POL00103536
POL00103536
Message
From: Watts, Alan [I
on behalf of — Watts, Alan ¢
Sent: 11/05/2019
To: Thomas Cooper [
ce: Veronica Branton} Ken McCall
\lisdair Cameron
ab Massey, Kirsten
if
Subject: Re: For info: recusal application refused
Tom
I don’t think it isa complete surprise. As you know recusal applications are very unusual and indeed when we first got
involved we were very surprised that this route had been taken. The counsel team apparently felt they had no
alternative. From our discussions with the Counsel team they certainly seemed optimistic about the chances of leave
being granted notwithstanding the unusualness of the application.
What is perhaps surprising is the detail that the judgment goes into, which Counsel may see as supporting their concern
of an ‘axis’ between Coulson and Fraser.
If there is anything positive to be taken from this is that it supports the decision to keep the two appeals separate.
Putting the Common Issues Appeal would not have altered the outcome and would have run the risk of tainting that
application.
The terms of the decision I think confirms the need to change the Counsel team for the Appeal and certainly confirms
our view that we need a view independent of One Essex Court. We have explored the availability of Helen Davies QC
(Head of chambers at Brick Court) and can confirm her availability and we are going to speak to her next week.
Happy to discuss further.
Regards
Alan
On 11 May 2019, at 2:16 pm, Thomas Cooper ~
Copying the HSF team.
This is a big surprise isn’t it? Please could HSF comment.
Tom
Get Outlook fo
From: Veronica Branton <¢
Sent: Saturday, May 11, 2019 1:57 pm
To: Tim Parker; Ken McCall1; Thomas Cooper; Carla Stent1; Shirine Khoury-Haq; Tim.Franklin1
Cc: Alisdair Cameron; Ben Foat; Patrick Bourke; Debbie.K Smith; Owen Woodley; Mark R Davies;
Mohinder Kang; Rob Houghton
Subject: For info: recusal application refused
POL-0103119
POL00103536
POL00103536
Dear all
The recusal application has been refused. Please find the Judgment attached.
Patrick Bourke has advised that Nick Wallis appears to have been briefed on the Judgement last night
and has been tweeting. There appears to have been no wider media pick up so far.
Best wishes
Veronica
Veronica Branton
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