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From: Reid, Tomi
Sent: 11/01/2016 18
To: Rodric Williams!
ce: BARTY, Susan [ q
Subject: RE: Update re: anorama Complaint [CMCK-UK.FID8673510]
Attachments: Letter to ECU - 11 January 2016 - No attachments(210882426_1).PDF
Rodric,
For your records, attached is the letter as sent. I have spared you the past correspondence but it is
included in the version that went to the ECU.
Tom
Tom Reid
Associate
[cid:image001. jpg@01D14C9C. 20B6B8F0]<http: //www. cms-cmck.com/>
CMS Cameron McKenna LLP
www. cms-cmck.com<http: //www.cms-cmck . com>
www. cms- Tawnow. com<http: //www.cms-Tawnow. com>
From: Rodric williams
Sent: 11 January 2016 I774y
To: Reid, Tom
Cc: BARTY, Susan
Subject: RE: Update re: BBC Panorama Complaint
Hi - yes please.
[cid: image001.png@01D03A1D. 110B24F0]
Rodric williams
Solicitor, Corporate Services
Post office Ltd
,-20..Finskury..street, London EC2Y 9AQ
rodric.williams:
From: Reid, Tom [
Sent: 11 January 2016717738
To: Rodric williams
Cc: BARTY, Susan
Subject: FW: Update re: BBC Panorama Complaint
On the basis of Mark’ s, Patrick’ s and Mel’ s comments are you happy for us to send the letter out?
Tom
Tom Reid
Associate
[cid:image001. jpg@01D14c9C. 20B6B8F0]<http: //www. cms-cmck.com/>
CMS Cameron McKenna LLP I Cannon Place, 78 Cannon Street I London EC4N 6AF I United Kingdom
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www. cms-Tawnow. comchttp : //wwaw. cms~Tawnow. com>
From: Mark R Davies I
To: Melanie Corfield
Cc: Rodric Williams; Patrick Bourke; Mark Underwood1; Jane MacLeod; Reid, Tom
Subject: Re: Update re: BBC Panorama Complaint
And me
Best wishes
Mark
Mark Davies
Communications and Corporate Affairs Director
Post_ offi
Mobile £
On 11 Jan 2016, at_16:51..Melanie.
<melanie. corfieldé GRO
No further comments
Mel
~}> wrote:
“"GRO_
From: Rodric Williams
Sent: 11 January 2016 Te?1y~
To: Patrick Bourke; Mark Underwoodl: Melanie. corfield:_ Mack.
Cc: Jane MacLeod; Tom Reid
Subject: RE: Update re: BB
Apologies - use this redline please.
<image001.png>
Rodric williams
Solicitor, Corporate Services
Post office Ltd
eet, London EC2Y 9AQ
From: Rodric williams
Sent: 11 January 2016 16:17
To: Patrick Bourke; Mark Underwood1;
Melanie Corfield; Mark R Davies
Cc: Jane MacLeod; Tom Reid ¢_ -
Subject: RE: Update re: BBC Panorama Complaint
All - please see revised draft letter of complaint (marked up).
You will see that the general point is made about the biased reporting (expressly referring back to our
previous correspondence), just less stridently given that we want the Editorial Complaints Unit to focus
on breaches of prescribed editorial standards, and not dilute that through issues which ultimately we are
not taking to Stage 2, e.g. the BBC declining to view our confidential disclosure, or could be readily
dismissed as a complaint about the way the finished programme looked.
Insofar as the confidential disclosure is concerned, we do indirectly refer back to this through the
reference to previous correspondence, and CMS’ s view is that the way to deal with it is to raise it
early if the BBC looks to make any further programme, thus making it harder for them to decline the
offer.
Any further comments?
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Rodric williams
Solicitor, Corporate Services
Post office Ltd
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FOdFTC Wi TTT amg.
From: Patrick Bourke
Sent: 11 January 2016 11:22
To: Mark Underwood1; Rodric Wi
Cc: Jane MacLeod; Tom Reid (~
Hi Rod
We spoke and you fed back on your conversation with Tom.
I entirely take the point about needing to be specific in our complaint, so as to avoid the risk of being
placed in a ‘general unhappiness’ basket and disposed of that way by the BBC. Nonetheless, we agreed
that it would make sense to accommodate a flavour of the broader thrust of our beef with the BBC and,
over the weekend, Mel kindly offered to have a crack at some limited additions to the draft to that end.
I attach this, in the event that you and Tom might find it useful to draw on in finalising an updated
draft which can be sent to the BBC by cop today.
Kind regards and thanks very much indeed
Patrick
From: Patrick Bourke
Sent: 08 January 2016 14:18
To: Mark Underwood1; Rodric
Cc: Jane MacLeod; Tom Reid ("~ GRO
Subject: RE: Update re: BBC T
Hi Rod
I agree that it’s a good letter but I do wonder whether we risk losing some of the impact and substance
of our complaint by (arguably) focusing too narrowly on the correct interpretation of specific wording of
the guidelines ?
I have no problem (indeed we probably need) getting into the weeds of, eg, the proper meaning of
‘contributor’, but I would be inclined to place a bit of broader and more impactful context around it ~
the bottom line being that the programme was a lazy and sensationalist stitch up when, with the
assistance and guidance we provided and would have continued to provide, it could have been genuinely
informative, balanced and fair to all. Instead, it was rather transparently manipulated to serve a
specific set of interests, rather than represent a genuine journalistic endeavour which one might have
come to expect from Panorama and the BBC.
Kind regards
Patrick
From: Mark Underwood1.
GRO - -
GRO 5; Melanie -
“> Mark R Davies4¢
Tom Reid
>} Patrick
iB <. >
Subject: RE: Update re: BBC Panorama Complaint
Hi Rod,
Great letter. I have marked up some minor edits in the attached, though please do ignore if irrelevant
or, more simply, incorrect.
My only real comment (as marked up in the attached) is whether we need to land what we intend to do, if
anything (?), with those complaints we are not escalating to stage 2? If we drop them here, could they
still be included in any complaint we may make to the Trust?
I suppose this comes back to what stage we will take this complaint and, similarly, how we will envisage
closing it down - though I recognise this is not a decision we can necessarily make now as it is
influenced by the response we receive back. That said, I think it would be useful to discuss at our
fortnightly meetings with Jane so I will add to the agenda of the next one.
Thanks
Mark
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Mark Underwood
Complaint Review and Mediation scheme
GRO!
From: Rodric williams
Sent: 08 January 2016 11:20
To: Patrick Bourke; Mark Und
Cc: Jane MacLeod; Tom Reid (._
Subject: RE: Update re: BBC Panorama Complaint
All - further to my email below, I attach the draft letter from CMS to the BBC Editorial Complaints unit
escalating our complaint to “Stage 2” of the BBC’ s complaints procedure. Apologies for only sending
this now as I had missed it when it came into my inbox on Tuesday.
Subject to a couple of minor points, I am happy with the letter and like the way it focusses our
complaint down to two main issues: the BBC not treating us as a “contributor” so as to justify
withholding key material, despite the significant contribution we made; and its refusal to identify the
“whistleblower” to us (which, from my perspective, was the most damaging part of the programme). Both
of these issues are, I believe, important to how we would want the BBC to treat us in any future
reporting.
Please let me have any comments you may have on the draft, which we need to send by this coming Monday 11
January 2016. However, it would be nice if we could get it turned around today so as to have it land on
someone’ s desk on Friday evening!
I have copied Tom Reid from CMS to this email so he can see any responses
Thanks, Rod
<image001.png>
Rodric williams
Solicitor, Corporate Services
Post. Office Lt
rodric.williamg
From: Rodric williams
Sent: 04 January 2016 16:39
To: Patrick Bourke; Mark Underwood1; Melanie Corfield; Mark R Davies
Cc: Jane MacLeod
Subject: Update re: BBC Panorama Complaint
All - just a quick update on the BBC Panorama Complaint:
1. CMS are drafting a letter escalating the complaint to the BBC Editorial Complaints Unit, which
reviews the complaint independently of the programme makers (who have provided the BBC’ s responses thus
far).
2. I expect to get this draft in the next day or two. The final version will need to be sent to
the BBC by close of business this week.
3. The letter will focus on the strongest grounds for complaint rather than all issues raised thus
far (some of which have become rather convoluted through the exchange with the BBC programme team).
4. I believe this escalation is warranted given the high-handed approach the BBC has taken to us to
date (e.g. that despite the substantial briefings we provided, the rules around fair treatment of
contributors do not apply to us because we did not put up a spokesman,) and the number of issues which
could still reported upon (CCRC investigation; Chairman’ s Review; class action etc:-.).
5. The Editorial Complaints Unit provides a written “decision” on the complaint. This is provided
to us in draft in the first instance, which should lead to a more considered response from the BBC.
6. If the complaint is rejected, we can appeal the decision to the BBC Trust if we so choose. The
receipt of the Editorial Unit’ s response would therefore also be a convenient place to drop the
complaint if we did not want to pursue matters any further (e.g. we could take the view that although we
still feel justifiably aggrieved, we have better things to get on with).
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I’ 11 circulate cms’ s draft for comment as soon as I have it to hand. Any comments in the meantime are
as ever, welcome.
Kind regards, Rod
<image001.png>
Rodric Williams
Solicitor, Corporate Services
Post Office Ltd
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