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Message
From: robert worden
Sent: 22/05/2019 20:21
To: Andrew Parsons
cc: ‘Chris Emery’ [chri Jonathan Gribben
T'Nick Masterson-Jones! q
Subject: RE: Post Office Group Litigation - Expert Report - URGENT AND IMPORTANT [WBDUK-AC.FID26896945]
Andy -
The only follow-on thought to this tirade is:
I would have thought that it is in an important underpinning of the independence of an expert, that he should be able to
write to the court directly - and not have his communications with the court filtered by his lawyers. That, and your
advice to do so, is why I wrote directly.
But you are right - he is crazy. Sorry to have caused you this trouble.
Enjoy tomorrow. We may learn something of use.
Robert
(Nick - see the whole email chain)
From: Andrew Parsons ¢
Sent: Wednesday, May 22, 2019 4:57 PM
To: robert worden
Ce: 'Chris Emery’ Jonathan Gribben
Robert - FYI
A
Andrew Parsons
Partner
Womble Bond Dickinson (UK) LLP’
Manage your e-alert preferences
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DICKINSON
From: Andrew Parsons
Sent: 22 May 2019 16: -
To: ‘Patrick Green QC’! GRO >; Fraser, Angela I
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Cavender'
<Angelique.Richar
GRO >; ‘Anthony de Garr Robinson’
‘Subject: RE: Post Office Group Litigation - Expert Report - URGENT AND IMPORTANT, {Webuk- -AC.FID26896945]
Dear Ms Fraser
1 am responding on behaif of Mr Robinson who is away from chambers today. In light of the Judge's direction that this
matter be addressed first tomorrow, Mr Robinson will be in Court tomorrow.
For the sake of good order, I note that Dr Worden forwarded his email to Mr Coyne and the Claimants’ solicitors
immediately after sending it to the Court.
Regards
Andy
From: Patrick Green Q
Sent: 22 May 2019 16:1!
‘Anthony de Garr Robinson’
: Post Office Group Litigation - Expert Report - URGENT "AND IMPORTANT
Dear Ms Fraser
Yes; that direction is understood.
Thank you.
Best,
Patrick Green
Patrick Green QC
From: Fraser, Angela c
Sent: 22 May 2019 11
To: ‘andrew.parsons
+; Patrick Green QC: GRO “'b; ‘David Cavender’
YW le Garr Robinson’
Dear all
Due to the unusual circumstances of the communication below and the attachments, the Managing Judge directs that
none of the claimants’ advisers should read (or in any way deal with, including distribute) any of the attachments in
advance of tomorrow’s hearing, at which point the matter can be properly canvassed. This matter will be addressed
first.
The Managing Judge asks for confirmation by return that this direction is understood and will be complied with.
From: Fraser, Angela
Sent: 22 May 2019 15:
To: 'andrew.parsons
<Angelique.Richardso
<andrew.parsons! ‘Angelique.Richardsoni GRO
'; Patrick Green QC <PGreenQCé >; David Cavender
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_p; Anthony de Garr Robinso!
FW: Post Office Group Litigation - Expert Report - URGENT AND IMPORTANT
The Managing Judge has asked me to send the following message to the parties:
1. This e mail below with attachments was sent to the court directly by one of the expert witnesses. Witnesses are
not to communicate directly to the court, whether they are lay or expert witnesses. All communications to the
Managing Judge (obviously through his clerk) must come from the parties’ legal advisers.
2. Further, this e mail was not copied to the claimants, the other side in the litigation. This must never occur. Any
communication to the court must always be copied to the other side.
Kind regards
Angela Fraser
Clerk to the Hon. Mr Justice Fraser
Judge in Charge of the Technology and Construction Court
The Royal Courts of Justice
Pod 10, 4" Floor
Rolls Building
Fetter Lane
London
EC4A 1NL
charter
From: robert worden [mailto
Sent: 22 May 2019 15:25
To: Fraser, Angela ¢
Ce: ‘Andrew Parsons" 4 I
Subject: Post Office Group Litigation - Expert Report
Dear Ms Fraser -
Please could you pass this on, with its attachments, to the Managing Judge in the Post Office Group Litigation? Thank
you.
To Mr Justice Fraser - Concerning the Post Office Group Litigation
Dear Judge,
As was explained by Mr De Garr Robinson in court on 11 April, I have made some further analyses of Horizon Issues 1,
12, and 13. This work was done at my own instigation, and was not prompted by the Post Office or its lawyers. In my
opinion this work has led to a material change to my opinions, and I am therefore obliged to inform the court of those
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changes in a report. With this email I am sending you the report and its Appendices, in completion of the action. I am
doing this on the basis that the trial will re-convene on 4th June, and so the court may need to be aware of it then. The
report is 13 pages long.
As the court is aware from my first expert report, I have interpreted ‘extent’ in Horizon issue 1 as requiring a number -
the maximum proportion of the claimed losses which is attributable to bugs in Horizon. My first estimate of that
number, in my first report and revised in the second expert joint statement, is 0.4%. This estimate was adjusted in a
direction to favour the claimants, so that the court may better rely on it.
In my opinion, that estimate is still sound. The enclosed report contains an independent estimate of the same number,
which is 0.6%. Because that estimate is based on a simpler analysis, and relies on evidence that in my view can be
checked over a weekend, I believe it can be of assistance to the court. That is why I started this analysis, and why I am
now sending it to the court.
Similarly, for Horizon Issues 12 and 13, the analysis in the attached report is in my opinion simple, easy to check, and
leads to results which I was not able to derive before. Therefore I believe it can be of assistance to the court.
A draft version of this report was first provided to Mr Coyne on 25th April, and a final version was sent to him on 16 May
. I have not yet been able to have a substantive discussion of this report with him, other than my explaining points in
the report to him.
I understand that when cross examined on the Horizon issues, this report is now a part of my opinion and I may need to
refer to it. It is also my understanding that Post Office does not intend to make any application to the court in relation to
this report.
Yours Sincerely,
Robert Worden
This e-mail and any attachments is intended only for the attention of the addressee(s). Its unauthorised use, disclosure,
storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the
sender by return e-mail. Internet e-mail is not a secure medium. Any reply to this message could be intercepted and
read by someone else. Please bear that in mind when deciding whether to send material in response to this message by
e-mail. This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the
Ministry of Justice. Monitoring / blocking software may be used, and e-mail content may be read at any time. You have a
responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents.
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