this Deed or to the extent required to enable such Party to carry
out its obligations under this Deed, who shall in each case be made aware by such
Party of its obligations under this clause and shail be required by such Party to
observe the same restrictions on the use of the relevant information as are
contained in this clause 12;
12.3.2 to its professional advisers (including without limitation its auditors and other
accounting advisers, financial advisers and legal advisers) who are bound to such
Party by a duty of confidence which applies to any information disclosed;
12.3.3 to the extent required by applicable law or by the regulations of any stock exchange
or regulatory or supervisory authority to which such Party is or may become subject
to or pursuant fo any order of court or other competent authority or tribunal;
12.3.4 in connection with the commencement, pursuit or defence by a Party of any legal
proceedings to which any Confidential Information is relevant;
12.3.5 by the Department of Business, Enterprise and Industrial Strategy to the extent its
representatives consider such disclosure to be in the public interest;
12.3.6 to the extent that the relevant Confidential Information is in the public domain
otherwise than by breach of this Deed by such Party; and
12.3.7 which is disclosed to such Party by a third party who is not in breach of any
undertaking or duty as to confidentiality whether express or implied, in each case:
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{A} in the case of disclosure by the Defendant, subject to written consent from
the Claimants’ Solicitors; or
(B) in the case of disclosure by Parties other than the Defendant, subject to
written consent from the Defendant.
if a Party intends, in circumstances contemplated by clause 12.3.3 or 12.3.4, to disclose any
Confidential information such Party shall give to the other Party such notice as is practical in
the circumstances of such disclosure and shall co-operate with the other Party, having due
regard to the other Party's views, and take such steps as the other Party may reasonably
require in order to enable it to mitigate the effects of, or avoid the requirements for, any such
disclosure.
lf any Party intends, in circumstances contemplated by clause 12.3.7 to disclose any
Confidential Information to a third party such Party shall seek the consent for disclosure of
the relevant Party as soon as is practical in the circumstances, but not less than 3 Working
Days. The consent of the Party whose consent is being sought shall not be unreasonably
withheld.
This Deed shall not be used or referred to in any proceedings between the Parties save for
the purposes of enforcing the terms of this Deed or establishing, should it be contested, the
existence and/or terms of this Deed
The Claimants, the Claimants’ Solicitors and the Claimants’ Steering Committee agree:
12.7.1 not to contradict the Joint Press Statement; and
12.7.2 not to make defamatory statements about the Post Office, in particular any
individuals, directors or employees of the Post Office.
The Defendant agrees:
12.8.1 not to contradict the Joint Press Statement; and
12.8.2 not to make defamatory statements about the Claimants.
The Claimants’ Solicitors will send an email to all Claimants including a fair-minded
encouragement to comply with the obligation in clause 12.7 above and to give due credit to
the Defendant for now having resolved this dispute and to make any comments in a moderate
and fair-minded way.
Nothing in this clause shall prevent the Claimants’ Solicitors from informing or advising the
Claimants as to the terms and effect of this Deed or any document referred to therein and /
or matters relating to the distribution of any settlement sums received under this Deed.
The Parties agree that the Claimants who attended the mediation are at liberty to disclose
that they attended the mediation, that they met the CEO of the Defendant, that they gave
their accounts of what had happened to them, and that he had listened attentively and that
they were very pleased to have had this opportunity.
CONTINUING LEGAL REPRESENTATION / FUNDING
The Claimants’ Solicitors agree:
13.1.1 to inform the Defendant of any Potential Claimants who may agree to the
Defendant being so informed, limited to those Potential Claimants of which they
are aware on the Effective Date of this Agreement;
13.1.2 not to solicit, advise, represent or fund any Potential Claimants, either directly or
indirectly;
13.1.3. not to share any information relevant to the Action that is confidential with any
Potential Claimants or any other party;
13.1.4 not to take any steps which might reasonably be expected to encourage Potential
Claimants to bring claims based on facts similar to or arising out of those so as to
undermine the obligation in the Action (whether in England and Wales or in any
other jurisdiction) against the Defendant or its Related Parties; and
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13.1.5 to make the following statement, and only the following statement or words to
materially similar effect, if approached by any Potential Claimants in connection
with a possible claim based on facts similar to or arising out of those in the Action:
"fiwe] acted for the Claimants in the Post Office Group Litigation
but that litigation has come to an end and [I am/we are] not able
to advise you or represent you in relation to any matters related
to the subject matter of that litigation. if you are experiencing
problems with Post Office or consider you have a claim against
Post Office we would encourage you fo contact Post Office
directly at no cost to yourself, in order to be able to make use of
the Dispute Resolution Scheme which Post Office has
established to help existing SPMs. You are also free to seek legal
advice. You can find a local solicitor via the Law Society website
or you might wish to contact the Citizens Advice Bureau who may
be able to advise you of some organisations who could assist
you."
The Claimant Steering Committee agrees:
13.2.1 to take no steps at any stage in the future to solicit or encourage any group litigation
by Potential Claimants against the Defendant;
13.2.2 to take no steps at any stage in the future to solicit legal claims against the
Defendant; and
13.2.3. not to share any information relevant to the Action that is confidential with any
Potential Claimants.
CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
No Party may assign the benefit of this Deed at any time and the rights contained herein are
personal to the Parties.
Save as expressly provided in this Deed, any person who is not a Party has no rights under
the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Deed but this
does not affect any right or remedy of any person which exists or is available other than
under that Act.
Notwithstanding any other provision of this Deed, the Parties intend that their Related Parties
(or any of them) shall have rights to enforce any provision of this Deed in which reference is
made to such Related Parties.
SERVICE OF NOTICES
Any notice to be served on the Defendant under this Agreement:
15.1.1 must be in writing and addressed to the Office of the General Counsel; and
15.1.2 shall be served by post or personal delivery at the Defendant's registered address
from time to time.
Any notice to be served on any other Party shall be in writing and shall be deemed to be
effective if served by post or personal delivery at that Party's business or home address or if
it comes to the attention of the party concerned by any other means.
MISCELLANEOUS
Governing Law
This Deed and any dispute or claim arising out of or in connection with it or its subject matter,
existence, negotiation, validity, termination or enforceability (including non-contractual
disputes or claims) shall be governed by and construed in accordance with English law.
11/59505633_1 10
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Dispute Resolution
16.2 Save as provided for in the agreed Tomlin Order in Schedule 4 (to be sought by the Parties
under clause 6), the Parties agree that any dispute or claim arising out of or in connection
with this Deed or its subject matter, existence, negotiation, validity, termination or
enforceability (including non-contractual disputes or claims) (the “Dispute”) shall be
resolved as follows, to the exclusion of any other dispute resolution procedure:
16.2.4
16.2.2
16.2.3
16.2.4
16.2.5
16.2.6
16.2.7
Notification
The aggrieved party shall notify the other party of the Dispute in writing, providing
such reasonable detail as they are able to provide;
Information
Within 14 days or as soon as is reasonably practicable, the parties shall provide
each other with any obviously relevant information relating to the dispute and any
inforrnation reasonably available that the other party may request ~ the parties shail
cooperate in identifying such relevant information;
Good Faith Meeting
Within 21 days or such fonger period as may be agreed between the parties, the
parties or their representatives shall meet in good faith with a view to resolving the
Dispute amicably between them before any costs are incurred (the "Good Faith
Meeting”);
Escalation Meeting
if the Dispute is not resolved as a result of the Good Faith Meeting, either party
may within 21 days escalate the dispute to a member of the Defendant's senior
management to be nominated by the CEO or the General Counse/ who will meet
with the parties to seek to resolve the Dispute (the "Escalation Meeting");
Mediation
The parties to the Dispute shall consider whether to mediate and, if they both agree
to do so, shail seek to resolve the Dispute by mediation on such terms as they may
agree (the "Mediation");
Smaif Disputes
All Disputes for sums totalling not more than £10,000 (“Smail Disputes") which
are not resolved at or as a result of the Escalation Meeting and / or Mediation, shall
be resolved by recourse to civil proceedings in the County Court pursuant to the
Small Claims Track and shall be subject to the fee scale applicable thereto, and
the parties agree not to seek reallocation of the proceedings to the Fast Track or
Multi Track;
Larger Disputes
All Disputes other than those which are Small Disputes, which are not resolved at
or as a result of the Escalation Meeting and / or Mediation, shall be referred to and
finally determined by arbitration under the Arbitration Act 1996. The appointing
authority shall be Charles Flint QC and Stephen Ruttle QC, the number of
arbitrators shail be one, the seat of arbitration shall be London, England and the
language of the arbitration shall be English.
16.3 For the avoidance of doubt, any Claimant entitled to bring an individual claim for Malicious
Prosecution shall do so (whether or not they have attempted mediation to resolve such claim)
in the Courts.
11/59508833_1
16.5
16.6
16.7
16.8
16.9
16.10
16.14
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Further Matters
This Deed and its Schedules represents the entire understanding and constitutes the whole
agreement in relation to its subject matter and supersedes any previous agreement between
the Parties with respect thereto and, without prejudice to the generality of the foregoing,
excludes any warranty, condition or other undertaking implied at law or by custom, usage or
course of dealing.
Each Party confirms that:
16.5.1 in entering into this Deed it has not relied on any representation, warranty,
assurance, covenant, indemnity, undertaking or commitment which is not expressly
set out in this Deed; and
16.5.2 in any event, without prejudice to any liability for fraudulent misrepresentation or
fraudulent misstatement, the only rights or remedies in relation to any
representation, warranty, assurance, covenant, indemnity, undertaking or
commitment given or action taken in connection with this Deed are pursuant to this
Deed, and for the avoidance of doubt and without limitation, neither party has any
other right or remedy (whether by way of a claim for contribution or otherwise) in
tort {including negligence) or for misrepresentation (whether negligent or
otherwise, and whether made prior to, or in, this Deed).
if any provision or part of this Deed is found to be void or unenforceable, it shall be deemed
to be deleted and the remaining provisions of this Deed shail continue in full force and effect.
This Deed may be executed in any number of counterparts and by the Parties to it on
separate counterparts, each of which when so executed and delivered shail be an original,
but all the counterparts shail together constitute one and the same instrument.
No variation of this Deed shail be effective uniess it is in writing (which for this purpose, does
not include email) signed by or on behalf of each of the Parties.
A failure or delay in exercising any right or remedy under this Deed shall not constitute a
waiver of that right or remedy. A single or partial exercise of any right or remedy shall not
prevent the further exercise of that right or remedy. A waiver of a breach of this Deed shall
not constitute a waiver of any other breach.
The Parties acknowledge that damages would not be an adequate remedy for a breach of
this Agreement and each Party is entitled to the remedies of injunction, specific performance
and other equitable relief for a threatened or actual breach of this Deed.
Each of the Parties represents and warrants that they have the power and authority to enter
into this Deed.
IN WITNESS whereof this Deed has been entered into on the date first above written.
14/59508533_1 2
Executed and delivered as a deed by
the Claimants acting by Freeths LLP
in the presence of
HALES FLINT 6X.
Name of witpore-<-------—
GRO.
Address:
if tbe Cham Wor
Herter LGN P60
pation
baer ister
Executed and delivered as a deed by
Post Office Limited acting by in the
presence of
Name of witness: Yo
Signature of witness G RO
Address:
Occupation Sori c TOR
Executed and delivered as a deed by
Freeths LLP acting by in the presence of
CARLES FLINT AC
GRO I
‘signature orwiness:
Lackstontt Choris
baristy
Occupation:
11/59508523_1
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SCHEDULE 1
Claimant Claimant's Full Name Claimant's Home Address Date of entry on
No. (Including title) Group Register
1 Mr Haji Nadeem Abbas Choudry 23/02/2017
2___I Ms Lesley Abbot 23/02/2017
3 Mr Naushad Abdulla 23/02/2017
4 Mrs Oyetju Omotara Adedayo 23/02/2017
5 Mrs Tabasam Ahmed 23/02/2017
6 Mr Mohammed Zubair Amir 23/02/2017
7 Miss Dionne Andre. 23/02/2017
8 I Ms Nichola Arch 23/02/2017
9 Mrs isabella Amstrong-Wall 23/02/2017
410 Mr Kamran Ashraf. 23/02/2017
1 Ms Shazia Saddiq (nee Azam) 23/02/2017
12 [ Mr Lawrence Giyn Bailey 23/02/2017
13__I "Mrs Carol Bains 23/02/2017
14 Mr Virendra Kumar Bajaj 23/02/2017
18__I_ Mrs Cynthia Balakumar 23/02/2017
16 Ms Tracy Feistead (formerly Banks) 23/02/2017
47 Mrs Jasvinder Barang 23/02/2017
18 Ms Margaret Bateman 23/02/2017
19 I MrAlan Bates 23/02/2017
20 Mr Arun Bhanote: 23/02/2017
Mr Revti Raman Bhanote 23/02/2017
22. I Ms Neha Gautum (nee Bhardwaj) 23/02/2017
23 I Ms Ram Pratap Bhardwaj 239022017
24 Mr Haspreet Singh Bhondi 23/02/2017
25 Mr Rajinder Bilkhu 23/02/2017
26 Ms Amanda Julie Bissett 23/02/2017
ar Mrs Margaret Winifred Boston 23/02/2017
28 I Mrs Evon Botoros 23/02/2017
29 I Ms Janet Bradbury 23/02/2017
30 Mr Timothy Brentnail 23/02/2017
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Claimant Claimant's Full Namo Claimant's Home Address Date of entry on
No. (including title) Group Register
34 I Ms Sharon Pauline Brown 23/02/2017
32__ I Mr Thomas George Brown 23/02/2017
33 I Mr Gary Brown 2302/2017
36 I Mrs Wendy Vivian Buffrey 2302/2017
36___I Mr Nathan Vincent Buch 23/02/2017
36 I Mr Timothy Burgess 23/02/2017
37__ I Ms Sarah Burgess-Boyde 23/02/2017
38 I Mr Alan Campbell 23/02/2017
39 I Mr David Carney 2302/2017
I_40 I Ms Julie Carter 23/02/2017
42__I Mr Ghazala Chishty 23/02/2017
43 I MrBashir Choglay 23/02/2017
44__I Ms Jillia Marian Climo 2302/2017
45 ___I Ms Deirdre Connolly 23/02/2017
46 I MrAdrian Comer 2310212017
47__I Ms Wendy Cousins. 2302/2017
48 I MrPhilip Cowan 2302/2017
49__I Ms Pauline Coyle 23/02/2017
50 I Miss Zoe Dan 23/02/2017
51 I Mr Scott Darlington 23/02/2017
52___I_Mr Philip John David Dauncey 2302/2017
53 I_MrJohn Dickson 2302/2017
$4 I Mr Sukhwant Dosanjh 2302/2017
55 I_Ms Marion Drydale 2302/2017
56 I Mr Sathiaseelan Easwarakumar 2302/2017
$7__ I Mr Thomas English 23/02/2017
88__I Mrs Nirmala Fatania 2302/2017
59__I_Mr Stanley Fell 23/02/2017
60 I Ms Joanne Foulger 23/02/2017
i I Mr Richard Fairfax Gates 23/02/2017
62__I MrHarkamel Ghag 23/02/2017
63__I Mr David John Gilbert 23/02/2017
64 I Ms Paula Jane Gorman 23/02/2017
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Claimant Claimant's Full Name Claimant's Home Address Date of entry on
No. (including title) Group Register
65 I Ms Donna Lynn Gosney 23/02/2017
66 Mr Shamsudin Govani 23/02/2017
67 Ms Sally Graham 2302/2017
68 I Ms Alison Hall 2302/2017
69 I Ms Josephine Hamilton 33/02/2017
70_I MrMuhammad Haneet 23/02/2017
ral Mrs Susan Hazzleton 23/02/2017
72 I Mr David Hedges 23/02/2017
73 Ms Allison Henderson 23/02/2017
74 ‘Mr Peter Holloway 23/02/2017
76 I MrFrank Kershaw Holt 23/02/2017
77_I Mrs Gillian Howard 23/02/2017
78___I Mr Graham Howard 23/02/2017
79 Mrs Elaine Hughes 23/02/2017
80 Mrs Lynette Jane Hutchings 23/02/2017
Bt Mrs Elaine tilidge 23/02/2017
82 Ms Colleen ingham
83 I Mrs Veronica Dorothy Sheila Irvine
84 I Ms Karen James 2402/2017
85 —_I I [Anonymous Order] I 23/02/2017
a7 Mr Cledwyn Pierce Jones 23/02/2017
88 Mr Keith Jones 23/02/2017
89 I Mr Michael Emest Jones 231022017
90 I Mr Harish Joshi 23/02/2017
91 I Mrs Karen Judd 2302/2017
92. I Mr Parmod Kumar Kalla 23/02/2017
93 Mrs Seima Kamran. 2302/2017
94 I Mr Anish Kavi 3/02/2017
[95 I Mr Mohammed Khalil 23022017
96 ‘Mr Antony Afzal Khan 23/02/2017
97 Mr Amir Khan, 23/02/2017
98 I Mrs Mamonah Khan 23/02/2017
99 I Mr Darren James King 2302/2017
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Claimant Claimant's Full Name Claimant's Home Address Date of entry on
No. (including title) Group Register
100__I Ms Lorraine Kirkman (nee Piner) 23/02/2017
102] Ms Susan Knight 23/02/2017
403 I Mr Kamaljit Kooner 23/02/2017
104__I Mr Hitesh Korat 23/02/2017
105__I Mr Kamaleswaran Kunabalasingam 23/02/2017
106 I Mr Saifudin Nazarali Kutianawala 23/02/2017
107__I_MrAdrees Latif 23/02/2017
108 I Ms Denise Lattielie 23/02/2017
444 I Mrs Susan Elizabeth Mansfield 2HOZAOT
142 I_Ms Wendy Martin 23/02/2017
143 __I_Mr Gary Massey 2H02Q017
444 I Mr Francis Joseph Maye 23/02/2017
115 ___I Ms Katherine McAlemey 23/02/2017
116 I Mr Donald Roger Mclean 23/02/2017
Ti [Miss Tracey Anne Merritt 23/02/2017
148 I Mr Asif Mirza 23/02/2017
449 I Mrs Seema Misra 23/02/2017
420 I Mr John Robert Moir 23/02/2017
424__I Mr Arthur Modd 23/02/2017
122 I Ms Enid Mummery (deceased) 23/02/2017
423 [Mr Nahman Nisar 23/02/2017
124 I MrJenny OOell 231022017
425 I Ms Mojisola Okuwoga 2302/2017
126 I Mr Ralph Oliver (a Protected Party by Terri 23/02/2017
Packwood, his Litigation Friend)
427__ I Mrs Sarah Mary Picton Osolinski 23/02/2017
428 I Mr Damian Peter Owen 23/02/2017
429_I Ms Sandra Anne Owen 23/02/2017
130 I Mrs Wendy Ann Owen (the personal i 23/02/2017
representative of Mr John Owen (deceased))
131 I Mr Sivanesarajah Pakeerathan ! 23/02/2017
433 I Mrs Jotika Patel 23/02/2017
134 I Mr Upendra Kumar Patel 23/02/2017
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Ciaimant Claimant's Full Name Claimant's Home Address Date of entry on
No. (including title) Group Register
I__ 438 [Mr Vipinchandra Patel 2YO2I01T
136__I Mr Yogesh Jashbhai Patel 23/02/2017
137 I Mr Geoige Patterson 23/02/2017
138 [ Ms Tracy Ann Paynter 23/02/2017
139} [Anonymous Order 23/02/2017,
Nr ee Phelps ~ 23/02/2017
Mr Steve Bryan Phillips 23/02/2017
Mr Paul Popov 2302/2017
Mr Kanagasundara Prince 2302/2017
Mr Aslam Ramtoola 23/02/2017
Mes Shahnaz Rashid I_2a/022087__
Ms Shirley Rayner 23/02/2017
Mr Thomas Reed Mortis, 23/02/2017
Mr Mansel Kevin Rees i 23022017
Mr Karl Thomas Anthony Reid i GRO j 2302/2017
Mr Brian Richardson 23/02/2017
151__I Mr James Richardson 23/02/2017
452__I_ Mr Alan Riddell 23/02/2017
183_I Mrs Carol Riddell — cawwwwaanaananannnannnannn GRO vvvvvenscnrered 23/02/2017 I
Ms Della Robinson - 23/02/2017
Ms Megan Robinson 23/02/2017
Mr Emest Michael Rudkin 2302/2017
Mr Mohammad Sabir 23/02/2017
158 I Mr Mohammed-Azim Saleem 23/02/2017
489 I Mr Kamal Deep Sandhu GRO 2310212017
460 I Ennosel Joseph Dominic Savio : 23/02/2017
461 I Ms Siobhan Sayer 23/02/2017
162 Mr Vinod Kumar Sharma i 23/02/2017
463 I Mr Christopher Michael Sharpies GRO i 23/02/2017
164 I Mr Jamail Singh 23/02/2017
465 I MrKuldip Singh “230212017 I
186__I Mr Setpal (Paul) Singh 23/02/2017
467 __I_Mr Gurmit Singh-Gil 23/02/2017
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Claimant Claimant's Full Name Claimant's Home Address. Date of entry on
No. (including title) Group Register
168 Mr Ravinder Pal Singh-Gill - GRO ~ i 23/02/2017
469 I “Miss Janet Skinner i GRO i 23/02/2017
470 I Mr Brian Skirrow i GRO. i ~ 23/02/2017
474 Ms Julie Steward i GRO 23/02/2017
172__ I Ms Elizabeth Stockdale eee ee ee eee GRO On 2302/2017
473 _I Ms Sally Mary Kathleen Stringer ! GRO I 23/02/2017
174 __ I Ms Pamela Stubbs 23/02/2017
475 I Mr Greg Suszczenia H 23/02/2017
476 Ms Joy Karon Taylor i 23/02/2017
4178 Ms Pauline Thomson i 23/02/2017
479 I Mr Hardial Singh Tiyur — — “se —T 23/02/2017
: _I_Ms Sandra Tizzard { 23/02/2017
181__I Mr Chiistopher Trousdale _ I 23/02/2017
182 I Ms Jasvinder Uppal 23/02/2017
483_I Ms Lynne Veen 23/02/2017
184 I Mr Guy Vinall 23022017 I
Mr Terence Walters 2302/2017
186 I MrGraham Ward 23022017
187__I MrlanWarren 23/02/2017
1488 I Mrs Susan Watson 23/02/2017
189 _I Mr Paul Thomas James Wavish ~ 23/02/2017
490 I Mr Alan White 23/02/2017
194 I Mr Leslie Stephen Whitehead 23/02/2017
192 I Ms Fiona Whybro 23/02/2017
493 I Ms Rachel Anne Williams 23/02/2017
494 I Ms Margery Lorraine Williams 23/02/2017
195 I Mrs Karen Wilson (the personal 23/02/2017
fepresentative of Julian Wilson (deceased)
196 I Mr Peter Edward George Worsfold 23/02/2017
197 I Ms Kym Elizabeth Wyllie 23/02/2017
198 I Mr David Yates 23/02/2017
499 I Ms Kathryn Lois Aberdein 25/07/2017
200 I Mrs Janice Adams. i 25/07/2017
11/59505533_1 19
Claimant Ciaimant's Full Name Claimant's Home Address Date of entry on
No. (including title) Group Register
201 I Mrs Urvashi Ahluwalia i 25/07/2017
202 I “Mr Taqueer Ahmed i 25/07/2017
203 Ms Karina Aitchison _. 25/07/2017
204 I Mis Samina Ali i 25/07/2017
205 I Mr Grant Allen . y 25/07/2017
206 I Mr imran Alwarey 25/07/2017
207 I Mr Mohammed Athaif 25/07/2017
I_.208 I Ms Janice Attwood _— 25/07/2017
209 I Mrs Pritpal Atwal 25/07/2017
240 I Mrs Joan Francis Bailey 25/07/2017
241 I Mr Jatinder Pal Singh Bains 25/07/2017
242 I Mrs Sarbjit Bains 25/07/2017
213 I Mr Sukhwinder Singh Bains 25/07/2017
244 I Bains & Hayre Limited, Related individuals: 25/07/2017
_ Claimants 13 and 213
245 I Mrs Jasvinder Barang the personal 25/07/2017
representative of Rajbinder Singh Barang
(deceased)
I_246 I Mrs Penny Bare 25/07/2017
217 I Bargain Booze (Porth) Limited, Related 25/07/2017
individual: Claimant 481
218 I Mr Cyril Bames 25/07/2017
__219_I Miss Elizabeth Bames 25/07/2017
220 I Mrs Angela Vadivambigai Bartholomew 25/07/2017
224 I Mrs Sharon Bennett 25/07/2017
222 I Mr William Betteridge 25/07/2017
223. I Ms Halima Bhamji 25/07/2017
224 IB Joshi Limited, Related individual: Claimant 251072017
at
226 I Mrs Gillian Blakey 25/07/2017
228 I Mr Kenneth Boustead 25/07/2017
230. I Ms Elizabeth Brown 25/07/2017
231 I Mrs Michelle Brown 25/07/2017
232__I Ms Nicole Marie Brown 25/07/2017
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[Claimant Claimant's Full Name Claimant's Home Address. ~~ Date of entry on
No. {including title) Group Register
233 I Mr Terence Surkitt 25/07/2017
234 Mrs Julie Byrne 25107/2017
238 Mrs Susan Cain 25/07/2017,
236 I_Mr Ronald Callaghan 2510772017
237 Mr Barry Capon 26/07/2017
238 Mrs Lynda Carr 25/07/2017
239 Ms Ana Paula Toniolo Carter 26/07/2017
240 Mr Lee Castleton 251072017
241 I Mrditender Singh Chahel 2510712017
242 __[ Mrs Chantelle Chapman 2510712017
243 I Mrs Nancy Chant 25/07/2017
245 Mr Kwok Keung Cheung 25/07/2017
246 Mr ishfak Chohan 25/07/2017
247 Mr Ravinder Chohan: 25/07/2017
248 I Mr Nicholas James Clark 25107/2017
249 Ms Julie Cleife 25/07/2017
I __250 I Mr Christian Clement 2507/2017
251 I Mrs Pauline Anne Coates 26/07/2017
252 Convenience Store Limited, Related (25/07/2017
individual: Claimant 471
253 Mr Stuart Corbidge 25/07/2017
254 I Mrs Christine Patricia Cosgrove 25/07/2017
285 _I Mr Derek James Cossey 25/07/2017
256 I Mr Gordon Cowie 25/07/2017
257 I Mrs Christine Creasey - 25/07/2017
1258 I Mr Gary Crilly 25/07/2017
259 Mr Satish Dabhi 25/07/2017
260 = I [Anonymous Or 25/07/2017
264 Ms Louise Dar 25/07/2017
262 Miss Anna Davies 25/07/2017
263 I Ms Paula Davies 25/07/2017
264) Mrs Helena Jane Davis: 25/07/2017 I
265 I Mr Chris Dawson 25072017 I
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Claimant Claimant's Full Name Claimant's Home Address Date of antry on
No. {including title) Group Register
266 I Ms Mary Sutha Dayanandan 25/07/2017
267__I_Mr Richard John Dean { 25/07/2017
268 I Dean & Smediey, Limited, Related individual: 25/07/2017
Claimant 267
269 I Deckham Deli Ltd, Related individual 25/07/2017
Claimant 123
270 I Miss Julie Dell 25/07/2017
274 I Ms Pamjt Kaur Deo 25/07/2047
272 I Miss Nisa Dhokia 25/07/2017
273 I Mrs Mandy Dickson 251072017
274 I DSB Rangdaar Va Bargain Booze, Related 25/07/2017
Individual: Claimant 464
276 I Mr John Dwyer 25/07/2047
277 I Mr Paul Dyson GRO 25/07/2017
278 _ I [Anonymous Orde [Anonymous Order] if 25/07/2017
279 I Mrs Carol Edmondson I GRO I 25/07/2017
280 I Mr Martin Charles Elbourn 5107/2017
281 I “Mrs Ayesha Elvins, 25/07/2017
283 I Mr Gareth Etheridge 25/07/2017
284 I “Mrs Tracey Etheridge 25/07/2017
285 I Nr Eamonn Andrew Evans 2510772017
286 I Ms Susan Evans { 25/07/2017
287 I Mrs Wendy Anne Evason f 25/07/2017
288 I Mr Mujahid ul Aziz Faisal Hl 25/07/2017
289 I Mr David Farry i 25/07/2017
290 I Ms Beverley Lynne Fawcett i GRO i? 25/07/2017
291 I [Anonymous Order] I ~~“TAnonymous Order] 25/07/2017
292 I Mrs Carole Fielding 25/07/2017
294 I Mr Michael Fogarty 25/07/2017
_ Mrs Jacqueline Foster 25/07/2017
Mrs Menna Garland-Ellis 25/07/2017
Mrs Joanne George a GRO 25/07/2017
i [Anonymous Order] ceed 25/07/2017
E [Anonymous Order] 25/07/2017
[Anonymous Order
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Claimant Claimant's Full Name Claimant's Home Address Date of entry on
No. (including title) Group Register
301 I Mrs Christine Edna Goodwin 25/07/2017
302 I Mr John Goodyear af 25/07/2017
303 Mr Andrew Jamie Gordon 25/07/2017
304 Mr Kenneth John Graham 25/07/2017
305 Mr Thomas Robert Graham (25/07/2017
306 Mr William David Graham 25/07/2017
307 I Mr Mahendra Raja Panditha Gunawardana 25/07/2017
308 ‘Mr Paul William Hamill 25/07/2017
309 Mrs Suzanne Hare 25/07/2017
0 Mr Jamie Harries 1 25/07/2017
31 Ms Samantha Harrison 26/07/2017
342 ‘Mr Paul Harry 25/07/2017
313 Mr Christopher Head 26/07/2017
344 I Mr John Heath 25/07/2017
315 Mrs Joanne Patricia Hedger 25/07/2017
346 Miss Moira Hegarty 25/07/2017
Eira Me Charles Henderson a 25/07/2017,
Mrs Jeanette Hendrie 25/07/2017
Mrs Anthea Heron 25/07/2017
Mr Kevin Hewitt 25/07/2017
MrMichael Hill 25/07/2017
Mr Alan Holmes 26/07/2017
Mr John R. Hoit 25/07/2017
Mrs Patricia Holt 25/07/2017 7}
Mrs Waheeda Hussain 26/07/2017
Mr Alan Hyam 25/07/2017
Mrs isabella Hyndman 25/07/2017
Ibstock Community Enterprises Limited, i 25/07/2017
Related individuals: Claimants 156 and 444 :
330 Mr Zahid Iqbal 25/07/2017
331 Ms Rosalyn Isaac 25/07/2017
332__I Mrs Tracey irwin 2510712017
333, Mr Stuart James 25/07/2017
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Claimant Claimant's Full Name Claimant's Home Address Date of entry on
No. (including title) Group Register
334 Ms Rajpal Kaur 25/07/2017
335, Ms Sukhjit Jando i 25/07/2017
336 Me Re
3 AG Morison LLP, ‘elated individual: G RO 25/07/2017
337__I_Mr’Neii Johnson 25/07/2017
338 Mr Shane Johnson 25/07/2017
339 I Mr Stephen Johnson 25/07/2017
C 340 Mr Emyr Jones 25/07/2017
341 Mr Deepak Joshi 25/07/2017
342 Mr David Anthony Judge 25/07/2017
343 Mr Dipek Kanda 25/07/2017
344 Mrs Baljinder Kaur 26/07/2017
345 I Mrs indent Kaur 25/07/2017
“346 I Mrs Kalwant Kaur 25107 /2017
I M7 Ms Lakhwinder Kaur 25/07/2017
[349 I Mrs Nachhatro Kaur 25/07/2017
350 Mrs Ravinder Kaur 25/07/2017
384 I Mr Kashmir Kaur-Gil 25107 /2017
352 Mr Mark Francis Brian Kelly 25/07/2017
353 I Mr Mohammed Asaf Khan 25072017
354 Mr Mohammed Javid Khan 25/07/2017
Mrs Nisha Khan 25/07/2017
Mr Mailvaganam Kirupakaran 25/07/2017
Mr Satwant Kooner 25/07/2017
Mrs Gita Lawrence 25/07/2017
I [Anonymous Order] I 25/07/2017
Mr Martin Legat _& 25/07/2017
Ms Janet Little 25/07/2017
Ms Linda Little 25/07/2017
Ms Pamela Lock - 2510712017
Mrs Maria Lockwood 25/07/2017
Mr Keith Lofthouse 25/07/2017
Mr Keith Macaldowie 25/07/2017
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Claimant Claimant's Full Name Claimant's Home Address Date of entry on
No. (including title) Group Register
370I Mr Brian Macauley, (Claim of B.0.N. GRO. i 25/07/2017
Kilmaurs Limited (Claimant Number 528) has
been assigned to Mr Brian Macauley on 4
October 2019)
374__I Mr Davin Madhavi 25/07/2017
373 _ I Mr Dean Joseph Martin 25/07/2017
374 I Mr Gordon Eric Martin 25/07/2017
375 I Martock Limited, Related individual: Claimant 25/07/2017
303
376 I Mr Veluramylum Mathiy ! GRO 25107/2017
377__ I Mrs Jacqueline McDonald 25I07/2017
379 __I_Mes Jacky McEwan ! 25/07/2017
380 Miss Tracy McFadden t GRO } 25/07/2017
381 I Mr Terence McGuinness GRO 25/07/2017
382 I Mr Paul McKay 26/07/2017
383 I Mrs Susan McKnight GRO i 25/07/2017
384 I Mrs Doreen McQutliam GRO. 25/07/2017
385 I MH & N Services Limited, Related individual: GRO H 25/07/2017
Claimant 490
~386__I_Mrs Shamim Bano Mir 25/07/2017
387 I Mr Ednan Mirza GRO 2507/2017
388 I Mr Manharial Mistry GRO. —_ 25/07/2017
389 Mrs Fatima Rafique Mohammed GRO 25/07/2017
381 I Mohuns Limited, Related individual: Claimant — — ‘GRO 25107/2017
392 I Mr Wiliam Rober Morison GRO. 25/07/2017
393 I Mr Alistair Murray 25/07/2017
___384 I Mr Colin Mustoe 25/07/2017
396 I Mr Osman Naseem i 25/07/2017
307 I _MrMohammed Nawaz 25/07/2017
398 I Mrs Razia Nawaz 25/07/2017
399 I _MrAlan Nicholas 2107/2017
400 I Mrs Sajida Noor 25/07/2017
401 I Mrs Haydi O'Brien 5107/2017
11/89505833_1
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Claimant Claimant's Full Name Claimant's Home Address Date of entry on
No. (including title) Group Register
402__ I Mrs Dawn Paula O'Connell 5107/2017
403 I MrMahesh Odedra _ 25/07/2017
404 I Mrs Leona O'Donnell 25/07/2017
405 I Mr Aidan ODwyer 25/07/2047
406 I Mrs Amy OF arrelt 25/07/2017
407 I Mrlain Orr 25/07/2017
408 I Mr Andrew Gienn Owen 25/07/2017
409 I Mrs Wendy Owen BIOTI2017
411 I MrKevin Palmer 25/07/2017
443. I Mr Anil Pandit 25/07/2017
414 I Mr Anilohai Patel 25/07/2017
I__§15 I Mrs Chhaya Patel 25/07/2017
416 I Mr Jagdish Pate? 25/07/2017
447__I Mr Jaymesh Patel 25/07/2017
419 I _MrNemesh Patel 7 25/07/2017
420 Anonymity Order Anonymity Order. 26/07/2017
424 I "Mrs Rasika Patel GRO. H 25/07/2017
422 I MrSanjayPatel SS GRO. ~ 25/07/2017
423 I Mr Viduyat Patel 25/07/2017
424 I Mr Anup Kumar Patny 25/07/2017
425 __I_ Mr Stephen Pengelly-Hoskin 25/07/2017
426 I Ms Yvonne Irene Phillips 25/07/2017
427__ I Ms Anna Piggott 25/07/2017
428 I Mrs Barbara Valerie Poole 25/07/2017
430 I Mr Geoffrey Pound 25/07/2017
431__I Mrs Barbara Prescott ~~ 3507i2017
432___I Mr Victor Price 2/07/2017
433 I MrJames Quinn 25/07/2017
434 [Mrs Sharon Quinn B5I07/2017
435. I Mes iffat Rahim 25/07/2017
436 I MrPovinder Singh Rai 25/07/2017
437__I Rainbow Convenience Limited 25/07/2017
438 I Mr Velummiun Rajkumar 25/07/2017
197595055331
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Claimant Claimant's Full Name Claimant's Home Address Date of entry on
No. (including title) Group Register
439 I Mrs Stephanie Reilly _. 25/07/2017
441 I Mrs Sandra Richardson i 2/07/2017
442 I Mrs Marceline Rogan 25/07/2017
443 I Mr Gary Rooke 25/07/2017
444 I Mrs Susan Rudkin Hl 25/07/2017
445 I Mr Manjit Singh Rukar 25/07/2017
446 I Mrs Hazel Ryder 25/07/2017
447 I” Mr Ashok Sagar 25/07/2017
448 I Mr Mohammed Sajid 25/07/2017
449 I Mr Burhan Fahd Saleem 25/07/2017
450 I Mr Humayun Saleem 25/07/2017
451 I Mr Baljeet Singh Sandhu 25/07/2017
453. I Mr Sukhvir Sandhu 25/07/2017
485 I Mr Christopher Schnepp 25/07/2017
456___I Mr Darell John Martin Sedgwick GRO I 25/07/2017
457 I Mr Terrence Seeney GRO i 25/07/2017
Mrs Mary Semple 25/07/2017
Mr Gerald Shadbolt 25/07/2017
Mr Nayan Shah 25/07/2017
Mr Matcoim John Simpson GRO k ‘25/07/2017
Mr Ajmair Singh i 25/07/2017
Mr Gurpreet Singh fl 25/07/2017
kn ,- i 25/07/2017
Mr Kuldeep Singh 25/07/2017
Mr Madan Mohan Singh j 25/07/2017
Mr Nirmal Singh H 25/07/2017
MPaiSingh GROSS i 25/07/2017
Mr Parmjit Singh 25/07/2017
Mr Steve Sukhvinder Si T 25/07/2017
_. Anonyn I ‘Anonymity Order ° _ 26/07/2017
‘Mr Baivinder Singh-Gill GRO i 25/07/2017
Mr Gumam Singh-Gill GRO 1 2507/2017 _—I
‘Mr Trevor Smediey GRO i 25/07/2017
14/59505593_1
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Claimant Claimant's Full Name Claimant's Home Address Date of entry on
No. (Including title) Group Register
476 I Mr Anthony Smith 25/07/2017
477 I Mrs Janet Smith the personal representative 25/07/2017
of Mr David Smith (deceased)
478 I” Mrs Bella Sood 25/07/2017
479 I_ Mrs Fiona Sood 25/07/2017
480 I Mr Jonathan Sowerby 25/07/2017
[481 I Mr Mark Spanswick 25/07/2017
I 482_I Mr Graham George Stanley 25/07/2017
[483 Mr John Edward Stephens: 25/07/2047
484 I Mr Andrew Coufl Stewart 25/07/2017
485 I Mr John George Stranger 25/07/2017
486 I Mrlan Straughan 25/07/2017
487 I Mrs Sonya Sultman 25/07/2017
488 I Mrs Sonya Suliman the personal 25/07/2017
representative of David Graham (deceased)
Mr Thiyagaraja Sumanoharan 25/07/2017
Mr Mark Sutherland 25/07/2017
Mrs Baljit Takher 25/07/2017
Mr Jayesh Tank 2510712017
~ "Mrs Ann Tasker 25/07/2017
Mr Julian Taylor-Green 25/07/2017
Margaret Thompson GRO 25/07/2017
Mrs Denise Thompson ~ Lunt GRO i 25/07/2017
Mr David Thomton the personal GRO 2510772017
representative of Amy Thomton (deceased) ‘
499 L GRO. 25/07/2017
500 ee [2 T 25/07/2017
501 I MrJason Tumer SRO. . 25/07/2017
502 Mrs Kerry Tumer GRO 25/07/2017
503 I_Mr John Valentine i GRO 25)07/2017
504 I McRobert Alan Waite ~ GRO 25/07/2017
505 I I !Anonymous Order I [Anonymous Order] i 25/07/2017.
506 I Mrs Gail Lesley Ward [ 25/07/2017
11/59505593_4
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Claimant Claimant's Full Namo —_ Claimant's Home Address Date of entry on
(including title) Group Register
Mr David John Welch 25/07/2017
Mrs Gillian White 25/07/2017
‘Mrs Jacolyn Willcox 25/07/2017
810 _I_Mrs Heather Sarah Wiliams 25/07/2017
512 I MrJeffrey Wilson 25/07/2017
$13 I Mrs Paula Winwood 25/07/2017
514 I MrJames Withers 25/07/2017
518 I Mrs Allyson Wood 25/07/2017
516 I Mrs Susan Wood 2510712017
817__I_Mr Wiliam Worton 25/07/2017
518 I MrWiliam Leslie Wight 250712017
519 I Mr Mohammed Amir Yasin 25/07/2017
520 I Yasin Retail Limited, Related individual: 2507/2017
Claimant 519
521 Ms Joanna Louise Young 25/07/2017
522__I_MrNasir Zamir 25/07/2017
523 I Mr Shahzada Tamour Ahmed o7/t2r2017
524__I Mr Archie Anti, Related Company. 672 o7/izia0i7
528 I Mr Brian Aris, OFA2I2017
526 _I_Mrs Sinduja Balasundaram O722017
527 I Barca investments UK Limited, Related O712/2017
Individual: Claimant §38
528 I B.ON. Kilmaurs Limited, Related Individual O7/A2I2017
370
529__I Mr Parmajit Singh Bhandal OVAzI01F
530 I “Mr David Charles Blakey, Previous Claimant O7/12a017
Number: 225
"334 Mr John Anthony Bowman 07/12/2017
532 I Mrs Lisa Margaret Brennan, Previous OTAZ2017
Claimant Number: 229
Mr Edward Brown o7/izr2017
Brown's Convenience Ltd, Related Individual o7/t2i2017
231
535 I Celestia Retail Limited 07/2/2017
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Claimant Claimant's Full Name Claimant's Home Address Date of entry on
No. (including title) Group Register
536 I Mr Tariq Chishti, Related Company: 585 07/12/2017
537__I Ms Geeta Choudry 07/12/2017
I __ 538 ian. Related Company: 527 07/42/2017
540 I i 07/42/2017
844 I Mr Lakhjit Dhami {
542 I Mrs Lesley Gaye Dunderdale, Previous 07/42/2017
Claimant Number: 275
843 I Ms Tracey Ann English, Previous Claimant 07/42/2017
Number: 282
544 I” Mr Richard Andrew Finlow, Previous I 07/12/2017
Claimant Number. 293 i . I
545 I Fortunefort Limited, Related individual: 494 GRO 07/42/2017
$46 I Mrs Menna Garland- Ellis and Jonathan 07/42/2017
Garland the Personal Representatives of
Michael Garland (deceased), Previous
Claimant Number: 296
__5a7__I Ms Debbie Hall i 07/12/2017
$48 I Healthcare Republic Ltd, Related Individual: 07/12/2017
207
549 I Mr Michael Robert Hibbs O7/42/2017
550 I Mrs Marion Holmes in her capacity as the I 07/42/2017
personal representative of Peter Holmes
(deceased), Previous Claimant Number: 75,
551 I Mrs Mary Horsiey 07/42/2017
552 I Ms Saima Iqbal 07/42/2017
I__553__I Ms Christine Anne Johnson 07/72/2017
554 I Ms Manjit Kaur, Previous Claimant Number: 07/12/2017
348
555 I Mr Christopher Keast . o7/42/2017
556 I Lake Avenue Limited, Related individual: 403 i O7/42/2017
587 I Ms Donna Marie Lanaghan, Previous " 07/12/2017
Claimant Number: 359 I
558 I Mr Gurdev Mahal 07/42/2017
859 I Mr Tahir Mahmood 07/12/2017
560 I Mrs Tracey Major i 07/12/2017
11/59505533_1
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Claimant Ciaimant’s Full Name Claimant's Home Address Date of entry on
No. (inctuding title) Group Register
561 I Ms Deborah Mann, Previous Claimant 0712/2017
Number, 372
LL 563 Mrs Fiona McQuilliam - Jenkins t 07/12/2017
564 I Mr Senepathy Ponnampalam Narenthiran, 07/12/2017
Previous Claimant Number: 395
Me Malik Ansar Nazar 07/12/2017
Nerlux Limited, Related individual: 376 o7/t2i2017
567 Mr Cail Page, Previous Claimant Number: 07/12/2017
410
“568 I MrDivyesh Palana o7/t2i2017
P69 I Mrs Suzanne Lesiey Palmer, Previous 07/12/2017
Claimant Number: 412
$70 Mr Rakesh Patel i 07/12/2017
571 Mr Harijayanthan Ponnaiahpillai L .. _. 07; 2017
872 I Post & Pack itd, Related individual: 524 I - “07/42/2017
873 Ms Louisa Powell 07/12/2017
$74 I Ms Kathleen Preece I 7/12/2017
“875 I Mr Ram Ranavaya “ O71 2/2017
376 I Mr Mohammad Yaseen Rasul GRO 0722017 I
7 e" it O7/4212017
m tir James Richards, Previous Caknant GRO 2120
“578__I MrJamies Alan Sanderson o7/12i2017
573 Sanghera Bros Limited, Related Individual: O7/12/2017
454
580 SRCC Stores Limited, Related individual: 07/12/2017
333
[681 I MrKanapathipiliai Sathyan 07/42/2017
582 Mrs Carole Statham 07/12/2017
583 Strathardie Trading Community Interest 0722017
Company I
‘Sue Hill Limited ~ 07/12/2017
TC Retail Limited, Linked individual: 636 I O7/122017
‘Mir Hughie Noel Thomas, Previous Claimant I onhenot7
Number. 177 j
587__I Mr Robert Thomson orzo? I
19759505533_1
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Claimant Claimant's Full Name “ Claimant's Home Address Date of entry on
No. (including titie) Group Register
588 Mrs Rita Threffail, Previo Jaimant i ti
Nonkee ine revious Claimant GRO i 07/42/2017
Ms Nisha Vithiani o7/t2i2017
Ms Helen Walker 07/42/2017
Ms Penelope Williams, Previous Claimant O7N22017
Number: 517
592__I_ Mr Abrar Yasin 07/12/2017
19/59505633_1 %
SCHEDULE 2
All claims howsoever arising, whether direct or indirect, relating to actual or alleged:
44,
Shortfails
Loss of investment and capital losses of any type whatsoever including without limitation
losses linked to the purchase, fit-out, stocking, refit, improvement and resale of premises,
equipment and stock including those relating to the Claimants’ retail and residential
premises and including those relating to goodwill
All claims for loss of earnings including those arising from suspensions, from failure to give
notice, or adequate notice, and for loss of earnings post termination
Damage to reputation or stigma including loss of trade, prejudice to future employment or
business prospects, loss of credit
All personal injuries including anxiety, distress and inconvenience and disappointed
expectations
Any and all losses related to bankruptcy and all other insolvency procedures
Claims for aggravated and exemplary damages
Claims for business interruption losses
Claims for the cost of litigation funding
Claims for restitutionary damages and/or any account of profit or other equitable remedies.
All other consequential losses, whether direct or indirect
All other losses which could have been claimed in the Action
Interest, costs and expenses
The Defendant's Counterclaims
Nothing in this Schedule shall be construed or taken to mean that a claim for Malicious Prosecution
has been settled or compromised in any way.
19/89508533_1 33
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SCHEDULE 3
CLAIMANTS WHO REMAIN IN POST AS SPMS
11199608533_4
Claimant Number First name/company name I Surname
6 Mohammed Zubair I Amir
I —
13 Carol / Bains
22 Neha I Gautum (nee Bhardwaj)
24 Harpeet Singh L Bhondi
26 Amanda Jutie I Bissett
46 Adrian I Corner
4g Pauline I Coyle
54 Sukhwant Singh Dosanjh
T
56 Sathiaseelan \ Easwarakumar
T
62 Harkamel I Ghag
+
67 Sally I Graham
70 Mohammed Haneef
87 Cledwyn Pierce Jones.
104 Hitesh Korat
114 Susan Elizabeth Mansfield
143 Gary Massey
134 Sivanesarajah Pakeerathan
133, Jotika Patel
137 George Patterson
138 Tracy Ann Paynter
144 Steve Bryan Phillips
147 Thomas Reed Morris
150 Brian Richardson I
1
151 James Richardson i
173 Sally Mary Kathleen Stringer
183 Lynne Veen
34
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Claimant Number First name/company name Sumame
189 Paul Thomas James I Wavish
202 Taugeer [ Ahmed
209 Pritpal I Atwal
212 Sarbjit I Bains
217 Bargain Booze (Porth) Limited I
218 cyri I Bares I
223 Halima I Bhamji
224 ; B Joshi Limited i
232 Nicole Marie I Brown
243 Nancy I Chant
250 Christian I Clement
252 Convenience Store Limited '
256 Gordon Cowie
268 Dean & Smediey Limited
274 Parmjit Kaur Deo
288 Mujahid ul Aziz Faisal
209 a rder
300 Anonymity Order
304 Kenneth Graham
309 Suzanne Hare
312 Paul - Harry
w7 “I Charies - Henderson
319 ; Anthea Heron
326 Waheeda Hussain
329 ibstock Community Enterprises Limited “I
332 Tracey Jane Irwin
336 : JC Morrison LLP I
4200C~C~C~*~*S David Judge
344 Baljinder I Kaur
11/89808533_1 38
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Claimant Number First name/company name Surname
350 Ravinder Kaur
355 Nisha Khan
357 Satwant Kooner
371 Davin Madhavji
373 Dean Joseph Martin
375 Martock Limited
378 Jacky McEwan
381 Terence McGuinness
382 Paul Andrew McKay
388 Manharial Mistry
392 William Robert Morrison
400 Sajida Noor
414 Anilbhai Patel
417 Jaymesh Patel
423 Viduyat Patel
424 Anup Kumar Patny
428 Barbara Valerie Poole
James Quinn I
_ - a a cam
437 Rainbow Convenience Limited
439 Stephanie Reilly
443 Gary Rooke
447 Ashok Sagar
448 Mohammed Sajid
460 Nayan Shah
463 Ajmair Singh (Singh Dulai)
465 Jaswinder Singh
468 Nirmal Singh
470 Parmijit Singh
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Claimant Number First name/company name Surname
478 Belia Sood
491 Baljit Takher
496 Denise Thompson - Lunt
502 Kerry Turner
504 Robert Alan
521 Joanna Louise
524 Archie
525 Brian Artis
527 Barca Investments UK Limited
534 Brown's Convenience Ltd
544 Lakh Dhami
545 Fortunefort Limited
552 Saima Iqbal
556 Lake Avenue Limited
568 Divyesh Palana
578 James Alan Sanderson
579 Sanghera Bros Limited
i
580 SRCC Stores Limited
589 Nisha Vithlani
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SCHEDULE 4
DRAFT TOMLIN ORDER
THE POST OFFICE GROUP LITIGATION
Claim Nos. HQ16X01238, HQ17X02637
& HQI7X04248
IN THE HIGH COURT OF JUSTICE
UEEN'S BENCH DIVISION
BEFORE: The Hon. Mr Justice Fraser
BETWEEN:-
ALAN BATES & OTHERS
~and—
POST OFFICE LIMITED
Defendant
[Draft] TOMLIN ORDER
UPON the parties reaching the terms of settlement set out in Confidential Schedule I to
this Order in compromise of claims and counterclaims in these proceedings and related
matters, save for claims referred to in paragraph 3 below
AND UPON the parties’ joint application for grant of an order in the terms set out herein
AND UPON hearing Leading Counsel for the Claimants and Leading Counsel for the
Defendant
BY CONSENT, IT IS ORDERED THAT:-
Stay of proceedings
1. Subject to paragraphs 2 to 3 of this Order, all proceedings in this action be stayed
upon the terms set out in Confidential Schedule I to this Order, save for the purposes
19/59805833_1 38
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of enforcement of those terms of settlement that are identified in Part A of
Confidential Schedule H to this Order, for which purpose there be liberty to apply.
Discharge of Group Litigation Order and discontinuance of claims
2. The Claimants shall apply to discharge the Group Litigation Order dated 22 March
2017 and discontinue ali claims in these proceedings with no further order as to costs
by no later than 4pm on 31 January 2020, upon compliance with the requirements in
Part B of Confidential Schedule I] to this Order.
Malicious prosecution claims by Convicted Claimants
3. Neither the stay in paragraph I of this Order, nor the discontinuance provided for in
paragraph 2 of this Order, shall prejudice the right of any convicted claimant to bring
an individual claim for malicious prosecution which, for the avoidance of doubt, have
not been compromised under the terms of Confidential Schedule I to this Order.
Court file
4. Confidential Schedules { and II to this Order shall not be available on the Court File
for inspection.
Security for costs
5. The Claimants are released from any requirement under the Order for Security for
Costs dated 27 September 2018 to give or maintain security for the Defendant's costs.
6. The Defendant's application dated 16 February 2018 to add Therium Litigation
Funding IC as a party to this litigation and for security for costs pursuant to CPR
1.25.14 is dismissed, with no order as to costs.
Costs
7. Save as previously ordered in these proceedings, there be no further order as to
common or individual costs in these proceedings or as to any costs incurred prior to
the date of this Order.
Date:
11/59508633_1 38
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Freeths LLP Womble Bond Dickinson (UK) LLP
West One, Floor 3 Oceana House
100 Wellington Street 34-49 Commercial Road
Leeds Southampton
LS1 4LT SO16 1GA
Ref: JXH/1684/2113818/1/KL Ref: AP6/364065.01369
Solicitors for the Claimants
Solicitors for the Defendant
19/99505533_1
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THE POST OFFICE GROUP LITIGATION
Claim Nos. HQ16X01238,
HQ17X02637 & HQ17X04248
IN THE HIGH COURT OF JUSTICE
Before The Hon. Mr Justice Fraser
BET WEEN:-
ALAN BATES & OTHERS
Claimants
—and —
POST OFFICE LIMITED
Defendant
CONFIDENTIAL SCHEDULE I
TO TOMLIN ORDER
Confidential Deed of Settlement between the parties dated [date]
41/59805533,,1 at
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THE POST OFFICE GROUP LITIGATION
Claim Nos. HQ16X01238,
HQ1I7X02637 &HQ1I7X04248
IN THE HIGH COURT OF JUSTICE
U 'S BENCH DIVISION
Before The Hon. Mr Justice Fraser
BET WEEN:-
ALAN BATES & OTHERS
Claimants
—and —
POST OFFICE LIMITED
Defendant
CONFIDENTIAL SCHEDULE I
TO TOMLIN ORDER
PART A
The following are the terms of settlement in the Confidential Deed of Settlement
which are enforceable by the Court under Paragraph 1 of this Order:
1. Section 2 (Clauses 2.1 to 2.3);
2. Section 4 (Clauses 4.1 to 4.4);
3. Section 12 (Clauses 12.1 to 12.8); and
4. Section 13 (Clauses 13.1.2 and 13.1.3).
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PART B
The requirements referred to in paragraph 2 of this Order are:
1. Receipt of the Cash Settlement Sum under Clause 2.1 of Confidential I to this
Order;
2. Receipt by the Claimants' Solicitors of a letter from solicitors acting for the
Defendant confirming that Leading Counsel has been instructed in accordance with
Clause 7.3.1 of Confidential Schedule I to this Order;
3. Release of the Joint Press Statement referred to in Clause 12.1 of Confidential
Schedule I to this Order;
4. Receipt by the Claimants’ Solicitors of confirmation that the Defendant has
established a mediation procedure for the purposes of Clause 9.5 of Confidential
Schedule I to the satisfaction of Charles Flint QC and Stephen Ruttle QC.
111508058331 8
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SCHEDULE 5
PLAN FOR IMPROVEMENTS
New On-boarding processes:
More Training ~ in addition to on-site / in-branch training opportunities, classroom training
is now available 5 days a week at 18 classroom sites across the country.
More Trainers ~ the investment in training has increased, with a team now comprising 18
classroom-based trainers and 40 on-site / in-branch trainers.
New Training Modules ~ new training modules have been introduced which target specific
products (e.g. ATMs and Lottery), and branch accounting and balancing.
New Business Support Managers ~ this new role has been created so that each new
SPM has a dedicated Business Support Manager available to assist them during their first
6 months of service, with the option of further support after that time if required. There are
20 Business Support Managers.
New Handover Process ~— Business Support Managers formally handover branch support
activity to dedicated Area Managers once a capability assessment has been completed,
which addresses matters including Horizon navigation, branch accounting and balancing,
and cash declarations and management.
New Branch Support model:
SPM Engagement — new channels are being explored to increase the levels of
engagement with SPMs which create opportunities to listen and share.
New Area Managers - 94 new Area Managers have been deployed to support SPMs' day
to day activities, providing each and every SPM with a named individual allocated to their
branch, who will visit the branch through the course of the year and can be called on to
discuss matters concerning their specific branch.
New Branch Support Tools — a new set of tools is being developed to help SPMs with the
health of their business as a whole (i.e. not just the Post Office), including P&L, customer
experience and store design.
increased Agent Remuneration — a further £20m has been invested in agents’
remuneration for 2020/21, an top of the £17m p.a. increases for banking, fixed
remuneration for community branches, Mailwork services and Mails products.
Transaction Corrections - new quality control has been implemented for clarity and
accuracy in Transaction Corrections.
Transaction Correction Disputes Team — a dedicated team has been mobilised to help
SPMs if they do not agree with a Transaction Correction.
Tier 2 Branch Support - dedicated Case Handlers have been appointed to investigate
discrepancies if a Tier 1 cali is unable to resolve the issue.
Horizon Knowledge Based Faults (KBFs, formerly known as KELs) — work has been
undertaken jointly with IT and Fujitsu to identify known faults from Knowledge Based
Articles (KBAs) and Knowledge Based information (KBI).
KBF Process - a new process has been formalised which the Branch Support, Loss
Prevention and Area Manager teams can use to help identify faults when a SPM reports a
discrepancy.
Branch insight Tool — operational performance information is now available to all Area
Managers and Branch Support teams to facilitate supportive discussions with SPMs
around operational activity.
19159808533, 1 44
16.
47.
18
19,
20.
21.
22
23.
24,
25.
New approach to Branch Losses:
End-to-end process review ~ we have re-baselined ail processes relating to branch
losses including changes to discrepancy letters, options to dispute discrepancies and
discontinuance of practice of automatically deducting from remuneration.
New Loss Prevention Function — a new business function has been established which is
dedicated to mitigating risks of branch losses.
Loss Prevention Case Workers — a new team has been mobilised to administer the end-
to-end audit process and maintain clear, consolidated and consistent information for each
individual case.
Audit Attendance - all audits are now attended by a minimum of two auditors to promote
consistency and accuracy.
Audit Rationale Document — a new document explaining why an audit has been
scheduled is now shared with the branch operator at the start of an audit.
Telephone Quality Assurance ~ a new process has been implemented to receive post-
audit feedback from branches.
Revised case management process - new processes have been introduced to improve
speed of resolution for suspension cases.
Contract management restructure ~ teams have been restructured to improve decision-
making speed and consistency in suspension, termination and reinstatement cases.
Loss Recovery Call Monitoring - telephone calls are now being monitored for quality and
consistency.
Retail Crime Support — increased support is being provided to SPMs to promote security
compliance and reduce retail crime risks.
41/59605533_4 45
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SCHEDULE 6
TERMS OF REFERENCE
The following shail be the key terms of reference of the Historic Shortfall Group which may be
supplemented and/or amended by written and countersigned agreement between the parties:
4 Post Office shall establish a group led by the Post Office General Counsel and/or a senior
manager to deal with any issues in respect of shortfalls which arose between 2000 and the
Effective Date of this Agreement (the “Historic Shortfall Group’
2 The purpose of the Historic Shortfall Group shall be to set up a scheme (the "Historic
Shortfall Group Scheme”) to bring finality to SPMs in respect of all outstanding issues in
respect of shortfalls incurred between 1 January 2000 and the Effective Date of this
Agreement ("Historic Shortfalls") and to determine, in light of the Common Issues
Judgment and the Horizon Issues Judgment (once handed down) whether such shortfalls
should be paid, repaid or written off;
3. Notification: Within 3 months of the communication to SPMs of the Historic Shortfall
Group Scheme, any person wishing to apply to join that scheme (the “Applicant") shall
notify Post Office in writing of any outstanding issues in respect of historic shortfalls setting
out the basis for the application with sufficient evidence. This should be addressed to the
Office of the General Counsel and may be sent by post or personal delivery to Finsbury
Dials, 20 Finsbury Street, London, EC2Y 9AQ;
4. Information: Within 14 days or as soon as is reasonably practicable, the parties shall
provide each other with any obviously relevant information relating to the dispute and any
information reasonably available that the other party may request — the parties shall
cooperate in identifying such relevant information;
5. Evaluation and investigation: The Historic Shortfall Group shall evaluate and investigate
each case and establish a mechanism for the provision of further information if required;
6. HSG Good Faith Meeting: As soon as is practicable the Historic Shortfall Group shall
meet with the Applicant and endeavour to resolve in good faith all issues regarding any
outstanding shortfalls in good faith and in a manner that takes into account the legitimate
interests of Post Office and the Applicant (the "HSG Good Faith Meeting");
7. HSG Escalation Meeting: If the dispute is not resolved as a result of the HSG Good Faith
Meeting, either party may within 21 days escalate the dispute to a member of the
Defendant's senior management to be nominated by the CEO or the General Counsel who
will meet with the parties to seek to resolve the dispute (the "HSG Escalation Meeting"),
8 Mediation: if the dispute is not resolved as a result of the HSG Escalation Meeting, the
parties agree to seek to resolve the dispute under the cost-effective and accessible
mediation scheme as established by the Defendant;
9. HSG Small Disputes: Ali Disputes for sums totalling not more than £10,000 which are not
resolved at or as a result of the Mediation, shail be resolved by recourse to civil
proceedings in the County Court pursuant to the Small Claims Track and shail be subject
to the fee scale applicable thereto and the parties agree not to seek reallocation of the
proceedings to the Fast Track or the Multi Track;
10. HSG Larger Disputes: All Disputes for sums totalling in excess of £10,000 which are not
resolved at or as a result of the Mediation, shall be referred to and finally determined by
arbitration under the Arbitration Act 1996. The appointing authority shall be Charles Flint
QC and Stephen Ruttle QC, the number of arbitrators shall be one, the seat of arbitration
shail be London, England and the ianguage of the arbitration shall be English
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SCHEDULE 7
JOINT PRESS STATEMENT
The Parties to the Group Litigation in Bates v Post Office are pleased to report that they have
reached a comprehensive resolution to their long-running litigation in the High Court, following
several days of respectful, challenging, and ultimately successful mediation during which the
parties engaged with each other in good faith.
The Post Office would like to express its gratitude to claimants, and particularly those who attended
the mediation in person to share their experiences with us, for holding us to account in
circumstances where, in the past, we have fallen short and we apologise to those affected.
The Post Office is committed to applying the lessons it has learnt. its new Chief Executive Officer,
who joined in September and fed this drive to a mediated resolution, is undertaking an ambitious
and sustained programme of changes to the Post Office's relationship with postmasters whose role
we recognise as being core to our future success, We fook forward to working in genuine
partnership with postmasters to seize the opportunities ahead of us and to continue to serve
communities across the country.
Post Office Chairman, Tim Parker, said:
"We are grateful to the claimants for taking part in this mediation and agreeing a settlement,
bringing the Group Litigation to a close. I am grateful to Nick Read for his important engagement in
the mediation process. We accept that, in the past, we got things wrong in cur dealings with a
number of postmasters and we look forward to moving ahead now, with our new CEO currently
leading a major overhaul of our engagement and relationship with postmasters."
Nick Read commented:
"I am very pleased we have been able to find a resolution to this longstanding dispute. Our
business needs to take on board some important lessons about the way we work with postmasters.
and I am determined that it will do so.
We are committed to a reset in our relationship with postmasters, placing them alongside our
customers at the centre of our business. As we agree to close this difficult chapter, we look forward
fo continuing the hard work ahead of us in shaping a modern and dynamic Post Office, serving
customers in a genuine commercial partnership with postmasters, for the benefit of communities
across the UK."
Alan Bates commented:
"The Steering Committee would like to thank Nick Read, the new CEO of Post Office, for his
leadership, engagement and determination in helping to reach a settlement of this long running
dispute. During the mediation, it became clear that he intends to reset the relationship between the
Post Office and its Subpostmasters and put in place new processes and support for them, as part
of a wider programme of improvements.
it would seem that from the positive discussions with Post Office's new CEO, Nick Read, that there
is a genuine desire to move on from these legacy issues and learn lessons from the past.”
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