POL00111475 - Email from Rodric Williams to Paula Vennells, Jane MacLeod, Mark R Davies and others re Post Office Group Litigation Update - Post Office closing submissions

Evidence on official site

POLO00111475
POL00111475

Message
From: Rodric Williams's
on behalf of — Rodric Williams I_
Sent: 05/12/2018 23
To: Paula Vennel Mark R Davies
cc: vi
JAngela Van-Den-Bogerd {_
Subject: UBJECT TO LEGAL PRIVILEG'

Post Office Group Litigation - SUBJECT TO LEGAL PRIVILEGE - DO NOT FORWARD

All,

Today our QC David Cavender began closing Post Office’s case, which will continue into tomorrow when the trial will
conclude.

David covered:
- the Claimants’ inadmissible evidence, reliance on which would be an appealable error of law and/or procedure;
- the law on contract interpretation and implied terms, which we say was not addressed by the Claimants but
supports our case; and
- the contracts’ express terms on liability for losses (see below).

David spent considerable time taking the Judge through our case on the contracts’ terms on liability for losses (i.e. the
difference between a branch’s cash position as it is/found on audit, and as it should be/shown in the Horizon accounts):
- the starting point is that the clauses cannot make a postmaster liable for a loss caused by a bug in Horizon, as
any such loss will not have been caused by the postmaster;
- _ it then falls to the postmaster to show that they should not be liable for a loss, as they are best able to challenge
the content of the Horizon account showing the loss given their control over branch activities.

David believes the Judge has understood our case on this important point, such that it does not need to be directly
addressed again tomorrow.

Overall, today went well with the Judge engaging in intelligent and respectful debate. David will discuss tomorrow:
- the contracts’ express terms for suspending and terminating postmasters;
- the impact of the terms the parties agree are implied into the contracts, i.e. to provide necessary cooperation
and not to hinder the other party’s performance of the contract;
- the terms the Claimants want to imply into the contracts, which will include a discussion on the
“relational contract” issue; and
- the role of the law of agency in the postmaster relationship.

The Judge has also said he will discuss listing a formal Case Management Conference (i.e. hearing with the Judge) to
discuss the “Third Trial” after David has finished making his arguments.

Kind regards, Rod

Rodric Williams

Head of Legal - Dispute Resolution & Brand
20 Finsbury Street
London EC2Y.2A0..

Tit
2017 Winner of the Global Postal Award for Customer I
Experience -

POL-0109061