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Message
From: Jane Macleod!
on behalf of — Jane MacLeod:
Sent:
To: Ken McCalli Cooper, Tom - UKGI
ce: ; Alisdair Cameron Veronica
Branton
Subject: Post Offi IDENTIAL AND SUBJECT TO LEGAL PRIVIEGE . DO NOT FORWARD
All,
We have a Litigation sub-committee meeting scheduled for 4pm on Monday 28 January, and I wanted to flag our
proposed approach to that meeting in light of the considerable uncertainty as to the timing of events over the next
week.
We have no guidance as to when we will receive the judgement. The court rules require the embargoed judgement to
be made available to parties a minimum of 2 business days before it is ‘handed down’. As we have a CMC on 31 January,
there is a certain logic in the judge handing down his formal judgement at the end of that CMC, however there is no
guarantee that this will be the case and it could be earlier. Should the judge decide to hand it down on 31* January, the
embargoed judgement could be issued as early as this Thursday 24". There is also no requirement that the judgement
be handed down in open court with the parties present, and therefore it is not dependent on the parties being physically
available.
As you will see from this, we will have considerable uncertainty as to the matters that will actually need to be addressed
at the Committee meeting on 28". So, subject to that uncertainty, at this stage (and in the hope that we do have the
draft judgement), I propose that the agenda will cover:
1. Update on the Common Issues Trial:
othe judgement (hopefully),
0° likely appeal issues,
© necessity for, and status of, contingency planning,
© communications strategy
2. Update on CMC/3rd trial Case Management Conference listed for 31 January - This has been listed to
determine a number of issues in relation to the proposed third trial in October 2019 which will deal with
‘breach issues’. There are a number of issues still in discussion between ourselves and Freeths in relation to
the CMC, however we should have clarity on them at the committee meeting on 28 January.
Should the judgement be received earlier, or not all by the time of the Committee meeting, then we will need to adjust
the agenda accordingly.
Horizon —at present we don’t have another scheduled Litigation Committee meeting before the commencement of
the Horizon trial on 11 March. We believe it would make sense to schedule an additional committee meeting for the
second half of February by which time the final experts’ reports will have been filed, and therefore our QC - Tony de
Garr Robinson, will be able to discuss the trial, the reports of each expert and provide an assessment of the issues
(which will be predominantly fact based and therefore there is more emphasis on the credibility of the expert witnesses
and the findings in their reports). We will be in touch to determine possible timings.
We will notify you as soon as we receive the embargoed judgement and, as at that point we will know the timetable for
it to be handed down, we will be able to provide an updated plan to take the Committee and the Board through the
decision and its consequences.
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Please let me know if you have any questions.
Kind regards,
Jane
Jane MacLeod
Group Director of Legal, Risk & Governance
Ground Floor
20 Finsbury Street
LONDON
EC2Y 9AQ
Mobile number
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