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Message
From: Rodric Williams:
Sent:
To: I; Andrew Parsons [/o=Exchange-Org/ou=Exchange Administrative
14815e47e4aaa3c0e7e1740919-Andrew Pars]; Lerner, Alex
GRO 74
ce: en [/o=Exchange-Org/ou=! ministrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=ea64a893cedd463ea82d76a4b08032dd-Gribben, Jo]; Michael Wharton
[/o=Exchange-Org/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=c5d1fba922c540cba78e94f1f8c75b15-Wharton, Mi]
Subject: RE: KEL Disclosure - response from Freeths [WBDUK-AC.FID26896945]
All clear..
From: Rodric Williams
Sent: 01 November 2019 18:42
andrew.parsons < erner, Alex
GRO
Subject: RE: KEL Disclosure - response from Freeths {WBDUK-AC.FID2689694'
Pls stand down on this, ie NO MORE EMAILS FOR THE NEXT HOUR PLEASE.
Vm trying to get something for Board and the debate’s not helping.
ite, i
From: Emanuel, Catherine [m
Sent: 01 November 2019 18:40
From: Andrew Parsons I
Sent: 01 November 201
To: Ben Foat ¢
i Rodric Williams
Emanuel, Catherine
Jonathan Gribben ¢
Subject: RE: KEL Disclosu ondon_11.FID2085233] [WBDUK-AC.FID26896945] :
Ben
Agreed, that is the risk of waiting before saying something. However by Monday we should have a better idea if the audit
is going to lead to further disclosures and that is the key driver of whether (and how) to break cover on this point or
not. We should make a decision on whether (or not) to notify the Court of the audit by cob Monday at the very
latest. That leaves Post Office with a risk between now and then that the Judge sends his draft judgment, but with the
advantage of being able to make a better decision on Monday. On that basis, Tony's recommendation (which is a finely
balanced call) is to take the risk and wait to Monday.
Kind regards
Andy
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Andrew Parsons
Partner
Womble Bond Dickinson (UK) LLP
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From: Ben Foat £
Sent: 01 November 2019 1
: Andre\
Rodric Williams
0
GRO
Michael Wharton é
Ce: Jonathan Gribben < :
Subject: RE: KEL Disclosure - response from Freeths [HS-London_11.FID2085233] [WBDUK-AC-FID26396945]"
Thanks Andy — the challenge is that Fraser J could give notice that he is handing down the judgment on Monday so the
audit needs to quickly be finalised and an agreed position landed.
Thanks
Ben
Ben Foat
Group General Counsel
Ground Floor
20 Finsbury Street
LONDON
EC2Y SAQ
Mobile :
From: Andrew Parsons <
Sent: 01 November 2019 11
f
‘Ce: Jonathan Gribben I _
Subject: RE: KEL Disclosure - response from Free!
Rodric Williams
Watts, Alan}
All
I was on the phone with Tony when these emails came in
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in short, we think the audit should be completed (because PO has a duty to ensure that disclosure is done properly in light
of the doubts we have about FJ).
There is then a tactical question about whether to tell the Cs and the Court about the audit so to ensure that the judgment
doesn't land before the audit is complete. Point 3 in Alex's email is an interesting idea along these lines. The other
points, although valid, might re-open substantive debate on the KELs so we may wish to steer away from them.
A&M should have a preliminary view on the outcome of the audit on Monday at which point we will be in a better position
to understand the risks of different options.
Kind regards
Andy
Andrew Parsons
Partner
Womble Bond Dickinson (UK) LLP
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DICKINSON Wy
. _; Rodric Williams
Emanuel, Catherine
Thanks Alex — these are reasonable points which I would support.
Ben Foat
Group General Counsel
Ground Floor
20 Finsbury Street
LONDON
EC2Y 9AQ
Mobile :!
From: Lerner, Alex
Sent: 01 November 2019 1
Ben Foat { Rodric Williams
GRO
i Watts, Alan i Emanuel, Cathet
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Gribben { Michael Wharton}
Subject: RE: KEL Disclosure - response from Freeths [WBDUK-AC.FID27103678] [HS-London_11.FID2085233]
Thanks, Andy.
Have you spoken to Tony already? If not, our initial thoughts are that we should respond, copying the Court, setting out
our position i.e.
e that there is nothing in the material disclosed
e the Claimants never asked for the other 14k
e we were in the process of doing an audit of the extraction of the KELs so the C's could be satisfied that we have
complied with our obligations, but if they would prefer that the work in question stop to enable the judgment to
be handed down, we are ok with that. (We have considered whether or not it is now necessary to flag the audit
at all and the pros and cons of doing so, but our initial view is that we should do so}
e in those circumstances we don’t think it is right for the Court to note any more than that late disclosure was
given. if the Court is minded to comment substantively on the issue, we would like the opportunity to address
the position
e we should also point out that it is disingenuous to present PO as drip feeding KELs to the Claimants, rather than
acknowledging that the 386 were the ones referred to at trial and the others were versions of the ones no one
sought to rely on
Please can you loop me in when you discuss with Tony?
Thanks
Alex
Alexander Lerner
Senior Associate, Dispute Resolution
Herbert Smith Freehilis LLP
From: Andrew Parsons <;
Sent: 01 November 201
Lerner, Alex
Cc: Jonathan Gribben <~ Michael Wharton {
Subject: KEL Disclosure - response from Freeths [WBDUK-AC.FID27103678] .
All
Please find attached two letters from Freeths to us and the Court. They have decided not to make any further
submissions on the KEL disclosure. They seem to be prioritising getting the Horizon judgment asap which makes me
think that they want it for the PTA hearing.
I've asked Counsel what we now do about the A&M audit that is underway and whether it should be stopped.
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Kind regards
Andy
Andrew Parsons
Partner
Wombie Bond Dickinson (UK) LLP
womblebonddickinson.com
is]
DICKINSON
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