POL00070954 - Email from Stephen Dilley to Richard Morgan re setting aside default judgment on counterclaim

Evidence on official site

POL00070954
POL00070954

Page I of 1

Stephen Dilley

From: Stephen Dilley

Sent: 25 January 2006 18:24

To: ‘Richard Morgan’

Ce: Tom Beezer; 'mandy.talbot Julian Summerhayes
Subject: Post Office Limited -v- Castleton

Attachments: LITIGATION_1116463.DOC

Dear Richard,

Just to update you, I received the last witness statement today and have arranged to file and
serve all of them. In view of the evidence, we have asked Castleton to agree to set aside the
default judgment on the Counterclaim, From how the witnesses have described Castleton, I
anticipate that irrespective of what his own solicitors advise, he is unlikely to voluntarily agree
to set aside the judgment (if only thorough sheer stubbornness). We're therefore continuing to
prepare for the hearing on 9 February and I attach a draft index to a bundle we've prepared. (I
have only included the very latest inter partes correspondence at tab 15, because the rest of
the relevant correspondence is exhibited to my witness statement). If you're happy with index,
we'll paginate and get a bundle over to you.

Mandy - I assume that we won't get a formal report from Fujitsu in time for the hearing as
we've not heard anything. Do you know how Dave Hulbert has got on with them? If a Fujitsu
report is imminent, we can hold off finalising the bundle for the time being.

I look forward to hearing from you.

Kind regards.

Stephen Dilley

Solicitor
for and on behalf of Bond Pearce LLP

www.bondpearce.com

25/01/2006
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION

BETWEEN:

POST OFFICE LIMITED

- and -

LEE CASTLETON

Claim No, HQO5X02706

Claimant and Part
20 Defendant

Defendant and
Part 20 Claimant

INDEX TO THE CLAIMANT/PART 20 DEFENDANT'S BUNDLE
FOR THE HEARING ON 9 FEBRUARY 2006

Statements of Case

Tab I Document Date Pages
1 Claim Form 25.05.2005
2 Particulars of Claim 25.05.2005
3 Defence and Counterclaim 15.08.2005
4 Reply to Defence and Defence to Counterclaim 15.11.2005
Orders and Judgments
5 Order of Master Fontaine 04.10.2005
Default Judgment for Claimant 09.11.2005
(sealed
10.11.2005)
Default Judgment for Defendant 09.11.2005
(sealed
17.11.2005)
Notices
6 Notice of Issue 09.06.2005
Notice that Acknowledgment of Service has been 14.06.2005
filed
Notice that a Counterclaim has been filed 05.09.2005
Notice of the Allocation to the Multi-Track 14.09.2005
Application Notice and draft Order 17.11.2005
Notice of Private Room Appointment for 09.02.2006 I 08.12.2005

1A_1116463_1 1

POL00070954
POL00070954
Witness Statements

Witness Statement of Stephen John Dilley 18.11.2005
Exhibit to the Witness statement of Stephen John 18.11.2005
Dilley
9 Witness Statement of Helen Rose 11.01.2006
10 I Exhibit to the Witness Statement of Helen Rose 11.01.2006
11 I Witness Statement of John Howard Jones 12.01.2006
12 I Exhibit to the Witness Statement of John Howard 12.01.2006
Jones
13 I Witness Statement of Catherine Oglesby 21.01.2006
14 I Exhibit to the Witness Statement of Catherine 21.01.2006
Oglesby
Interpartes Correspondence
15 I Fax from Bond Pearce LLP to Rowe Cohen 18.11.2005
a from Rowe Cohen to Bond Pearce LLP 17.01.2006
Fax from Bond Pearce LLP to Rowe Cohen 18.01.2006
Fax from Bond Pearce LLP to Rowe Cohen 20.01.2006
25.01.2006

[ Fax from Bond Pearce LLP to Rowe Cohen

1A_1116463_1 2

POL00070954
POL00070954
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION

BETWEEN:

POST OFFICE LIMITED

- and -

LEE CASTLETON

INDEX

BOND PEARCE LLP
Ballard House

West Hoe Road
Plymouth PL1 3AE____
Hl GRO

DX SZ5T PI
Ref: SJD3.348035.134

Solicitors for the Claimant

POL00070954
POL00070954

Claim No. HQO5X02706

Claimant and Part
20 Defendant

Defendant and
Part 20 Claimant