POL00041685
POL00041685
as
UK Government
Investments
Litigation Monitoring Protocol — Guidance
This document is intended to provide a framework for the drafting of a protocol to monitor ongoing
litigation, suitable for insertion into a submission to the Permanent Secretary. Note that this is a generic
framework only and different cases will require these provisions to be amended. Matters to be considered
in respect of certain of these amendments are included in [NOTE]s below.
As and if the case continues, we consider it appropriate to agree a protocol with you and with [the
organisation] to ensure that the Department is sighted on the progress and risks associated with this
case in a manner that is clear and to the satisfaction of all concerned.
We would be grateful for your views on the following proposal:
UKGI [, alongside [Department] Legal,] will revert to you with further submissions providing an update
on the progress of the case and any salient points arising out of it by reference to [three] specific
touchpoints, mostly derived from the litigation process (set out in the table below):
Touchpoint Expected Date Oversight
[Disclosure] {] UKGI submission ([timing]) providing factual updateI
jon case progress and [Company/ALB]’ Leading
(Counsel’s advice on the merits of [Company/ALB]’
position in light of the [disclosure exercise] andI
etting out risk mitigation strategies that!
[Company/ALB] is considering.
[Exchange of witness {J IUKGI submission ([timing]) providing factual updateI
statements] jon case progress and [Company/ALB]’ Leading,
{Counsel’s advice on the merits of [Company/ALB]’
position in light of [witness evidence] and an update}
lon progress of [Company/ALB] risk mitigationI
strategies.
{[Pre-each relevant {] UKGI submission ([timing]) providing factual updateI
hearing (>2 weeks)] jon case progress, [Company/ALB]’ Leading!
(Counsel’s view on state of [preparation for the}
hearing and proposed press and communication]
lines] by [Company/ALB]. [UKGI may arrange to send
ja representative to the hearing if necessary.]
[[Post-each relevant {] \UKGI submission ([timing]) providing factual updateI
hearing] jon case progress, [Company/ALB]’ LeadingI
(Counsel’s view on [outcome of hearing and any;
revision required to [Company/ALB] strategy].
INOTE: consider also whether there are any change of law and/or publication touchpoints which
should be included. At all times the view put forward will be that of the Company/ALB Leading
Counsel. At no point will UKGI or Department Legal form a view on any of these matters.]
POL00041685
POL00041685
as
UK Government
Investments
At each of these touchpoints, the progress of the case will be set out and, if necessary, the position and
views of the [relevant bodies / individuals] (and their relevant legal advisors), as required. [[Department]
Legal comment and input will be obtained, and they will be present at all key meetings which UKGI have
in relation to the litigation, however, they and UKGI will not provide an independent evaluation of the
litigation and its risks.