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Message
From: Andrew Parson:
Sent: 20/04/2018 12:
To: Jane Macleod I Mark
Underwoot
ce: Ben Foat §
Subject: RE: Litigation and Appointment - next steps - STRICTLY CONFIDENTIAL [BD-4A.FID26896945]
Jane
The amended protocol gives UKGI unfettered access to information about the Group Litigation. From a privilege
perspective, that could still be workable — privilege should still apply to the information. The risk is a practical one — the
more information that is allowed to flow to UKGI, the greater the risk of an accidental release of privileged material.
UKGI have also significantly expanded POL's reporting requirements, in terms of frequency and level of detail. They also
want much of this in writing rather than verbally. This could be done but it would very be burdensome. This litigation
changes shape frequently and this could lead to weekly / fortnightly written reports. if we could water down one aspect, I
would go for the need to report in writing — that takes up the most time and presents the greatest risk of a leak.
Also ~ do we now need to extend this protocol to cover the potential CWU claim?
Kind regards
Andy
Andrew Parsons
Partner
Womble Bond Dickinson (UK) LLP
\ WOMBLE wombiebonddickinson.com
BOND
DICKINSON we ©
From: Jane MacLeod I
Sent: 20 April 2018 12:52
To: Andrew Parsons; Rodric Williams; Mark Underwood1
Cc: Ben Foat; Patrick Bourke
Subject: FW: Litigation and Appointment - next steps - STRICTLY CONFIDENTIAL
Importance: High
Andy
Your email was prescient ~ see below/attached (they sent through their version last night), and I wasn’t aware of a Perm
Sec briefing next week as driving the timetable ....
Jane
Ed Jane MacLeod
Group Director of Legai, Risk & Governance
Ground Floor
20 Finsbury Street
LONDON
EC2Y 9AQ
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From: Lambert, Helen - UKGI!__
Sent: 20 April 2018 12:08
To: Rodric Williams {~
Cc: O'Neill, Elizabeth I
Cooper, Tom - UKGI
Subject: RE: Litigation an:
Importance: High
Rodric, Jane
Having spoken with policy leads at UKGI this morning, there is a strong desire to get this protocol agreed in advance of
meeting with the permanent secretary next week.
Could you please let me know as a matter of urgency if you will not be able to provide your thoughts on the policy by
COP on Monday.
Many thanks
Helen
Helen Lambert I Legal Secondee
UK Government Investments
4 Victoria Street I London I SW1H OET
Sent: 19 April 2018 17:07
To
Cc: O'Neill, Elizabeth - UKGI Callard, Richard - UKGI <}
Cooper, Tom - UKGI <7 larké; Stephen - UKGI <
Subject: FW: Litigation and Appointment - next steps - STRICTLY CONFIDENTIAL
Rodric, Jane
Thank you for your draft protocol, a revised draft is attached.
As you indicate below, the case is being proactively managed by the Sir Peter Fraser and as such the timetable is liable to
change dramatically. Because of this, we were somewhat uncomfortable with the fact that there would be over two
months between dates on which BEIS/UKGI would receive a formal update. To alleviate this, we have suggested a
provision that allows BEIS/UKGI to be informed of any material change in the timetable.
We have also clarified somewhat the information which can be disclosed to BEIS/UKGI by Tom Cooper, to ensure that
his role on the Board and Sub-committee can be properly utilised, as well as suggesting measures to allow for more
expedient sharing of privileged information. We would consider that assessing this information on a case-by-case basis
would be disproportionate in the context of the relationship between BEIS, UKGI and POL.
Finally we have requested that legal counsel is provided with written updates to ensure that BEIS/UKGI is able to keep a
strong and accurate audit trail in respect of its oversight of the litigation.
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We trust that the wording in this protocol assists with your concerns in respect of disclosure of legally privileged
information more widely.
We would be happy to discuss these points with you in person or over the phone.
Separately, we have noted that Tom Cooper has been appointed to the board. We assume that you are therefore
content with the proposed appointment attached (which I sent to you on 23 March 2018). Is it possible to arrange for
this appointment letter to be issued?
Kind regards
Helen
Helen Lambert I Legal Secondee
UK Government Investments
1 Victoria Street I London I SW1H OET
From: Rodric Williams [mailto: ]
Sent: 27 March 2018 18:44
To: O'Neill, Elizabeth - UKGI <7
Cc: Jane MacLeod ¢ *
“+ Patrick Bourke
T callard, Richard - UKGI corr GRO nT Cooper,
if ért; Helen - UKGI
Subject: RE: Litigation and Appointment - next steps - STRICTLY CONFIDENTIAL
Elizabeth,
Thank you for sending through your draft protocol identifying the touchpoints in the Post Office Group Litigation on
which you would like visibility.
Your touchpoints overlap substantially the matters on which we will be reporting to our Board of Directors as part of our
governance for managing the litigation and its risks. That governance includes the establishment of a Board
Subcommittee to receive legal advice on Post Office’s defence as the litigation proceeds. Tom Cooper, BEIS/UKGI’s
shareholder representative on the Board, is a member of the Litigation Subcommittee, which will meet shortly before
full Board meetings so as to provide the full Board with contemporaneous, focussed updates.
In addition to the updates BEIS/UKGI will receive through its Board and Litigation Subcommittee representation, we are
also happy to provide updates on the litigation to BEIS/UKG!’s legal advisors. These should be done in-person or via
telephone conference call, immediately following the full Board meetings to ensure continuity and consistency of
reporting.
The above approach is reflected in the attached revised protocol, which is designed to protect Post Office’s claims to
legal professional privilege and attaches as appendices:
- a reporting timetable prepared around key stages in the litigation and our Board’s calendar; and
- the obligations which will accompany the disclosure of confidential information.
Please note that the litigation timetable is very likely to change in response to the proactive case management being
applied by the Managing Judge Sir Peter Fraser. It is also likely to change as the parties respond to developments in the
litigation itself. We do not however propose to make any changes to scheduled update meetings unless they require
Post Office to consider materially changing its approach to the litigation.
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We look forward to receiving your comments on our draft. I am very happy to discuss those in person or over the
telephone if you would find that easiest.
With kind regards, Rodric
# Rodric Williams
Head of Legal - Disoute Resolution & Brand
20 Finsbury Street
2017 Winner of the Global Postal Award for Customer
Experience
From: O'Neill, Elizabeth - UKG
Sent: 01 March 2018 15:51
To: Patrick Bourke <}
Cc: Jane MacLeod ¢ GRO
i Rodric Williams ¢ GRO Callard,
Cooper, Tom - UKGI < ambert, Helen - UKGI
Subject: Litigation and Appointment - next steps
Patrick, Helen,
Thank you for your time last week.
As discussed, I attach a standard form litigation protocol along the lines of what we would propose to submit to the
Permanent Secretary. As you will see, this sets out various touchpoints in the litigation process, and the steps we intend
to take to ensure the Permanent Secretary remains fully informed at each salient point.
If you are able to provide more detail on the litigation timetable, or indeed if you have any comments or suggestions, we
would be happy to amend the protocol bespoke to the current litigation.
Separately Id be grateful, as I indicated in my email to Helen on Monday, if in anticipation of Tom Cooper’s
appointment, you could let me know if you intend to agree an NDA similar to the one you have with Richard, and if so,
forward me the proposed text so that Tom and I may consider.
Kind regards,
Elizabeth
From: Patrick Bourke I
Sent: 23 February 2018 157107"
To: O'Neill, Elizabeth - UKGI <?
Cc: Jane MacLeod ¢ GRO
Richard - UKGI <}
Subject: Litigation Meeting
Dear Elizabeth
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It was a pleasure to meet with you this morning.
I just wanted to confirm that we have understood the need for an appropriately structured information flow in
relation to the matters we discussed earlier, and agree that some form of protocol to govern those arrangements
makes very good sense.
While recognising that there is no set format in this regard, it would nonetheless be helpful for us to draw
inspiration from similar arrangements you have put in place with other ALBs. You kindly offered to share
something with us for that purpose.
We will come back to you with our take on how this might work best in our case, having regard to the
particularities of our governance arrangements and the litigation itself.
In the meantime, do please feel free to get in touch if there is anything you'd like to discuss.
Kind regards
Patrick
# Patrick Bourke
Corporate Affairs Director
1% Floor
20 Finsbury Street
2017 Winner of the Global
Postal Award for Customer
Experience
London EC2Y 94Q
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