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Message
From: Andrew Parson GRO j
Sent: 28/03/2019 13: .
To: robert worden if GRO E ; Jonathan Gribbeni.
cc: ‘Chris Emery),
Subject: RE: letter to Freeths ?
Robert
Lets discuss. Would you mind giving me a call?
My instinct is to complete the analysis first before engaging with Freeths or Coyne.
A
Andrew Parsons
Partner
Womble Bond Dickinson (UK) LLP
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From: robert worder
Sent: 28 March 2019 0:
To: Andrew Pars:
Ce: 'Chris Emery’
4 Jonathan Gribben
Subject: letter to Freeths ?
Importance: High
Andy -
How about a letter to Freeths, along the following lines?
Dear sirs -
The defendant's expert has recently identified the following aspects of the evidence:
e The total number of Peaks which contain any mention of a claimant's branch FAD code (in the period when he or
she was in post) is less than 1800
e The total number of OCPs or OCRs which contain any mention of a claimant's branch FAD code (when in post) is
less than 50
e The total number of KELs which contain any mention of a claimant's branch FAD code (when in post) is less than
X (TBD)
The total number of MSCs which contain any mention of a claimant's branch FAD code (when in post) is less
than Z (TBD)
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Lists of these documents are now available, and can be easily verified by Mr. Coyne and yourselves.
These comparatively small numbers allow the experts to take a much more direct and evidence-based approach to
Horizon issues 1, 12 and 13:
1. Horizon Issue 1: The three acknowledged bugs show that, if a bug in Horizon affects the accounts of some
branch, there is a high probability of at least one Peak which mentions that branch's FAD code. It is therefore
possible to measure the total financial impact of bugs on the claimants’ branch accounts by simply surveying the
1800 Peaks, and adding up their possible financial impact on claimants. To reduce the time required, this might
be done on an agreed random sampling basis.
2. Horizon Issue 12: Before 2010, any remote access to a branch account involved the use of an OCP or OCR which
mentioned that branch's FAD code. Therefore the number of remote accesses to claimants' branches can be
measured by a direct count of the relevant OCPs and OCRs, analysing each one to test if it really is a remote
access. After 2010, a similar exercise using Peaks and MSCs can be made.
3. Horizon Issue 13: The same approach as for issue 12 can establish, for each remote access, its likely financial
impact on the branch, and the probability that it was made in error and not detected. The sum of financial
discrepancies for all claimants can be estimated in this way by direct summation.
Therefore it will be possible in a short time for the experts to reach further opinions on issues 1, 12 and 13, which will
be more directly based on evidence and will be of greater assistance to the court. We suggest the following:
e If judge Fraser is recused, this will give time for the experts each to produce a third brief expert report,
addressing issues 1,12 and 13 in the light of this evidence. We should apply to the new Judge for permission to
submit these reports.
e = If he is not recused, there may less time available, but still the experts should produce a joint statement on their
analysis of this evidence. The remaining part of the trial might be delayed a little to allow this.
We will in any case be making submissions along these lines. We believe this new approach to the evidence can
significantly simplify the task facing the court on issues 1, 12, and 13.
The same approach may be used for future trials of lead claimants.
Your etc.
Robert
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