POL00081910 - Email from Stephen Dilley to Peter Sewell and Brian Pinder, Graham Ward and others re: Extremely urgent Post Office Limited - v - Lee Castlton

Evidence on official site

Page 1 of4

Stephen Dilley

mt

Stephen Dilley

Sent:

18 December 2006 11:33

To:

Sewell Peter (FELO1)

Subject: RE: EXTREMELY URGENT Post Office Limited -v- Lee Castleton

1 December 2003 to 30 April 2004

m: Sewell Peter (FELO1

Sent: 18 December 2006 11:31

Pinder Brian; Stephen Dilley

Subject: RE: EXTREMELY URGENT Post Office Limited Lee Castleton

Stephen
need the date range regarding the request for NT Logs.

Regards Pete

Security Project Manager

Post Office Account

FUJITSU SERVICES

Sackville House, Brook Close, Lewes, East Sussex, BN7 2FZ

peter.sewelll

Web

http://uk. fujitsu.com

POL00081910
POL00081910
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POL00081910

Internal

jitsu Services Registered in England no 96056,

Registered Office 22 Baker Street,

London W1U 3BW

This e-mail is only for the use of its intended recipient. Its contents are
confidential and may be privileged. Fujitsu Services does not guarantee

that this e-mail has not been intercepted and amended of that it is virus free.

om: Pinder Brian

Sent: 18 December 2006 11:29

18/12/2006

Page 1 of 3

Stephen Dilley

From:

GRO j

Pinder Brian {

Sent:

18 December 2006 11:29

Stephen Dilley

Sewell Peter (FELO1)

Subject:

imited -v- Lee Castleton

RE: EXTREMELY URGENT Post Office

Importance: High
Stephen

Just reading the emails, I believe Peter is dealing with this in my absence, and to
avoid anyone going off at a

tangent he will drive any requests for information you may have through to the relevant
FJ staff concerned.

Regds Brian

om: Stephen Dilley I

Sent: 18 December 2006 09:23

Pinder Brian

Ce: Chambers Anne 0; Sew Peter (FELO1); Peach Mik; mandy.j GRO i

graham.c.war, Tom Beezer

POL00081910
POL00081910

Subject: EXTREMELY URGENT Post Office Limited -v- Lee Castleton
Importance: High
Dear Brian,

refer to Anne's email below.

M r Castleton has this morning made an application to resume the trial arising from the
late

disclosure of the document Anne referred to in her evidence. The application must be
heard by

21 December at the latest. In the circumstances, please can I ask you to supply the
document

immediately so that I can send it to Mr Castleton.
I look forward to hearing from you.

Kind regards.

Stephen Dilley

Solicitor

for and on behalf of Bond Pearce LLP

www. bond~earce.com

From: Anne.Chambers
Sent: 16 December 2006 15:30

To: Stephen Dilley

Cc: Chambers Anne 0; brian.pinde

mik.peach@!
Tom Beezer

mandy.talbo

Subject: Re: URGENT Post Office Limited -v- Lee Castleton

Dear Stephen,

18/12/2006

Page 2 of 3

do not myself have direct access to the archived system (Tivoli) event logs; they are

held by our Security

team and I have not looked at the logs for Marine Drive since 2004 (before they were
archived), apart from

checking 1st April 2004 following one of your queries the week before last. Until that
point i was not aware

that they were available. Obviously when questioned about them in court, I had to
acknowledge that they

were still available, even if not rechecked by me.
will make sure your request has been received by the Security team on Monday.

Regards,
POL00081910
POL00081910

Anne.

om: Stephen Dilley[SMTP:]

Sent: Friday, December 15, 2006 6:11:17 PM

To: Chambers Anne O
Cc: Pinder Brian; Sewell Peter (FELO1); mandy.talbot!

grahame.wa.r_d GRO

Tom Beezer

Subject: URGENT Post Office Limited -v- Lee Castleton

portance: High

Auto forwarded by a Rule

Dear Anne,

rstly, many thanks to you and Andy Dunks for attending Court to give evidence this
week

which was helpful. The judge has reserved his judgment which will probably be given in
the

new year. Thanks also to Brian and his team for helpf
the

y providing information about

lkirk branch on short notice.

In any litigation, the parties involved have a continuing obligation pursuant to the
Court rules

to disclose all documents that may help or hinder their case or the other side's case.
In this

context, a "document" means anything in which information of any description is
recorded, so

it includes, just for example, a computer database. Previously, I had asked Fujitsu to
let me

have all the info it had and had been helpfully given HSH call logs, transaction logs
and events

logs. I was also recently told that there was a message store which had everything else
on it

and we invited Mr Castleton to look at it this, but he didn't take up the opportunity.
However, whilst giving evidence you told the Court that there was also a different sort

of events log, not included on the message store, that we had not seen or disclosed for
the

Marine Drive branch. Mr Castleton has telephoned me today and asked for a copy of this
to

be supplied to him immediately.

The Court has ordered Mr Castleton to make any application for a resumed hearing
resulting

from the P.O's late disclosure of this document by 19 December. Going back to Court now
the

trial appears to be concluded is the last thing we want, but we will do this if we need
to. I am

not sure what application Mr Castleton would make. Possibly he may say his case was

prejudiced by not having this information made available earlier.
POL00081910
POL00081910

I anticipate that nothing will probably turn on the document you xr
you said

rred to because

it didn't contain any errors that would cause the losses, but the P.O are nevertheless
under an

obligation to supply it and if we don't, could face court sanction. Please can I
therefore ask

for it to be emailed to me as soon as possible on Monday morning so that I can in turn
send it

to Mr Castleton.

I look forward to hearing from you.
18/12/2006
Page 3 of 3

Kind regards,
Stephen Dilley
Solicitor

for and on behalf of Bond Pearce LLP

DDI: } GRO :

www_bondpearce_com_
The information in this e-mail and any attachments are confidential and maybe legally
privileged

and protected by law. The intended recipient only is authorised to access this e-mail
and any

attachments. If you are not the intended recipient, please notify the sender as soon as
possible and

delete any copies. Unauthorised use, dissemination, distribution, publication or
copying of this

communication is prohibited.

Any files attached to this e-mail will have been checked by us with virus detection
software before

transmission. You should carry out your own virus checks before opening any attachment.
Bond

Pearce LLP accepts no liability for any loss or damage which maybe caused by software
viruses.

Bond Pearce LLP is a Limited Liability Partnership registered in England and Wales
number

0¢311430.
Registered Office: 3 Temple Quay, Temple Back East, Bristol, BS 1 6DZ.

A list of Members is available from our registered office. Any reference to a Partner
in relation to

Bond Pearce LLP means a Member of Bond Pearce LLP. Bond Pearce LLP is regulated by the
Law
POL00081910
POL00081910

Society.

The information in this e-mail and any attachments are confidential and maybe legally
privileged

and protected by law. The intended recipient only is authorised to access this e-mail
and any

attachments. If you are not the intended recipient, please notify the sender as soon as
possible and

3elete any copies. Unauthorised use, dissemination, distribution, publication or
copying of this

communication is prohibited.

Any files attached to this e-mail will have been checked by us with virus detection
software before

transmission. You should carry out your own virus checks before opening any attachment.
Bond

Pearce LLP accepts no liability for any loss or damage which maybe caused by software
viruses.

Bond Pearce LLP is a Limited Liability Partnership registered in England and Wales
number

00311430.
E~egistered Office: 3 Temple Quay, Temple Back East, Bristol, BS1 6DZ.

A list of Members is available from our registered office. Any reference to a Partner
in relation to

Bond Pearce LLP means a Member of Bond Pearce LLP. Bond Pearce LLP is regulated by the
Law

Society.
18/12/2006

Page 1 of2

Nicola McSherry

From:

Anne.Chambers [I GRO i

Sent:

16 December 2006 15:30

To:

Stephen Dilley

sewel GRO
graham.c.war! GRO

mik.peachf

Tom Beezer
POL00081910
POL00081910

Subject: Re: URGENT Post Office Limited -v- Lee Castleton
Dear Stephen,

do not myself have direct access to the archived system (Tivoli) event logs; they are
held by our Security

team and I have not looked at the logs for Marine Drive since 2004 (before they were
archived), apart from

checking Ist April 2004 following one of your queries the week before last. Until that
point i was not aware

that they were available. Obviously when questioned about them in court, I had to
acknowledge that they

were still available, even if not rechecked by me.
will make sure your request has been zeceived by the Security team on Monday.
Regards,

Anne.

om: Stephen Dilley(SMTP:]

Sent: Friday, December 15, 2006 6 217 PM
To: Chambers Anne O

Ce: Pinder Brian; Sew

1 Peter (FELO1); mandy.talb}

graham c wa. Tom Beezer
Subject: URGENT Post Office Limited -v- Lee Castleton
Importance: High

Auto forwarded by a Rule

Dear Anne,

Firstly, many thanks to you and Andy Dunks for attending Court to give evidence this
week

w hich was helpful. The judge has reserved his judgment which will probably be given in
the

new year. Thanks also to Brian and his team for helpfully providing information about
the

Falkirk branch on short notice.

In any litigation, the parties involved have a continuing obligation pursuant to the
Court rules

to disclose all documents that may help or hinder their case or the other side's case.
In this

context, a "document" means anything in which information of any description is
recorded, so

it includes, just for example, a computer database. Previously, I had asked Fujitsu to
let me

have all the info it had and had been helpfully given HSH call logs, transaction logs
and events

logs. I was also recently told that there was a message store which had everything else
on it

and we invited Mr Castleton to look at it this, but he didn't take up the opportunity.

However, whilst giving evidence you told the Court that there was also a different sort
POL00081910
POL00081910

of events log, not included on the message store, that we had not seen or disclosed for
the

Marine Drive branch. Mr Castleton has telephoned me today and asked for a copy of this
to

be supplied to him immediately.
29/12/2006
Page 2 of2

The Court has ordered Mr Castieton to make any application for a resumed hearing
resulting

from the P.O's late disclosure of this document by 19 December. Going back to Court now
the

trial appears to be concluded is the last thing we want, but we will do this if we need
to. I am

not sure what application Mr Castleton would make. Possibly he may say his case was
prejudiced by not having this information made available earlier.

I anticipate that nothing will probably turn on the document you referred to because
you said

it didn't contain any errors that would cause the losses, but the P.O are nevertheless
under an

obligation to supply it and if we don't, could face court sanction. Please can I
therefore ask for

it to be emailed to me as soon as possible on Monday morning so that I can in turn send
it to

M r Castleton.
I look forward to hearing from you.
Kind regards,

Stephen Dilley

Solicitor

for and on behalf of Bond Pearce LLP

por: I ~GRO_

Main office phone: } GRO

and protected by law. The intended recipient only is authorised to access this e-mail
and any

attachments. If you are not the intended recipient, please notify the sender as soon as
possible and

delete any copies. Unauthorised use, dissemination, distribution, publication or
copying of this

communication is prohibited.

Any files attached to this e-mail will have been checked by us with virus detection
POL00081910
POL00081910

software before

transmission. You should carry out your own virus checks before opening any attachment.
Bond

Pearce LLP accepts no liability for any loss or damage which may be caused by software
viruses.

Bond Pearce LLP is a Limited Liability Partnership registered in England and Wales
number

0c311430.
Registered Office: 3 Temple Quay, Temple Back East, Bristol, BS1 6D2.

A list of Members is available from our registered office. Any reference to a Partner
in relation to

Bond Pearce LLP means a Member of Bond Pearce LLP. Bond Pearce LLP is regulated by the
Law

Society.

29/12/2006