POL00229965
POL00229965
CMS
Law.Tax
(MS Cameron McKenna LLP
. Mitre House
BBC Programme Legal Advice 160 Alderegete Street
British Broadcasting Corporation London EC1A 4DD
Room WC 2251 DX 135316 BARBICAN 2
White City
London
W127TS
NOT FOR BROADCAST
19 June 2015
Our ref SCB/THRE/MIT/111850.00038
Dear Sirs
BBC Panorama - Post Office Limited
We have been instructed by Post Office Limited (“POL” or “our client”).
We write in connection with a programme that we understand the BBC is intending to broadcast for
Panorama on 29 June 2015.
It has come to our client’s attention that the BBC has approached Second Sight Support Services Limited
(“Second Sight”) for an interview. This is the first occasion that our client has been informed of the
BBC’s intention to include a contribution from Second Sight in its programme, despite numerous
communications and, in particular, our client having previously asked, by email dated 11 June 2015, for
confirmation as to who is going to be involved in the programme and who would be providing
contributions, and what they are saying or what they have been asked to comment on. Indeed, the most
recent email from Matthew Bardo of 17 June 2015 purports to set out a list of contributors and yet Second
Sight is not mentioned
On behalf of our client we would repeat the request that BBC Panorama should provide complete details
of who is contributing to the programme and what they are saying or what they are being asked to
comment on, particularly in respect of the proposed interview with Second Sight.
Of course, Second Sight is entitled to reach its own decision regarding whether to grant the BBC an
interview and POL has no intention of interfering with Second Sight’s right to speak with the BBC if it so
wishes.
UK - 207200166.2
CMS Cameron McKenna LLP is a limited liability partnership registered in England and Wales with registration number OC310335. It is @ body corporate which uses the word
“parines” to refer (oa member, or an employee or consultant with equivalent standing and qualifications. I is authorised and regulated by the Solicitors Regulation Authority of
England and Wales with SRA number 423370 and by the Law Society of Scotland with registered number 47313. A list of members and their professional qualifications is open to
inspection at the registered office, Milre House, 160 Aldersgal London ECIA 4DD. Members are either solicitors or registered foreign lawyers. VAT registration number:
Srouping that eoordinat
wn organisation of independent
sions. CMS EEIG and each of its,
are liable only for their own acts
ir offices, Further information can
Cor omissions and not those of each other. ‘The brand name "CMS" and the {erm "firm" are used to refer to some or all of the member firms oF
te found at www.cmslegal.com
Notice: the firm does not accept service by e-mail of court proceedings, other processes or formal notices of any kind without specific prior written apreement
POL00229965
POL00229965
CMS
Law. Tax
However, it is important that the BBC appreciates and recognises that Second Sight is under certain duties
of confidence. Second Sight’s appointment as an independent review body as part of the Initial Complaint
Review and Mediation Scheme (the “Scheme”) was never intended to be a public-facing role. In its
appointment, Second Sight entered into strict confidentiality provisions agreeing not to discuss the
Scheme publicly and, in particular, not to discuss individual cases. POL has similarly provided assurances
to applicants that their cases will not be publicly discussed. The purpose of this is to protect the privacy of
applicants to the Scheme: a principle to which POL is, and always has been, strongly committed, often to
its own detriment.
We therefore wish to ensure that the BBC is fully aware of the duty of confidence that Second Sight is
under and our client has similarly reminded Second Sight of its duty. Any attempt to elicit comment from
Second Sight on individual cases or on any matters outside of the public domain would potentially place
Second Sight in breach of its confidentiality obligations. For the avoidance of doubt, you should also be
aware that the broadcast of any such confidential information would therefore also be considered to be a
breach of confidence.
All of POL’s rights are reserved in this respect.
Yours faithfully
CMS Cameron McKenna LLP
cc BBC Panorama, Zone D, 4th Floor, BBC Broadcasting House, Portland Place, London, UK, W1A.
IAA.
UK - 207200166.2 2