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?
)€ shen Dilley
From: Stephen Dilley
Sent: 14 November 2006 15:41
To: 'M.Turnek._
Subject: RE: Post Office Limited -v- Lee Castleton
Without prejudice
Dear Mr Turner,
Thanks for your email of earlier today with suggested amended wording.
I note that you are seeking formal instructions on the original paragraph 2 and will await your
approval of the draft Tomlin order plus the draft wording of the letter Mr Castleton requires
hopefully later today and then deal with this in the round.
I look forward to hearing from you.
Yours sincerely,
Stephen Dilley
Solicitor
To: Stephen Dilley
Subject: RE: Post Office Limited -v- Lee Castleton
Without prejudice
Dear Mr Dilley
Thank you for your e-mail below with draft order.
Whilst I have not yet been able to discuss it with him, I think it almost certain that the form of wording you
suggest at paragraph 2 will not acceptable to my client. I envisage that he would prepared to provide a letter
in the following terms:
"I, Mr Lee Castleton, the former subpostmaster at Marine Drive Post Office, Bridlington, fully
and unreservedly withdraw the allegations I have made about the operation of the Horizon
system. I undertake not to repeat those allegations and/or make any further allegations about
the Horizon system and/or its functioning."
This provides your client with the formal confirmation that it requires.
I will revert to you later today on the form of wording for the reciprocal letter to be provided by your client.
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Regards,
‘Mark Turner
Solicitor
Commercial Group
Rowe Cohen Solicitors
From: Stephen Dilley _
Sent: 10 November 2006 17:07
To: Mark Turner r
Cc: Tom Beezer; alexander.goold,
Subject: Post Office Limited -v- Lee Castleton”
Without prejudice
Dear Mr Turner,
I refer to our telephone conversation this afternoon.
1. I attach a draft consent order for your approval.
2. The wording of the letter from Mr Castleton to the Post Office referred to in
paragraph 4 of the Tomlin Order shall read:
“I, Mr Lee Castleton, the former subpostmaster at Marine Drive Post Office,
Bridlington, fully and unreservedly withdraw the untrue allegations I have made
about the operation of the Horizon system. Previously I thought that losses that
arose at the Marine Drive Post Office whilst I was subpostmaster arose due to a
malfunction of the Horizon system, but I now accept that I was mistaken and that
the losses were caused by human error. I declare that the Horizon system did not
cause or contribute to the losses in any way and I formally withdraw all statements
I made to the contrary and undertake not to repeat them, and/or make any further
allegations about the Horizon system and/or its functioning."
3. I suggest you provide us with a draft form of wording for us to consider for the
letter Mr Castleton seeks about no dishonesty allegation being made (as per para 3
of the Schedule to the Order)
4. As discussed:
(a) any settlement is not finalised until agreed in writing in the form of a signed
order;
(b) Our Counsel's deemed brief fee will not be incurred on Monday, strictly provided
that a final settlement order is agreed within the next few days. However, we have
previously agreed with Counsel that if settlement occurs before that time, Counsel
will be paid on an hourly basis for preparatory work done so far and any further
work. Therefore, it is preferable from a costs point of view if an order is finalised
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sooner rather than later; and
(c) We are ready, willing and able to exchange witness statements but given the
parties are now focusing on settlement, do not propose to send them to you today.
I look forward to hearing from you as soon as possible.
Stephen Dilley
Solicitor
for and on behalf of Bond Pearce LLP
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