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23/05/2019 15:
Alisdair Cameron! } Ben Foat
Subject: Re: Group Litigation- Legally Privileged - Highly Confidential
Ben
Is this embargoed?
Tom
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From: Alisdair Cameror
Sent: Thursday, May 23, 2019 4:36 pm
To: Thomas Cooper; Tim Parker; Ben Foat
Subject: FW: Group Litigation- Legally Privileged - Highly Confidential
Please see Ben’s note below and another bleak day. He will do a fuller note at the end of court proceedings
but I wanted to give the two of you the earliest update — and Tom as discussed you will make sure that BEIS
and Kelly are aware,
Thanks Al
Al Cameron
Interim Chief Executive
20 Finsbury Street
London
EC2Y 9AQ
POL-0103140
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From: Ben Foat}__
Sent: 23 May 2019 14:
To: Alisdair CameronI I
Subject: Group Litigation- Legally Privileged - Highly Confidential
Hi Al
Just writing from the Court, Fraser J has unsurprisingly refused permission to appeal but perhaps more surprisingly will be
allowing a cost order. After lunch, he will consider the basis of the costs order. The reason for making an order is that he
wanted to exercise his discretion given the ultimate determination for claimants would not be until mid 2020. He took the
view that although the action is not over (and therefore not determined) the common issue trial and what the contract
means is over. We will find out the basis of the costs after lunch and then HSF and I are meeting Helen Davies QC later
this afternoon. The relationship between Fraser and Cavanagh was strained at times. From what I saw told today a new
QC will be needed for the remaining trials and Court of Appeal although we need to retain the corporate memory of
Cavanagh in another way.
The concern (other than the obvious from the above) is that he will be publishing reasons which may again be another
platform to comment adversely against Post Office.
Next steps:
i. Seek permission to Appeal (substantive appeal and costs potentially) to Court of Appeal ;
2. Resumption of the Horizon trial will continue
I will update you properly afier today but thought you might appreciate the heads up.
Kind regards
Ben Foat
Legal Director
Post Office Limited
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