POL00069775
POL00069775
utephen Dilley
From: Stephen Dilley
Sent: 10 November.
To: ‘mandy.talbot
Ce: ‘Richard Morgan’, Tom Beezer
Subject: RE: Castleton’s counter offer P.O -v- Castleton URGENT URGENT
Attachments: Draft Tomlin Order 10th November 2006.doc
ay
Draft Tomlin Order
10th Novemb...
Dear Mandy,
Thanks for your email.
1. I don't think Mr Castleton will want quite as plainly to admit owing the P.O money, for the same reason he
doesn't want a judgment being entered against him. We can try to get him to say that if you want, but I doubt he
will. I wonder if we can change it to:
"I, Mr Lee Castleton, the former postmaster 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
discrepancies 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 discrepancies were caused by human
error. I declare that the Horizon system did not cause or contribute to the discrepancies 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."
2. I attach a draft consent order for your approval. The real question is whether we need the undertaking in
clause 5 of the schedule. Richard thinks that by making a song and dance we highlight a sensitivity and that the
less we talk about it, the less likely it is that Castleton will seek to raise it, because raising the issue in itself calls
into question his reasons for settling. Also,
(i) the loss figure is purely speculative
(ii) we wonder the P.O want to police it in any event; and
(iii) the letter along the above lines would probably discredit Castleton enough if he did give make further
allegations or give evidence in the Bajaj, Bilkhu or any other cases.
I look forward to hearing from you as soon as possible.
Kind regards.
Stephen Dilley
Solicitor
for ai
DDI
Main office phon:
Fax:
www.bondpearce.com
----Original Messa
From: mandy.talbot_
Sent: 10 November
To: Stephen Dilley
Subject: Re: Castleton's counter offer P.O -v- Castleton URGENT URGENT
Stephen
What do you think of the proposed form of wording. Do you think Castleton will accept it?
Regards
Mandy Talbot
Dispute Resolution
POL00069775
POL00069775
“ompany Secretary's Office
oyal Mail Legal Services
148 Old Street
London EC1V 9HQ
Postline
Keith K Baines
To: Mandy Talbot.
10/11/2006 14:10 i
Subject: Re: Castieton's counter offer P.O -v-
Castleton URGENT URGENT(Document link: Mandy
Talbot)
Mandy,
I think the draft says all that it needs to.
I have a few minor changes to suggest - revised text as follows:
"I Mr Lee Castleton the former postmaster at Marine Drive Post Office, Bridlington admit that a sum of money
was owed by me to Post Office Ltd as a result of errors which arose whilst I was the postmaster at the above
office. I had thought that this debt arose due to a malfunction of the HORIZON system but I now accept that I
was mistaken and that the debt arose out of human error. I declare that the HORIZON system did not contribute
to the errors in any way and formally withdraw all statements I made to the contrary."
and redlined against your draft...
"I Mr LLee Castleton the former postmaster at Marine Drive Post Office, Bridlington admit that a sum of money
was owed by me to Post Office Ltd as a result of errors which arose whilst I was the postmaster at the above
office. I had thoughthought that this debt arose due to a_ malfunction of the HORIZON system but I knownow
accept that I was mistaken and that the debt arose out of human error. I declare that the HORIZON system did
not contribute to the errors in any way and formally withdraw all statements I made to the contrary."
Regards,
Keith
Keith
Senior Contracts and Service Manager
Post Office Ltd
Operations
2nd Floor, Calthorpe House, 15-20 Phoenix Place, LONDON, WC1X ODA
Postline I
External Email:
Mandy Talbot
To:
10/11/2006 12:40
POL00069775
POL00069775
stephen.dilley
Subject: Castl
URGENT URGENT
“offer P.O -v- Castleton
You will all be pleased to know that the solicitors acting for Castleton have substantially accepted our counter
proposal. I attach a copy of their letter.
Castleton is not prepared to have judgement entered against him because he claims it would prejudice his future
career prospects and so the claim will be settled by way of a Tomlin Order. This means that if anybody searched
the Court records all they would see is a record that the claim was resolved but the detail of the same is kept
private.
Castleton is prepared to make an open statement that POL can use as it chooses exonerating the HORIZON
system. I now need your assistance over the form of wording that POL would like to see in that statement.
I have prepared a short statement but would be very grateful for any improvements which you can suggest. We
need to have a settled form of words to go back to Castleton's solicitors as soon as possible. This settlement is
still without prejudice and does not formally conclude the action until it is signed so we must endeavour to get it
signed as soon as possible.
"I Mr L Castleton the former postmaster at Marine Drive Post Office admit that a sum of money was owed by me
to Post Office Ltd as a result of errors which arose whilst I was the postmaster at the above office. I had though
that this debt arose due to a malfunction of the HORIZON system but I know accept that I was mistaken and that
the debt arose out of human error. I declare that the HORIZON system did not contribute to the errors in any way
and formally withdraw all statements I made to the contrary."
Mandy Talbot
Dispute Resolution
Company Secretary's Office
Royal Mail Legal Services
148 Old Street
London EC1V 9HQ
I STD Phone:
“External Ema
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POL00069775
POL00069775
Ref: SJD3/348035.134 Ref: MDT.113969
POL00069775
POL00069775
Cc 05X02706
IN THE HIGH COURT OF JUSTICE
Ql BENCH ON
Master
day the day of November 2006
BETWEEN:
POST OFFICE LIMITED
Claimant
-and-
LEE CASTLETON
Defendant
DRAFT/
TERMS OF ORDER
BY CONSENT
Bond Pearce LLP
Ballard House
West Hoe Road
Plymouth PL1 3AE
Ref: SJD3/348035.134
Solicitors for the Claimant