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Message
From: Andrew Parsons [
Sent:
To: Rodric Williams
cc: ‘Lerner, Alex
Sherrill Taggart
Subject: RE: KEL documents [WBDUK-AC.FID26896945]
Attachments: _DOC_158383932(1)_Summary of Counsel_s opinion - audit.DOCX
Ben
Alan, Kate, Tony and I have just discussed this issue and we'll be circulating a revised update shortly.
I have answered the bianks in your email below in red.
Please also find attached a one page summary of Counsel's advice.
Kind regards
Andy
Andrew Parsons
Partner
Womble Bond Dickinson (UK) LLP
womblebonddickinson.com
Watts, Alan
Kenneth Garvey ¢ H
Subject: RE: KEL documents [WBDUK-AC.FID26896945,
Thanks Rod and Kate. Much appreciated.
Rod’s summary is much clearer than the summary that was contained in the table which is what we send to board so
could we have someone sense checking this before it is sent to me. Frankly it wasn’t good enough the version that was
sent to me at first instance.
KELs analysis
In short, we have taken a risk based approach in reviewing the 14000 scripts which were generated by FJ. We have now
completed the reviewed those KELs that were disclosable at trial ( 658) of which (94) were deemed to be in the 4 or 5
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categories of adverse to POL’s position because (they contain material new information that could change the
Claimants’ or the expert's views on Horizon bugs discussed at trial) .Can someone fill in the sentence — the synthesis of
this is missing.
Audit
I was still awaiting an executive summary of counsel’s opinion from WBD. Is this through yet? It should have been with
me yesterday. It needs to be then synthesised for the Board table. Again, Rod’s summary is more helpful that what was
currently drafted. In short, we can proceed with a limited scope of an audit to FJ support provided to date but that a
general audit /review could pose significant risks to GLO and therefore although a general audit must be completed at
some stage (given other legal, commercial, and operational requirements) it is not recommended at the present time.
Again, if someone could update the table to reflect that I would be greatly appreciated.
Rod — thank you for this email.
Kate/ Rod / Andy - Let me know when the table is finalised so I can send to Board and also GE.
All — can we also have a discussion about delivering at pace on this project. I appreciate it is a challenging matter but we
can only make it better by delivering against GE, Board and Shareholder expectations or managing them in advance.
Thanks
Ben
Ben Foat
Group General Counsel
Ground Floor
20 Finsbury Street
LONDON
EC2Y SAQ
Mobile
From: Emanuel, Catherine ¢ GRO i
Sent: 19 October 2019 11:4 [00 rnnnn : .
To: Rodric Williams ¢~ ; Ben Foat ¢
Cc: andrew.parsons + GRO Lerner, Alex.
Kenneth Garvey
Subject: RE: KEL documents [WBDUK-AC.FID26896945]
Ben,
There is one point that Alan, Andy and I want to iron out before the update and recommendations are circulated to the
Board.
l appreciate this may delay the update but we would rather be sure that the recommendations we give are right. We
are working as quickly as possible to get something to you.
Kind regards
Kate
From: Emanuel, Catherine
Sent: 19 October 2019 11:01
To: 'Rodric Williams’ <
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Tom Beezer f Sherrill Taggart
GRO
[WBDUK-AC-FID26896545)
Kenneth Garvey ¢
Subject: RE: KEL d
Rod,
As promised I have been liaising with Alan this morning and we have a few comments.
I will send a revised draft shortly.
Andy ~ are you around for a brief word?
Cheers
Kate
From: Rodric Williams
Sent: 19 October 2019 04:54
Cc: Emanuel, Ci o}; Lerner, Alex
herrill Taggart
Subje ‘W: KEL documents [WBDUK-AC.FID26896945]
Ben,
Please find attached an updated Board update. Set out below are the key notes to address the points from your email
on “what would it take to get all of [the KEL review] done by next week”, and “what is the scope [of a Fujitsu audit] that
would diminish the risk [of creating documents that would then need to be disclosed to the Claimants]”.
External Lawyers — please comment/amend as necessary asap so that Ben can update the Board this morning!
Generally
- [have stressed (firmly) to the HSF and WBD teams the importance of this workstream. It is being escalated to
Alan Watts at HSF and Tom Beezer at WBD to make sure our Board’s requirements are met (both cc’ed).
The key legal risk here is the ongoing duty in the GLO litigation to disclose adverse documents, which may not
exist (or which we may not have been aware of) but for taking the action now contemplated, especially in the
context of material we had not previously seen.
New KELs
- WBD are assessing the risk over the weekend of the 94 newly disclosed high-risk KELs. By the middle of next
week, Counsel will have reviewed these KELs in detail and given a view on whether they are likely to cause the
Horizon trial to be recommenced / the judgment delayed (the Counsel team being best placed to identify the
impact they may have on the trial they conducted).
- Inrelation to the other KELs not used at the trial (i.e. the majority of the c.14,000 new KELs), the key risk of
reviewing these is that the Claimants have not yet asked for the documents, so by reviewing them now we are
doing the Claimants' work for them.
- The legal advice therefore is that we should not review the 14,000 other KELs unless the Claimants ask for them,
or Counsel's review of the 94 high-risk KELs warrants a wider review.
- WBD and HSF will nevertheless confirm resources to deliver such a review as required.
- By way if further background since the last update, having now considered the previously undisclosed KELs:
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o Many (maybe up to 50%) could be duplicates of previously disclosed documents, but because the KEL is
a live database, the KELs could not be extracted in a way to avoid this duplication. This means a
manual/slower “de-duplication” review is required.
o. If the new KELS are to be reviewed at pace (i.e. so that they are all reviewed by the end of next week),
the trade off will be quality/assurance. A paralegal team is less qualified than the smaller, elite team of
lawyers who ran the trial to assess the relevance of the new KELs to the matters in issue in the Horizon
Issues trial. Having paralegals undertake the review therefore creates the risk of inaccuracies in the
review process, which is compounded by the technical nature of the KELs.
Audit
- The best way to mitigate the risk of generating adverse/disclosable documents through an audit is to keep it
focussed on Fujitsu’s litigation support provided to date, with any operational audit to follow once the litigation
has been resolved and its associated disclosure duties concluded.
Please let me know if you need anything further.
Kind regards, Rod
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