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SEPTEMBER 2013
POST OFFICE LIMITED MATTERS — DISPUTE RESOLUTION
PRIVILEGED AND CONFIDENTIAL — CLAIMS OVER £500K OR THOSE OF A SENSITIVE NATURE
NAMI BUSI a By
J
Horizon claims POL/HF/RW
Susan Crichton
This is also a separate agenda item for the
September 2013 Board meeting.
POL has received various claims from
subpostmasters (SPMs) alleging defects in the
Horizon system and POL’s internal processes.
These allegations were initially made in 5
claims brought through solicitors Shoosmiths.
Similar allegations have been made through:
- SPMs’ MPs;
- the “Justice for
Alliance” (JFSA);
- defences to court proceedings brought
by POL to recover debts from SPMs;
and
- direct contact with POL.
Subpostmasters
An independent investigator Second Sight
Support Services Ltd (Second Sight) has been
reviewing these allegations in consultation with
James Arbuthnot MP and JFSA.
On 08.07.13, Second Sight published an
Interim Report finding shortcomings in POL's
internal training and support to SPMs on the
Horizon system, but no systemic problems with
Horizon itself.
Following the Second Sight Interim Report,
on 27.08.13 POL launched a Mediation
Scheme aimed at finally resolving individual
complaints made about Horizon.
Submissions to the scheme close on
18.11.13.
Second Sight is continuing to investigate the
SPMs’ concerns. POL is cooperating with
those investigations.
POL is also reviewing past and present
criminal prosecutions brought against SPMs
to ensure they continue to satisfy the
evidential, public interest, and disclosure
standards required for prosecutions.
POL is not issuing any new criminal
summons pending the instruction of a new,
independent expert who can give evidence to
support the Horizon system. The process of
identifying this expert is underway.
To date, no claim has been made against
POL in the civil courts, and no appeal has
been made to the Court of Appeal against
any conviction obtained in the criminal
courts, following the Interim Report.
Bond Dickinson
Significant Litigation Report
Susan Crichton
16 September 2013
Page 1 of 4
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his SPM contract.
The SPM claimed that POL’s termination
process was flawed and infringed his Human
Rights. He has asked the court to review
POL's decision and find that it was unlawful
and/or an abuse of power.
POL is asking the Court to dismiss the claim
on the grounds that it is a commercial matter
which the Court cannot review, and in any
event POL did not breach the SPM's rights.
The matter has been listed for hearing in the
High Court, Birmingham on 12 and 13
December 2013, unless it is settled earlier.
POL will continue to explore options for
resolving the claim before any Court hearing.
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Claim for Judicial I POL/HF/RW I Angela A former subpostmaster (SPM) has sought I POL and the SPM will attempt to settle the I DAC
Review Van-Den-Bogerd “judicial review” of POL’s decision to terminate I dispute at mediation on 11 October 2013. Beachcrofts
Significant Litigation Report
Susan Crichton
16 September 2013
Page 2 of 4
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PART (B) — PRINCIPAL CRIMINAL CASES BROUGHT BY POST OFFICE LIMITED
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Two assistant sub postmasters accused of covering shortages by delaying
the processing of business deposits to Santander. Case concerned 40
deposit slips being suppressed with a total value of £34,115.50.
Both defendants pleaded guilty, and were sentenced to 5 months and 6 months
imprisonment (suspended for 12 months) respectively.
Sub postmaster accused of theft of £78,660.63.
Defendant pleaded guilty on 05.02.13 and was sentenced to 2 years imprisonment.
The parties are now awaiting a date from the Court to determine recovery of funds
under the Proceeds of Crime Act (POCA).
Sub postmasters accused of theft of £85,000.
Case discontinued on public interest grounds.
Subpostmaster accused of theft of £77,905.02.
The case has been committed to the Crown Court, which is yet to fix a date for trial.
POL has recovered £62,992.78 to date.
Subpostmaster accused of theft of £57,811.79.
Defendant pleaded guilty and on 28.11.12 was sentenced to 9 months imprisonment.
(suspended for 18 months) and 180 hours unpaid community work.
The parties are now awaiting a date from the Court to determine recovery of funds
under POCA. POL has recovered £43,988.03 to date.
Subpostmaster accused of two offences of theft of £9,999.43 and
£175,260, and two offences of false accounting.
The case has been committed to the Crown Court, which is yet to fix a date for trial.
A restraint order has been obtained to assist recovery of the financial loss under
POCA.
Subpostmaster accused of fraud of £115,172.11.
Defendant pleaded guilty and on 03.05.13 was sentenced to 16 months
imprisonment.
A final hearing has been set for 20.09.13 to determine the sum payable to POL.
Significant Litigation Report Susan Crichton Page 3 of 4
16 September 2013
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under POCA. POL has recovered £61,000 to date.
The parties are awaiting a date from the Court for a hearing to determine the details
for trial.
Defendant has stated that he intends to repay loss in full if no POCA proceeding are
Subpostmaster accused of theft of £197,107.36. commenced.
Subpostmaster accused of theft of £115,000. The Court has set a timetable to address recovery of funds under POCA.
POL has recovered £61,000 to date
Significant Litigation Report Susan Crichton Page 4 of 4
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