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Message
From: Cowley, Ruth
Sent: 09/10/2019 14:45:09
To: Andrew Parsons [/o=Exchange-Org/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=ad9ed344815e47e4aaa3c0e7e1740919-Andrew Pars]; Kenneth Garvey
ce: Rodric Williams L nee 3 Sherrill Taggart:
Subject: RE: Legally Privileged - Legal sure Incident [WBDUK-AC.FID26896945]
Huge apologies - this only just dropped in. Joining now.
From: Andrew Parsons [mailto
Sent: 09 October 2019 15:26
To: Kenneth Garvey; Cowley, Ruth
Cc: Rodric Williams; Sherrill Taggart
Subject: RE: Legally Privileged - Legal Advice - GLO - Disclosure Incident [WBDUK-AC.FID26896945]
Done
Details:
English (United Kingdom)
Conference ID: 5929466
Andrew Parsons
Partner
Wombie Bond Dickinson (UK) LLP.
Sign up for legal updates, e-newsletters and event invitations
> WOMBLE wombiebonddickinson.com
BOND ss
DICKINSON ) (in)
From: Kenneth Garvey
Sent: 09 October 2019 15:
To: Cowley, Ruth !¢
Cc: Rodric Williams +
Subject: RE: Legally Pr
herrill Taggart i
closure Incident
Great — can one of you circulate a dial-in for now?
° Kenneth Garvey
Head of Legal, IT and Procurement
Legal Department
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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 [mailto
Sent: 09 October 2019 15:10
To: andrew.parson$ ~ ~ + Kenneth Garvey ¢
Ce: Rodric Williams} GRO >; Sherrill Taggart I
Subject: RE: Legally Privileged - Legal Advice - GLO - Disclosure Incident
I'm free now.
From: Andrew Parsons [mailto
Sent: 09 October 2019 15:03
To: Kenneth Garvey
Cc: Cowley, Ruth; Rodric Williams; Sherrill Taggart
Subject: RE: Legally Privileged - Legal Advice - GLO - Disclosure Incident
Ken
Just tried to call. I'm in calls from 15:30 to 17:00 but around now and after.
A
Andrew Parsons
Partner
Womble Bond Dickinson (UK) LLP:
al
m!
t I
e
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BOND @ tp)
DICKINSON Snake
From: Kenneth Garvey I
Sent: 09 October 2019 14:42
To: Andrew Parsons:
Rodric Williams} Sherrill
sure Incident
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Hi Andy — Could you join a call this afternoon with NRF and [ on the audit work-stream which is coming out of the Board
update? I am preparing an actions update for Ben to send to the Board by 5pm today and need to include something on
this within it.
Thanks
Ken
Kenneth Garvey
Head of Legal, IT and Procurement
Legal Department
Finsbury Dials
20 Finsbury Street
London EC2Y SAQ
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 [mailté
Sent: 09 October 2019 13:21
To: Kenneth GarveyS A i
Cc: Knapper, Mike GRO Di Rodric Williams <_
Sherrill Taggart ¢, GRO >
Subject: RE: Legally Privileged - Legal Advice - GLO - Disclosure Incident
I can move meetings save for 2.30-3.15.
thanks
From: Kenneth Garvey [mailto
Sent: 09 October 2019 13:10
To: Cowley, Ruth
Cc: Knapper, Mike; Rodric Williams; Sherrill Taggart
Subject: RE: Legally Privileged - Legal Advice - GLO - Disclosure Incident
H Ruth
Yes ~ We are providing a further update to the Board by 5pm today and this will be one of the actions to update on.
Can you confirm times to speak?
Thanks
KG
4 Kenneth Garvey
Head of Legal, IT and Procurement
Legal Department
Finsbury Dials.
20 Finsbury Street
London EC2Y 9AQ
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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 [mailto?
Sent: 08 October 2019 23:37
To: Kenneth Garvey
Cc: Knapper, Mike <.
Subject: Re: Legally Privileged - Legal Advice - GLO - Disclosure Incident
Thanks. Would it be helpful to speak tomorrow morning?
Ruth Cowley I Partner
Solicitor, qualified in England & Wales
Norton Rose Fulbright LLP
3 More London Riverside, London, SE1 2AQ, United Ki:
Law around the world
nortonrosefulbright.com
On 8 Oct 2019, at 21:28, Kenneth Garvey g
Hi Mike/Ruth - FY] below from our GC re audit.
Thanks
KG
<image004.png> Kenneth Garvey
Head of Legal, IT and Procurement
Legal Department
Finsbury Dials
20 Finsbury Street
London EC2Y 9AQ
<image005.jpg> The Post Office Legal Team was recognised as the In-House Commerce & Industry
Team of the year at the Lawyer Awards 2019
From: Ben Foat
; Kenneth Garvey
Shikha Hornsey
isclosure Incident
We need to speed up on the audit of FJ... see Nick’s email. We need to have an understanding of:
1. Our right to audit
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2. The scope of the audit- what aspects of the court case process will they look at and the general
controls around FJ
3. The extent to which we need to access FJ or are able to use the information already provided to
date
4. The existing resource and controls around FJ (we may need to engage with people like Julie
Thomas)
5. Appoint the external party (Deloitte or which ever one)
6. Updating on timetable and when we are likely to have some assurance over their processes and
what they have done to date in the Court Case support.
We need to have done 1-6 by next week.
Shikha — obviously you will need to be co-owning this particularly the broader issue of controls around
Fi.
<image001.png> Ben Foat
Group General Counsel
Ground Floor
20 Finsbury Street
LONDON
EC2Y 9AQ
Mobile ;
This email and any attachments are confidential and intended for the addressee only. If you are not the named
recipient, you must not use, disclose, reproduce, copy or distribute the contents of this communication. If you have
received this in error, please contact the sender by reply email and then delete this email from your system. Any
views or opinions expressed within this email are solely those of the sender, unless otherwise specifically stated.
POST OFFICE LIMITED is registered in England and Wales no 2154540. Registered Office: Finsbury Dials, 20 Finsbury
Street, London, EC2Y 9AQ.
From: Nick Read
Sent: 08 October 2019 18:17
To: Ben Foat}
David Parry<
Cc: Veronica Branton ¢
Subject RE: Legally Privileged - Legal Advice - GLO - Disclosure Incident
Agreed.
Lets move quickly, please.
David Parry
Not to overly complicate things ~ I agree that I can sponsor the Audit for the purposes of GLO but to
Carla’s point about oversight and controls in place specifically in relation to FJ I would suggest that
Shika.
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ili pick up the audit point and progress it with Johann.
Happy to discuss.
Kind regards
Ben
<image001.png> Ben Foat
Group General Counsel
Ground Floor
20 Finsbury Street
LONDON
EC2Y 9AQ
Mobile ¢_
This email and any attachments are confidential and intended for the addressee only. If you are not the named
recipient, you must not use, disclose, reproduce, copy or distribute the contents of this communication. If you have
received this in error, please contact the sender by reply email and then delete this email from your system. Any
views or opinions expressed within this email are solely those of the sender, unless otherwise specifically stated.
POST OFFICE LIMITED is registered in England and Wales no 2154540, Registered Office: Finsbury Dials, 20 Finsbury
Street, London, EC2Y 9AQ.
From: Alisdair Cameron
Ben Foat
eronica Branton ¢ i
Subject: RE: Legally Privileged - Legal Advice - GLO - Disclosure Incident
I think we agree and said so, so Tom is right. My gut feel is that only Ben and team can be
sponsor. We can probably source Deloitte to do the work as we have the internal audit contract
with them. I don’t know what form our contractual rights are in but Johann could help scope it?
Thanks Al
<image002.png> Ail Cameron
Chief Financial Officer
20 Finsbury Street
London
EC2Y 9AQ
From: David Parry <
Sent: 07 October 20:
To: Nick Read
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Cc: Veronica Branton < H
Subject: FW: Legally Privileged - Legal Advice - GLO - Disclosure Incident
Hello All,
Please see below action as suggested by Tom Cooper. Someone from Exec needs to audit FJ and also
advise the Board when the results of the audit will be known.
Kind regards
David
<image003.png> David Parry
Senior Assistant Company Secretary
Company Secretariat
First Floor, Finsbury Dials
20 Finsbury Street
London
EC2Y 94Q
For Contr
Ail Post Of
From: Thomas Cooper
Sent: 07 October 2019 13:05
To: David Parry <_
Subject: Re: Legally Pri
leged - Legal Advice - GLO - Disclosure Incident
David
There needs to be an action for a member of the management team to get the audit of FJ done. It
would be helpful also if the Board could hear back when we know when the results of the audit
will be known.
Tom
Get Outlook for iOS
From: David Parry
Sent: Monday, Oct
jomas Cooper ¢
x >; Watson, Richard -
Tom.Aldred(” ;
Alisdair
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Ce: Veronica Branto
Subject: RE: Legally Privileged - Legal Advice - GLO - Disclosure Incident
Dear All,
Further to Ben’s email below, please find attached draft minutes from Thursday's Board call.
Any amendments/changes, please let me know.
Kind regards
David
<image003.png> David Parry
Senior Assistant Company Secretary
Company Secretariat
First Floor, Finsbury Dials
20 Finsbury Street
London
EC2Y 9AQ
For Contract Approvai Form (CAF) enquiries & submission, please email ca!
Ail Post Office Group Board & Committee dates can be found on the Com! page.
From: Ben Foat
Sent: 04 October 2019 18:00
Thomas
'>; Mark R Davie:
>; Watts, Alan <
Attached is our actions tracker which shows the progress we are making on GLO KELs Disclosure
incident.
In summary:
1. we have made the necessary communication to the Court and Claimants solicitors in the terms
discussed yesterday. We have not had a response from them at this time.
2. Fujitsu (FJ) have commence extracting the KELs. The process is estimated to take 1 day,
assuming no technical issues are encountered through the extraction process. We have
proceeded expeditiously with extraction and disclosure and, if we feel it necessary to be sure we
have provided everything, quality assure independently of Fujitsu the KELs later, but make that
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clear in our communications with the Claimants. This ensures disclosure is not delayed by any
initial quality assurance exercise.
3. Areview team has been stood up to review and assess the impact of the KELs when they are
received from FJ.
4. Weare finalising the CEO to CEO script and reserved rights letter to FJ complaining about this
incident. This will cover our request for audit as agreed by Board yesterday. This should be ready
by Monday.
5. External GLO lawyers are examining how the KEL disclosure, and FJ’s involvement more
generally, could be addressed in the existing GLO proceedings. In addition, the legal team will
provide advice w/c 7 Oct on any potential claim POL may have against FJ (contractual or
otherwise) flowing from FJ’s mishandling of the KELs disclosure.
6. The horizon contingency planning team have been made aware and Comms preparations are
underway with Mark Davies’ team.
7. The IT team are engaged on this issue and we will work with IT to support them in any necessary
governance and management control review and will, in due course, report back on what
further controls could be introduced in respect of FJ.
8. The insurance position for the GLO as a whole is being considered by POL’s broker Lockton.
However, given that this event arises out of POL’s conduct of litigation rather than its normal
business operations, it seems unlikely that insurance cover will be available for it (assuming it
gives rise to any quantifiable loss to POL) but we will confirm the position.
Please do let me know if you have any queries.
Finally, thank you for your time yesterday. Have a lovely weekend.
Ben Foat
General Counsel
_Post Office Limited
From: Ben Foat
Sent: 03 October 2019 15:48
To: Tim Park rla Stent!+ Tim.Franklini=i Ken McCalli; Thomas Cooper; Watson, Richard - UKGI;
Tom.Aldredi "GRO ‘Alisdair Cameron; Nick Read; David Parry
Cc: David Parry; Rodric Williams; Kenneth Garvey; Sherrill Taggart; Mark R Davies; Shikha Hornsey
Subject: Legally Privileged - Legal Advice - GLO - Disclosure Incident
Importance: High
All
A meeting has been put into your diary for 4pm today.
The purpose of the meeting is to inform the Board and UKGI that a disclosure incident has arisen in
respect of the GLO proceedings and to advise you of how we are managing the issue. The Board is asked
to note the incident and to approve the approach which will be discussed on the call (which is broadly
set out below).
In short, it appears that Post Office failed to disclose potentially relevant documents in the GLO
proceedings (specifically in respect of the Horizon Trial). You will recall that we are currently awaiting
the Court’s judgment in respect of those proceedings.
Context
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Fujitsu had previously informed Post Office that the “Known Error Logs” (KELs), which were key
documents in the Horizon Issues trial because they documented, for helpline staff, the known issues in
Horizon with the work around and fixes, were overwritten when updated such that no previous
versions were kept and only current versions could be disclosed. Post Office relied on that information
when completing the Electronic Disclosure Statement which was subsequently communicated to the
Claimants in December 2017. However, Fujitsu has now advised Post Office this week that past versions
of the KELs do, in fact, exist. Consequently, the scope of disclosure as represented and provided was
inaccurate.
Issue
1. Concealment and Procedural Breach - Post Office’s credibility and the perception around Post
Office’s approach to managing the litigation will likely be criticised (ie Claimants’ previous
overarching criticism of Post Office not being transparent, seeking to conceal and not providing
full disclosure); and
2. Potential Impact to the Court’s findings - Whether the previous KELs (the volume is not yet
known) could cause the experts to change their evidence and/or impact the substance of the
case before the Court. You may recall that the Claimants have advanced a case theory of “tip of
the ice berg” which suggests that there are more errors than is fully known. However, it may be
that the further disclosure of the previous KELs does not impact the evidence or the substance
of the matter before the Court but we are unable to advise on this until the disclosure of the
previous KELs is made by Fujitsu;
Actions/ Next Steps
Post Office is obliged to notify the Claimants of the error. This is likely to result in the Claimants notifying
the Justice Fraser as part of their overarching criticism of Post Office’s disclosure. The GLO Legal team
(externals and in-house lawyers) are, together with the CIO and her team, have notified the Claimants
solicitors and the Court of the error and explained that it arose from incorrect information from FJ.
Management next steps:
1. Communication to relevant parties: we have written to the Claimant solicitors and the Court
today advising them of the issue. In that communication, Post Office has made it clear clear that
it relied on FJ when it made its inaccurate disclosure statement and has offers to provide the
previous KELs to the Claimants upfront;
2. Disclosure of the KELs: FJ has already been instructed to provide the previous KELs to us which
we will need to assess and disclose to the Claimants. This process is not as simple as it is not a
matter of drop and dragging files across but rather the data needs to be specifically extracted
from their systems. Consequently, it may take some time given the volume. We have asked FJ
for an ETA on this but suggest that this be escalated by the CEO.
3. Analysis of the KELs: We need to have an understanding of whether the KELs (the scale of which
is to be determined) would likely affect the evidence that was provided at Trial. We may wish to
instruct our Court expert to assist us with this analysis;
4. Impact to the Trial: Justice Fraser may reconvene the Court and seek further evidence from the
experts as to whether previous KEL versions would have affected their evidence. If this occurs
Post Office may be liable for the costs of the hearing (for both sides);
5. POL response to FJ:
a. CEO escalation: irrespective of the Legal analysis below, this matter should be escalated
to the CEO at FJ ona reserved rights basis to express POL’s disappointment with this
incident and to remind FJ of their ongoing obligation in respect of Court Case Support
Services and indeed the previous the discussion between Duncan Tait (FJ board
director) and the previous POL CEO Paula Vennells in which she flagged a serious
concern about the fragility of FJ witness statements which had either been disproved
and or changed. I will forward an email from PV that refers to this conversation which I
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received earlier today. This escalation should be followed with a letter which reserves
Post Office’s legal rights in respect of this incident.
b. Legal advice: Legal is preparing an advice on:
i. POL’s potential right of action against FJ in
these circumstances though we appreciate that the issue needs to be
considered in a broader context (supporting the future GLO case; broader
commercial impact; business continuity gap / alternative provider etc). One of
the areas that we have already been considering is whether FJ should be joined
to the proceedings depending on the outcome of the Horizon Judgment which is
a separate question.
ii. POL’s unilateral right to exercise audit
and/or appoint a third party to review and test FJ evidence to date. There is a
right to appoint a third party to audit the Court Case Support Services
obligation.
6. Impact to the Judgment / Horizon Contingency Planning: The Horizon Contingency Team will
factor in the likely adverse comments that Fraser J may make as a result of this issue and what
specific findings he could make around POL processes in respect of Horizon and its processes in
respect of this issue.
7. Stakeholder management: we will notify and continue to update the Board and UKGI on the
incident via email. The POL Comms Team has been made aware of the issue (as the Claimants
are likely to complain to the Court and if Court is reconvened, there is a risk that the issue could
become public. A Comms statement will be prepared as appropriate.
8. Lessons Learnt / Controls over outsourced arrangements: I have asked the team to ascertain
what Post Office did to assure itself that the information provided by FJ (its outsourced supplier)
was accurate and what controls were/are in place to provide such assurance. One of the areas
that we have already been considering is whether FJ should be joined to the proceedings
depending on the outcome of the Horizon Judgment.
Input Sought
Board is asked to note the incident and approve the approach outlined above and/or to make any
further recommendations.
I will continue to update on the progress of the matter by email after the call.
Please do let me know if you have any queries in the meantime.
<image001.png> Ben Foat
Group General Counsel
Ground Floor
20 Finsbury Street
LONDON
EC2Y 9AQ
Mobile
This email and any attachments are confidential and intended for the addressee only. If you are not the named
recipient, you must not use, disclose, reproduce, copy or distribute the contents of this communication. If you have
received this in error, please contact the sender by reply email and then delete this email from your system. Any
views or opinions expressed within this email are solely those of the sender, unless otherwise specifically stated.
POST OFFICE LIMITED is registered in England and Wales no 2154540. Registered Office: Finsbury Dials, 20 Finsbury
Street, London, EC2Y 9AQ.
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\drew-parsong
i.
Hiability for any
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