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Message
From: Andrew Parsons [1
Sent:
To:
cc:
§ Sherrill Taggart §~
;Knapper, Mike ff GRO
Subject:
Attachments: draft letter - POL to Fujitsu.docx
Sherrill
Thanks. I think the tone is the most important aspect to keeping Fujitsu supporting Post Office. I've made some
amendments in the attached (being the last version of the letter I saw). You will see that I have added an introductory
paragraph and some gentler language to change the emphasis of the letter. I would aiso suggest sending the letter
personally from someone at Post Office (presumably Nick?) fo someone personally named at Fujitsu.
These changes don't I believe water down the legal protection sought by the letter, or lessen the seriousness of having to
write such a letter in the first place, but hopefully might make it land smoother.
That said, I suspect my changes do not reflect the true sense of bad feeling inside Post Office and so the business may
wish to take a stronger tone.
Kind regards
Andy
Andrew Parsons
Partner
Wombie Bond Dickinson (UK) LLP
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DICKINSON
From: Emanuel, Catherine I”
Sent: 04 October 2019 16:43
To: Sherrill Taggart”
Ce: Rodric William
Ruth
Subject: RE: GLO - Confidential
G RO ““} Andrew Parsons ¢ H
i Kenneth Garvey <} G RO +; Cowley,
} Knapper, Mike
Sherrill,
No problem. We will get back to you on this shortly.
Kind regards
Kate
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From: Sherrill Taggart!
Sent: 04 October 2019 1
To: andrew.parsons! ~ Emanuel, Catherine:
Ce: Rodric Williams ¢ GRO ; Kenneth Garvey <k....
Ruth ; Knapper, Mike
Subject: RE: GLO - Confidential
Dear Catherine and Andy
lam just following up on your comments this morning on the draft letter to FJ which NRF have prepared.
To provide some context, NRF have been advising PO on possible remedies and causes of action under the Horizon
Agreement which may be available to PO against FJ arising from the Horizon Issues litigation if there is an adverse
judgment. Following on from the disclosure issue on Wednesday we had a call with NRF to discuss potential breach of
contract claims in respect of this issue and PO’s audit and termination rights.
This was obviously a high level discussion but provided Ben with enough information to enable him to brief the Board on
this (amongst other matters) yesterday afternoon. Obviously, it is far too early to make any definitive decisions on this
issue and there is no intention to take any action against FJ at this stage but we want to be able to reserve PO’s rights
under the Horizon Agreement in respect of the disclosure issue — hence the draft letter.
As Andy has pointed out, we have to be particularly sensitive to FJ’s reaction to this letter as we are reliant on their co-
operation and support but at the same time we need to protect PO’s position here. It is an informal letter and the
intention is for PO’s CEO to call FJ’s CEO beforehand to discuss the matter and to give them a head’s up that this letter is
on its way and why.
I would therefore ask if you could all have another look at the letter to see how we may soften it in any way (particularly
the final paragraph).
NRF are also putting together a script for Nick Read to help him position this with FJ.
Thanks for your help on this.
Kind regards
Sherrill
Sherrill Taggart
Legal Director (Interim)
Post Office Limited
20 Finsbury Street
London
EC2Y 9AQ
GRO
Mobil
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From: Cowley, Ruth i
Sent: 04 October 20:
To: Kenneth Garvey
Cc: Sherrill Taggart
Catherine
Subject: RESGLO
>; Knapper, Mike r ~— GRO _
JRodric Williams < 3 Emanuel,
Dear Ken
Thanks for the update.
Understood re the sensitivities with Fujitsu. i'm in meetings most of this afternoon, but will circulate a script iater to this
group.
‘ll give you a cail now about the written advice.
Kind regards
Ruth
From: Kenneth Garvey [mai
Sent: 04 October 2019 13:41
To: Cowley, Ruth; Knapper, Mike
Cc: Sherrill Taggart; Rodric Williams; Emanuel, Catherine; andrew.parsons
Subject: RE: GLO
Importance: High
Hi Ruth/Mike
Thank you for your draft letter which is under review.
Can you also prepare a draft script today please for our CEO to use in a call with his counterpart at Fujitsu (an action
suggested and approved on the call with the Board yesterday). This should be consistent with the letter, but will also
likely serve as a relationship management exercise, warming Fujitsu up to their receipt of the letter.
FYI — there is some concern within our GLO team as to how Fujitsu may react upon receipt of the letter, given that POL
continues to be heavily reliant on Fujitsu’s proactive and prompt co-operation and provision of information, witness
evidence (if required) etc for the remainder of the GLO proceedings. The letter has potential to cause Fujitsu to, at
worst, become uncooperative and withdraw support, or more likely to introduce new internal governance and oversight
measures which slow down their input into GLO going forward. The CEO messaging should mitigate this to some extent
and help land the message correctly.
lam copying Andy Parsons from WBD whose firm are the solicitors on record for POL in GLO and Catherine Emanuel
from HSF whose firm is supporting the Board on the GLO. They will need to review the script also.
Separately, when can we expect to get an advice note on the matters discussed yesterday with our GC and raised in my
emails of yesterday and 2 Oct?
Happy to discuss.
Kind regards
Ken
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Kenneth Garvey
Head of Legal, IT and Procurement
Legal Department
Finsbury Dials.
20 Finsbury Street
London EC2Y 9AQ
The Post Office Legal Team was recognised as the In-House Commerce & Industry Team of the year at the Lawyer
Awards 2019
From: Cowley, Ruth I
Sent: 03 October 2019 22:48
To: Rodric Williams! -
Kenneth Garvey <GRO! G RO
Ce: Sherrill Taggart <
Subject: RE: GLO
All
it is good to reconnect and thanks for the feedback ~ much appreciated.
I attach a draft letter to Fujitsu. Please can the Post Office team consider the best person/office to address this to. Given
this is not a formai notice of dispute, this is currently addressed to the London office. The notice provisions in the contract
provide for correspondence to be sent te Bracknell. We can of course send to more than one address if preferred.
I note there is a stepped dispute resolution process under the contract culminating in expert determination. We are not
proposing that any formal dispute notice is issued at this stage triggering the formal dispute resolution process until we
know more about the breach and consequences of any breach, and stakeholders are therefore able to make a decision
about next steps. But am happy to discuss.
We think this letter can come frorn the PO and tactically this may be better given you are trying to put them on notice
without escalating this through the formal process at this stage ~ but you will no doubt have a view on their likely reaction.
Kind regards
Ruth
From: Rodric Williams [maiit:
Sent: 03 October 2019 18:18
To: Knapper, Mike; Kenneth Garvey
Cc: Sherrill Taggart; Cowley, Ruth
Subject: RE: GLO
Thanks all.
Ruth ~ we all found your advice on the mid-afternoon call to be extremely clear and helpful, especially on a short
turnaround. Thanks.
Rod
From: Knapper, Mike f
Sent: 03 October 2019 18716777" = ™ _ _
To: Kenneth Garvey
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Ruth
Subject: RE: GLO
Hi Ken
it was our pleasure and I'm glad the briefing went well.
Ruth (now added) will send the draft letter over to you for the morning.
Kind regards
Mike Knapper I Partner
Solicitor, qualified in England & Wales
Norton Rose Fulbright LLP
NORTON ROSE FULBRIGHT
Law around the world
nortonrosefulbright.cot
From: Kenneth Garvey ;
Sent: 03 October 2019 17:58
To: Knapper, Mike
Cc: Sherrill Taggart; Rodric Williams
Subject: GLO
Importance: High
Hi Mike
Thanks again to Ruth and to you for supporting us earlier today. Ben’s briefing to the Board went very well.
Can you send to Rod, Sherrill and myself, by tomorrow morning, the draft reservation of rights letter we discussed on
the call? We will review it first before it goes to our GC for his comment.
Kind regards
Ken
% Kenneth Garvey
Head of Legal, IT and Procurement
Legal Department
Finsbury Dials
20 Finsbury Street
London EC2Y 9AQ
The Post Office Legal Team was recognised as the In-House Commerce & Industry Team of the year at the
Lawyer Awards 2019
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