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16 June 2016 Bond Dickinson LLP
‘Oceana House
39-49 Commercial Road
‘Southampton
SO15 1GA,
Post Office Limited
Finsbury Dials
20 Finsbury Street
LONDON. EC2Y 9AQ
southampton 3
andrew.parsonsI
Direct: {
Our ref:
GRM1/AP6/364065. 1369
Your ref:
Dear Sirs
Bates & others v Post Office Limited
Claim No. HQ16X01238
We refer to the above proceedings and write to confirm the advice given by Tony Robinson QC at a
conference held on.9 June 2016.
In late 2015, Mr Tim Parker, Post Office's Chairman, began a review to consider whether any further
action could reasonably be taken by Post Office to address the claims raised by postmasters in relation
to the Horizon system. Mr Jonathan Swift QC was engaged by Post Office to advise on this review. His
mandate was to conduct an independent assessment of the work which had been done already by Post
Office and whether there were any further steps that might reasonably be taken by Post Office.
In February 2016, Mr Swift provided his advice and made eight recommendations for further work that
could be undertaken. We understand that Post Office is considering those recommendations: some
have been implemented already; others are underway but not yet complete.
In April 2016, the above Claim was issued against Post Office by 91 postmasters (the Group Action).
The subject matter of the Group Action broadly overlaps with the scope of Mr Parker's review and the
subject matter of the recommendations made by Mr Swift.
In May 2016, Post Office instructed Mr Tony Robinson QC to advise them on the Group Action. As part
of his instructions, Mr Robinson reviewed the advice and recommendations put forward by Mr Swift. Ata
conference attended by Post Office's legal team and others on 9 June 2016, Mr Robinson was asked to
advise on, amongst other matters, whether Mr Parker should continue his review and / or implement Mr
Swift's recommendations.
Mr Robinson's "very strong advice" was that Mr Parker's review should cease immediately. There was a
material risk that Mr Parker's review, and particularly the implementation of Mr Swift's recommendations
by Mr Parker, would not be covered by privilege. Material related to these actions may therefore
potentially be disclosable to the Claimants in the Group Action and that could undermine Post Office's
prospects of success and / or negotiating position.
Given the overlap of issues between Mr Parker's review and the Group Action, Mr Robinson advised that
it would still be prudent for Post Office to implement the 4'", 5t, 6!" and 8! recommendations of Mr Swift
to the extent that these were required to advance Post Office's case in the Group Action and as
appropriately adapted to meet the needs of the litigation. This work should however be conducted
exclusively by Post Office's legal team (or by others instructed by Post Office's legal team) so to
maximise the prospect of asserting privilege over this work.
Bond Dickinson LLP is a limited liability partnership registered in England and Wales under number 0C317661. VAT registration number is
GB123393627. Registered office: 4 More London Riverside, London, SE1 2AU, where a list of members’ names is open to inspection. We use the
term partner to refer to a member of the LLP, or an employee or consultant who is of equivalent standing. Bond Dickinson LLP is authorised and
regulated by the Solicitors Regulation Authority.
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Yours faithfully
Bond Dickinson LLP
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