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Message
From: Rodric Williams;
Sent: 28/01/2019 11:29:25
To: Andrew Parsons [/o=Exchange-Org/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=ad9ed344815e47e4aaa3c0e7e1740919-Andrew Pars]
cc: Amy Prime [/o=Exchange-Org/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=ab7222dda3a9453eaed5751238a59562-Amy Prime]
Subject: RE: Post Office Group Litigation - Update on Mediation / Potential Mediators - CONFIDENTIAL & SUBJECT TO LEGAL
PRIVILEGE - DO NOT FORWARD [WBDUK-AC.FID26896945]
Thanks Andy.
Jane was going to send my email to Paula and Al, so we’ll need that feedback from her before we go back to
Freeths. We can clarify this with her this afternoon, but I suggest you pull together the reading list in the meantime, as
that will be required whomever is ultimately appointed, or to give to someone (e.g. Pres of the Law Socieety) if we
cannot agree the appointment and need someone to make it for us.
Rod
From: Andrew Parsons
Sent: 28 January 2019 10:18
To: Rodric Williams,
Cc: Amy Prime <
Subject: FW: Pos! ice Group Litigation - Update on Mediation / Potential Mediators - CONFIDENTIAL & SUBJECT TO
LEGAL PRIVILEGE - DO NOT FORWARD [WBDUK-AC.FID26896945]
Rod
I think that is everyone's agreement other than Jane. Did she speak to you about this?
if she agrees too, then we'll send a letter back fo Freeths that confirms Charles Flint. The plan is to send a simple and
unobjectionable reading list to Freeths for approval. We can then get CFQC (I think this is now the 7! QC instructed on
this matter?!!!) read in and up to speed. After that, we will then think about how we can start using him as leverage
against Freeths.
Kind regards
Andy
Andrew Parsons
Partner
Wombie Bond Dickinson (UK) LLP.
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From: Nick Beal G
Sent: 28 January 2019 09:40
To: Rodric Williams; Jane MacLeod; Angela Van-Den-Bogerd; Mark R Davies; Stuart Nesbit; Patrick Bourke; Thomas P
Moran; Melanie Corfield; Catherine Hamilton; Julie Thomas; Mark Underwood1
Cc: Andrew Parsons
Subject: RE: Post Office Group Litigation - Update on Mediation / Potential Mediators - CONFIDENTIAL & SUBJECT TO
LEGAL PRIVILEGE - DO NOT FORWARD
Agreed by me
Nick Beal
Head of Agents’ Development & Remuneration
Retail Business Unit
20 Finsbury Street,
London
EC2Y 9AQ
From: Rodric Williams
Sent: 28 January 2019 I
To: Jane MacLeod <:
R Davies <
>: Patrick Bourke ; Rodric Williams
+ Melanie Corfield
}; Catherine Hamilton
}; Mark Underwood1
PRIVILEGE - DO NOT FORWARD
Post Office Group Litigation - CONFIDENTIAL & SUBJECT TO LEGAL PRIVILEGE - DO NOT FORWARD
All,
In February 2018 the Court ordered the parties to “use their reasonable endeavours to attend a mediation as soon as
practicable after receipt and consideration of the Judgment on the Common Issues to attempt to resolve or at least
narrow the dispute by way of mediation.”
The Claimants have to date rejected our proposals to mediate in accordance with the Court’s order, preferring to defer
mediation until after we have the judgment on the Horizon Issues trial. In doing so, the Claimants rejected our proposed
mediators (Bill Marsh and Phillip Howell-Richardson, whose CVs are attached), on the basis that they are not Queen’s
Counsel. They instead propose Michel Kallipetis QC, William Wood QC, and Charles Flint QC (CVs also attached).
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We do not agree with the Claimants’ reason for debarring the well qualified candidates we proposed. However, a
mediator can only be appointed if both parties agree, and although we could equally reject Claimants’ proposed
mediators, we recommend agreeing to Charles Flint being appointed as mediator, for the following reasons:
- He is well recognised in the top tier of commercial mediators.
- We have previous experience of using Michel Kallipetis, and question whether he will have the energy and drive
required to resolve this complex and multi-faceted dispute.
- The feedback on William Wood is that he may not be sufficiently forceful or persuasive, compared to Charles
Flint’s more assertive approach.
- Agreeing one of the Claimants’ proposed mediators for good, not solely pragmatic reasons resolves what could
otherwise be a time consuming satellite dispute.
- There is no tactical benefit to rejecting the Claimants’ proposals:
o the mediator is neutral, appointed equally by the parties to help them reach a consensual resolution of
their dispute;
o the mediator is not a judge, and cannot compel any party to do something they do not want to do;
© mediation is “without prejudice”, meaning the Court does not oversee how it is conducted.
- The risk of appointing the “wrong” mediator is typically confined to the time and expense wasted while they
acted as mediator:
o Although a party will not interview potential mediators prior to appointment (it could be seen to
compromise their neutrality), it can end a mediator’s appointment if it so chooses, e.g. if they lose
confidence in the mediator’s abilities.
Please let us know if you have any objection to proceeding with our recommendation, or have any other questions or
comments on the appointment of a mediator.
With thanks and kind regards, Rod
® Rodric Williams
Head of Legal - Dispute Resolution & Brand
20 Finsbury Street
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