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Ian Henderson
Second Sight Support Services Ltd
7 Canon Grove
Yarm
TS15 9XE
16 October 2012
Private & Confidential
Dear Sirs
We refer to your request for documentation in connection with
certain Post Office® branches and Subpostmasters (the “Documents) .
You have requested the Documents in connection with the review to
be conducted by Second Sight Support Services Ltd (‘Second Sight’)
into allegations made that the Horizon point of sale computer
system used by Subpostmatsers in Post Office® branches is the
source of unresolved accounting shortages (the “Review”).
The Documents are being provided by Post Office Ltd to Second Sight
for the limited purpose of the Review only. The Documents should
not be used for any other purpose without the prior written consent
of Post Office Ltd.
All Documents provided by Post Office Ltd to Second Sight for the
Review are being provided in confidence. Confidentiality in the
Documents is to be maintained at all material times by Second Sight
in strict accordance with the terms of the Non-Disclosure Agreement
between Second Sight and Post Office Ltd (a copy of which is
enclosed) .
Please be aware that the Documents provided to you contain legally
privileged material. By providing the Documents to you, Post Office
Ltd is not waiving any privilege in the Documents (either
expressly, by implication or otherwise) and Post Office Ltd
continues to claim privilege in any and all Documents to which
privilege applies. This includes, but is not limited to, any
correspondence, memoranda, notes, records, emails or documentation
which contains legal advice, or has been prepared for the purposes
of obtaining legal advice and/or in reasonable contemplation of
litigation. It also includes all copies of any such documents and
any manuscript amendments or notes made to these categories of
document.
www.postoffice.co.uk
Post Office Ltd is registered in England and Wales. Registered No. 2154540, Registered Office 148 Old Street, London, EC1V 9HQ.
Post Office and the Po € logo are registered trade marks of Post Office Ltd
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In consideration for Post Office Ltd providing the Documents to
you, Post Office Ltd requires you to provide a contractual
undertaking on the following terms:-
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Undertaking
Second Sight unconditionally and irrecoverably undertakes and
agrees that:-
(a) The Documents provided by Post Office Ltd for the Review (as
defined above) contain documents which are privileged and
that the benefit of that privilege shall at all times belong
to Post Office Ltd.
(b) The provision of the Documents by Post Office Ltd does not
amount to a waiver of the privilege which subsists in any
documents to which privilege shall apply.
(c) The Documents provided by Post Office Ltd for the Review, any
notes, copies or scans of any such Documents and any
information contained therein will be held by Second Sight in
complete confidence and will not be disclosed to any other
party or used for any other purpose whatsoever without the
prior written consent of Post Office Ltd.
(d) Post Office Ltd will immediately be informed of any request
or order for disclosure of the Documents or any of the
information contained therein (save where by informing Post
Office Ltd, Second Sight would contravene any law or
regulation).
(e) Notes, copies or scans of any of the Documents provided by
Post Office Ltd for the Review will be taken for the Review
only and will be destroyed or returned to Post Office Ltd
within 7 days of the Review having been concluded.
Please confirm your agreement to the undertaking set out above by
providing that undertaking to us on Second Sight headed notepaper.
We look forward to hearing from you.
Yours sincerely
Susan Crichton
HR & Legal Services Director
Post Office Limited
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