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Band, fharce
Bond Pearce LP
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To: Rowe Cohen Solicitors i
cc: Your ref: MDT.113969
From: Stephen Dilley Our ref: SJD3/KAK2/348035.134
Date: 25 April 2006
stephen.dilles Number of pages:
Without prejudice save as to costs
Post Office Limited -v- Mr L Castleton
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hen Dilley
From: Stephen Dilley
Sent: 24 April 2006 15:50
To: ‘mandy.talbot i
Ce: Tom Beezer; Richard Morgan
Subject: Post Office Limited -v- Mr L Castleton: Update
Attachments: LETTER_1153086.DOC; LFORM_1153255.PDF; FAX_1153256.PDF
Dear Mandy,
I refer to our telephone conference on 7 April. I have the following update :
1. Assets
l attach an asset report from our enquiry agent. Basically, this shows that Mr and Mrs
Castleton jointly own 14 South Marine Drive Bridlington and that they purchased it for
£218,000, in October 2003. We have written to the Land Registry to try to ascertain the
amount of the mortgage advance, but unsurprisingly they have refused to give us this
information. The mortgage is with Royal Bank of Scotland. Mr and Mrs Castleton also own a
motor vehicle, but the make and model are unknown.
Given that Mr and Mrs Castleton purchased the property with the assistance of a mortgage 2
and a half years ago, there may not be a great deal of equity - we simply do not have sufficient
information to determine this.
There are 5 or 6 witnesses plus 2 experts on our side alone, so the costs involved in pursuing
this case to trial will certainly be significantly higher than the amount of the claim. If the P.O is
successful, it may well find that it is unable to enforce (or fully enforce) any judgment against
Mr Castleton given his asset position.
There is a "bigger picture" i.e. that the PO wishes to be seen to be taking this claim very
seriously, to defend the Horizon system and to discourage other sub-post masters from
pursuing similar claims. However, looking at the case in isolation, the cost/benefit of pursuing
it to trial, even if you succeed, is uncertain.
2. Mediation
Mr Castleton’s solicitors have now confirmed that they would prefer to mediate after disclosure,
because they do not believe the parties can meaningfully mediate at the moment. This is
bizarre, given that they previously stated that they would be prepared to mediate before
disclosure. I anticipate that Mr Castleton may be driving this position and that his solicitors are
having difficulty persuading him to see sense.
I don’t want Castleton to spend all his money on legal fees and then to get to mediation
and say he has nothing left. For this reason alone, we should try to persuade him to mediate
sooner rather than later. I attach a copy of their fax of 20 April, together with my draft reply
just for your information,
3. Horizon Witnesses
You will recall that I identified Andrew Wise (NBSC) and Julie Welsh, Service Delivery
Manager (HSH/Fujitsu) as potential witnesses. (Andrew Price e-mailed Cath Oglesby and stated
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that Andrew Wise had been unable to find any errors with the system. Julie Welsh also stated
ing ~-mail that there was no evidence of any system problems).
Unfortunately Julie Welsh has left HSH to live overseas in Italy. This is a shame because it
would be really helpful if the person at HSH who reviewed the system at the time is available to
give evidence. I am however going to visit Brian Pinder at HSH on 6 June, together with Hugh
James’ solicitors and Graham Ward. I will interview him and see what information he can
provide.
I have not yet heard from Andrew Wise.
4. Part 18 Replies
We have received the Part 18 replies from Mr Castleton which I have written to you separately
about. Clearly we need to pick up on the problems he alleges he encountered with the
system, both when I interview Andrew Wise and Brian Pinder and when instructing an IT
expert.
I will keep you updated.
Kind Regards.
Stephen Dilley
Solicitor
www.bondpearce.com
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24/04/2006