POL00042841
POL00042841
Message
From: Andrew Parsons
Sent: 29/07/2019 i
To: Ben Foat [B_ lucy.h.masoni_ GRO
Em: GRO ; David Parry
Sherrill Taggart
Subject: RE: ARA - Disclosure Paper [WBDUK-AC.FID26896:
Attachments: ARA GLO Starling July ARC Paper - Revised 29 July 19.docx
Ben
Updated paper attached, with revisions shown as track changes.
On the best information currently available, there are 61 convicted Claimants in the GLO, of which 31 have their cases
lodged with the CCRC. As Post Office's historic records of prosecutions are incomplete, the 61 Claimant number has not
been fully validated - for example sometimes Claimants say they have been convicted when they really mean prosecuted,
but the prosecution was dropped. Any disclosure of figures therefore has to be put carefully and suitably caveated. We
are confident that 31 Claimants have been referred to the CCRC (the total referred cases is 34 but 3 are not Claimants).
In theory, if a conviction is found to be unsafe this could give rise to compensation under a number of heads. Principally
this will be for malicious prosecution if the conviction has been brought in bad faith. Moreover, a unsafe conviction could
be because of a change in the underlying facts of the case, and those new facts could give rise to other claims eg. breach
of contract for unlawful termination. However, it should be noted that the mere fact that a conviction is unsafe does not
automatically expose Post Office to a claim for compensation in every case - there will need to be some other element,
such as having brought the prosecution maliciously. There will also be questions about whether the claim for
compensation lies against the state (as the body that convicts someone) or against Post Office (as the body bringing the
prosecution).
in light of this, we have added the following wording to the disclosure in Appendix 4:
Further, a number of the Claimants assert that they have been convicted of criminal offences arising from their roles at
Post Office, with 31 of those cases being considered by the Criminal Cases Review Commission (CCRC). The CCRC has the
power to refer cases to the Court of Appeal who, in turn, have the power to overturn a conviction. This could then lead to
claims for compensation.
Kind regards
Andy
Andrew Parsons
Partner
Womble Bond Dickinson (UK) LLP
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POL-0039323
POL00042841
POL00042841
From: Ben Foat <Ben.Foati
Sent: 29 July 2019 15:49 __
To: Andrew Parsons
Rodric Williams
Sherrill Taggart
Subject: ARA - Disclosure Paper
ARC has recommended that the GLO disclosure (in Appendix 4):
1. 3rs last para, 1* sentence, be amended — While the Directors recognise that an adverse outcome would be very
material
We need to refer to the fact that there are 30? claimants who have criminal convictions (as these may be referred to the
CCRC from which there may be compensation at some point down the track). Could you confirm the number and also
whether POL is exposed on criminal compensation (in theory).
Could you send me a mark up of the Appendix this afternoon — apologies Board is tomorrow.
Lucy / David - does that reflect your view from ARC?
Kind regards
Ben
Ben Foat
General Counsel
Post Office Limited
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