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Message a
From: Tim Parker
on behalf of — Tim Parker.
Sent: 28/11/2019
To: i"
Subject: Re: GLO - Mediation Update - Highly Confidential and Legally Privileged
Thanks, Ben. Let me know if there are any significant developments.
Best
Tim
Tim Parker
Chairman
National Trust
20 Grosvenor Gardens, London, SW1W 0DH
Chairman
Post Office Limited
Finsbury Dials, 20 Finsbury Street, London, EC2Y 9AQ
Chairman
Samsonite International SA
Westerring 17, B-9700 Oudenaarde, Belgium
From: Ben Foat <_
Sent: Thursday,
To: Tim Parke!
Subject: FW: GLO - Mediation Update - Highly Confidential and Legally Privileged
Hi Tim
I thought you might appreciate an update on the mediation. It is still going but below is a quick summary of where we
are currently.
Kind regards
Ben
Ben Foat
Group General Counsel
Ground Floor
20 Finsbury Street
LONDON
EC2Y 9AQ
Mobile :
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; Watson, Richard -
Patrick Bourke
>; Watts, Alan
manda Jones <
GRO ‘k>; Alisdair Cameron
‘Subject: GLO - Mediation Update - Highly Confidential and Legally Privileged
Emanuel, Catherine
Smith
All,
By way of brief update on the mediation proceedings:
e No offers have been made by either side so far.
e Much of yesterday was treated as a cathartic exercise for the Claimants who attended to tell their stories (the
Claimants in attendance were Jo Hamilton, Mohammad Sabir, Pam Stubbs, Rajinder Bilkhu and Louise Dar. Alan
Bates joined via video link but did not contribute). In summary:
co Following private discussions with the mediators, there was a plenary session with all the parties.
o The Claimants' Counsel, Patrick Green QC, focussed on the importance of Post Office making a concrete,
good faith commitment to settle the GLO.
o We then heard from the five Claimants in attendance who talked in general but emotional terms about
their experiences with Post Office and highlighted their grievances.
o Nick Read responded at various points on behalf of Post Office, emphasising how useful it had been to
listen, the impact of the Claimants’ personal stories and made clear Post Office's commitment to
improve the lot of SPMs under his stewardship.
o Nick and Amanda Jones also met separately with the five Claimants and the mediators to listen further.
o We then met again with all the parties to hear about the Claimants' case. I responded for Post Office.
e In between meeting with the Claimants, we met on several occasions with the mediators. Key points arising
were:
co Although no offers have been tabled or numbers shared, we have taken time to explain to the mediators
in principle how our starting number will be made up so that they understand the source and reliability
of our data. The focus of the discussions has been about the principles behind the post termination loss
numbers (and in particular the periods payable), who may and may not be entitled to claim such losses,
liability for shortfalls and settlements.
o Views were expressed on the viability of the claim for litigation funding.
o The Claimants have certain "soft asks" on matters such as suspended claimants, bankrupt claimants,
"exiteers" (i.e. those who wish to exit), comfort on Post Office's dealings with the CCRC, and a joint
“apology-type" statement. We will hear more about those shortly/ later this afternoon.
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o The mediators have privately expressed the view that the availability of any settlement will depend on
the funders' willingness to take a haircut. A lawyer by the name of Maria James from AmTrust (an ATE
insurer who invests in Therium) is present.
We expect to be a position to make an offer shortly, TBD. We are likely to position this as (a) the lawyers
recommending a low, but legally a reasonable and rational offer by reference to the principles discussed; but (b)
Nick on behalf of Post Office insisting on a higher offer as a gesture of good faith. We hope that this process
will warm the Claimants’ solicitors up to the true value of the claims should P36 offers be made.
We will keep you updated when it is likely that offers will begin.
Kind regards
Ben
Ben Foat
Group General Counsel
Ground Floor
20 Finsbury Street
LONDON
EC2Y 9AQ
Mobile
POL-0103285