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Message
From: Jane MacLeod [jane.macleod
Sent: 31/01/2018 18:31:17
To: Thomas P Moran [thomas.p.moran@‘~ Rodric Williams [rodric.williams:
cc: Andrew Parsons [andrew.parsonsI ; Mark Underwood1 [mark.underwood1@;
Melanie Corfield [melanie.corfield@i
Subject: RE: Postmaster Group Litigation - Disclosure ‘eleton Arguments - SUBJECT TO LEGAL PRIVILEGE - DO NOT
FORWARD.
Iwill share with Paula & Al, however just to reassure you, I had long discussions with Paula over the weekend about the
hearing, and briefed the Board on it on Monday.
Jane
® Jane MacLeod
POST Group Director of Lega’, Risk & Governance
Ground Floor
OFFICE 20 Finsbury Street
LONDON
EC2Y 9AQ
Mobile numbe:
From: Thomas P Moran
Sent: 31 January 2018 18:25
To: Rodric Williams <rodric.williams@
Cc: Andrew Parsons <andrew.parsons@ ; Mark Underwood! <mark.underwood1
Melanie Corfield <melanie.corfield@, >
Subject: RE: Postmaster Group Litigation - Disclosure CMC Skeleton Arguments - SUBJECT TO LEGAL PRIVILEGE - DO NOT
FORWARD
7p; Jane MacLeod <jane.macleod@_
Thanks, Rod
From a brief read this is a very helpful note, showing we are well prepared but can expect the unexpected.
{think it would be useful for you or Jane to share this with the GE/Paula and Al before Friday as it sets the context and
would remind them this is happening.
Mel ~ do we have a statement ready?
Tom
From: Rodric Williams
Sent: 31 January 2018 18:21
To: Jane MacLeod <j,
Cc: Andrew Parsons <
Melanie Corfield <melanie.corfiel >
Subject: Postmaster Group Litigation - Disclosure CMC Skeleton Arguments - SUBJECT TO LEGAL PRIVILEGE - DO NOT
FORWARD
SUBJECT TO LEGAL PRIVILEGE - DO NOT FORWARD
Jane, Tom,
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Friday’s Disclosure CMC has been listed for 9:15am. We will be told which Courtroom before close of play tomorrow.
In advance of the CMC I attach the parties’ “Skeleton Arguments”, which rehearse the legal positons the barristers will
be taking. The headline points are:
- Both parties acknowledge the constructive and cooperative approach taken since the last CMC, which has
resulted in substantial agreement between the parties.
- This includes agreement on the following matters which we proposed:
© The March 2019 hearing should be abandoned in favour of a Lead Cases trial in 2019/2020;
o Disclosure should be approached in discrete stages; and
o° Disclosure should be approached using the Court’s new proposed protocols for disclosure (the scope of
disclosure within those protocols remains disputed).
- Patrick Green QC does however level some criticisms at us concerning:
othe delivery of a witness statement, “Parsons 6”, which provides evidence about the practical effects of
the parties’ competing disclosure options (he says it’s “tendentious” and calculated to ambush; we
believe it was necessary and filed as soon as possible);
othe availability of Horizon data (he says we did not inform the Claimants that only post-October 2007
data was available until after Lead Claimants were selected; this is not the case, and have
correspondence which shows that);
o tinkering with the court timetable (he says we were wrong to try to agree facts before disclosure, when
the timetable provides for the other way around; we say we asked for an indicative draft of the facts
they would want to agree to help narrow disclosure).
- David Cavender QC aims not to rise to the bait, which he does not think will impress Mr Justice Fraser or
advance our cause.
- The main area of dispute will be the scope of evidence to be disclosed:
©. The Claimants continue to seek wide ranging disclosure covering matters which include (at a very
general level) how postmaster contracts operate in practice.
o. They say this is necessary to determine the “true meaning” of the contract and whether it should be
rewritten as they contend.
o Wesay that established legal principles restrict evidence on issues of contract construction (the main
purpose of the November 2018 trial) to what was known before the parties made their contract.
o Nevertheless, so as to be cooperative we have also offered to disclose documents relating to how the 12
Lead Claimants dealt with us after the contract was made.
- This issue should turn on how far Mr Justice Fraser wants:
oto let the Claimants develop their case on the “true meaning” of the contract, or to follow the more
orthodox approach to contract construction; and/or
© to embrace the principles of the new disclosure protocols.
- — It is also possible that the Court will consider timetabling for a Lead Cases trial to follow the November 2018
trial:
o. The Claimants propose no directions to trial, except that we provide disclosure for i
(ie. immediately before the November 2018 trial).
o We have proposed a timetable setting out the steps which need to be taken to a trial in May or October
2020.
- Progress on this issue will largely depend on how much court time is available.
in October 2018
Please let me know if you have any questions or comments.
Kind regards, Rod
® Rodric Williams
Head of Legal ~ Dispute Resolution & Brand
20 Finsbury Street
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