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Message
From:
Sent:
To:
“i; Julie Thomas
cc: Rodric Williams: Amy Prime
Subject: ‘Post Office Group Litigation - SUBJECT TO LEGAL PRIVILEGE - DO NOT FORWARD
All
We received last night the decision in relation to our strike out application which was heard last week. Unfortunately
we were not successful on the application:
- the application was decided on case management grounds for which the Managing Judge has considerable
discretion;
- applying that discretion, the Managing Judge set a very high threshold for strike out, and concluded that we had
not established to the necessary standard that the Claimants’ evidence could never be relevant to the case,
given the number of Common Issues, the “considerable legal analysis” each will require, and what our case on
those issues is.
- However he confirmed that he will apply properly the law on admissibility when it comes to trial, and that the
November 2018 Common Issues Trial will not rule on matters which concern Horizon or whether Post Office
actually “breached” its obligations to the Claimants (matters to which most of the disputed evidence goes and
which will be dealt with in later trials).
As previously discussed, the Managing Judge therefore appears to be continuing his theme of wanting to give the
Claimants their “day in court” while applying the orthodox legal position. That said, we lost the application and can
expect the Claimants to be awarded their costs of it when that question is dealt with on the first day of trial (estimated
to be c£120k).
In deciding the application, the Managing Judge was critical of our conduct of the case, including intimating that we
were not acting cooperatively and constructively in trying to resolve this litigation (which criticism was levelled equally
between the parties); and that we had impugned the court and its processes by making the application for improper
purposes.
This response is extremely disappointing given the approach we have been adopting, and his challenge as to the purpose
for which we had applied for strike out is at odds with comments he had made during various procedural hearings over
the past year. Nevertheless, we are refining our preparation for trial — including our reactive communications plan — in
the context of the Judge’s remarks.
Paula and Al are aware, and we have notified UKGI this afternoon.
Paula, Al, Mark D and myself will meet with the Minister, Perm Sec and others tomorrow afternoon, and will provide
updates thereafter.
Many thanks,
Jane
Jane MacLeod
Group Director of Legal, Risk & Governance
Ground Floor
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