POL00243124 - Post Office Group Action - Bond Dickinson Workplan

Evidence on official site

Confidential and subject to litigation privilege

POST OFFICE GROUP ACTION - BOND DICKINSON WORKPLAN

POL00243124
POL00243124

1. TIMINGS
Date Event
28 April 2016 Letter of Claim received
29 April 2016 Acknowledgment sent by POL
6 May 2016 Holding response sent by BD

May / June 2016

BD to complete Letter of Response Actions as per below

9 June 2016

Strategy Conference with Counsel

14 June 2016

Draw up list of missing info for Letter of Response based on Counsel's strategy

14 — 28 June 2016

Draft Letter of Response

28 June 2016

Preliminary Report from Deloitte expected (received 8 July 2016)

28 June 2016

First draft of Letter of Response to be submitted to POL legal for comment

30 June 2016

Draft letter returned to BD with POL legal comments

1-14 July 2016

Revise / finalise Letter of Response

6 or 7 July Possible further conference with Counsel regarding Letter of Response (no longer needed)

14 July 2016 Steering Group meeting to decide key tactical points in LOR

15 July 2016 Final letter submitted to Steering Group for approval

20 July 2016 Steering Group meeting to approve Letter of Response

25 July 2016 BAQC to identify any major difficulties arising from his review before LOR is submitted (full report due early in August)

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8 July 2016
POL00243124
POL00243124

Confidential and legally privileged

28 July 2016 Letter of Response deadline

11 August 2016 Deadline for service of Claim Form

2. ACTION UNDERTAKEN SINCE LAST STEERING GROUP MEETING

a) Draft GLO received from Freeths and further correspondence with Freeths about (i) certain specific postmasters and (ii) the scope of the
Group Action.

b) Draft LOR produced by BD and submitted to POL legal (Rodric) and Counsel for first review

c) Key decision points identified with Counsel for Steering Group approval

d) Junior Counsel engaged to research key legal points to be addressed in LOR.

e) Deloitte delivered Preliminary Report into certain technical areas of Horizon (remote access, etc.)

f) Brian Altman QC review of 9 prosecution cases (to validate that there was sufficient evidence to support charges) is underway — full report
due in early August.

g) Further work conducted on document retention at Post Office to address perseveration duties and disclosure requests.

h) Started collation of documents to be disclosed with LOR.

3. LETTER OF RESPONSE ACTIONS

Section Comment BD Action / Deadline POL Action / Deadline
LOC General The letter is long and raises lots of issues — BD to prepare para by para analysis of None at present
many of which are not covered in the information needed / response required to
schedule of questions at the end of the LOC I form basis of letter of response.
COMPLETED
LOC A: On one level this section is irrelevant as it BD to set out corrected version of history. None at present

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POL00243124
POL00243124

Background
section setting out
history of Horizon
investigations

does not go to the substance of any claim.
However it should be addressed as it is a
twisted version of history that (i) taints any
other response by POL and (ii) sets a canvas
against which Post Office is then accused of
fraud and / or ignorance of issues with
Horizon.

We largely have this knowledge already so
little further investigation will be required.

COMPLETED

LOC B: Legal
relationship
between POL and
SPMRs.

This section looks to imply new duties on
POL. The aim is to reverse the burden on
SPMRs to investigate their own losses
(presumably because Freeths know that the
SPMRs cannot show any problem with
Horizon on their own).

Instruct Counsel to advise on analysis of
legal duties.

Conference with Counsel on 9 June 2016.

Speak to Paul Inwood about historic contract
variations — 10 June 2016

None at present

between POL and
Fujitsu

Further recitation of points raised in SS P2
Report specifically in relation to FJ and
Helplines.

to be addressed to POL IT team.

Remaining answers should be covered by
POL Response to P2 Report.

BD to liaising with CMS to gain deeper
insight into FJ contract

ONGOING

COMPLETED
LOC C: The problems raised are almost exclusively a I BD to cross check LOC against POL None at present
Description of recitation of the Second Sight Part Two Response to P2 Report to ensure that all
problems with Report. points are covered.
Horizon and POL Any new points to be identified and
operating « . >
" investigated with the help of Kath and
practices. .
Shirley.
COMPLETED
LOC D: Freeths make a small number of statements I BD to review FJ contract to address None at present
Relationship about how the POL / FJ relationship works. questions; if further info is needed, questions

LOC E: Post Office

This section appears to be an attempt to pre-

No further factual information required.

None at present

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POL00243124
POL00243124

eaters with empt POL's limitation defence by saying that I Response to call out issues with limitation
Horizon POL concealed the cause of action which is and push Freeths to particularise
one of the grounds on which limitation can be I "concealment" on case by case basis
extended. Counsel to provide insight on how to address
limitation issues.
Conference with Counsel on 9 June 2016
COMPLETED
LOC F: List of Although this section raises several causes The lack of factual particulars means little None at present

specific causes of
action alleged
against POL

of action, it provides little particulars to
support each claim. An initial review
indicates that Freeths have provided
insufficient information to justify many of the
heads of claim.

investigation will be required.

BD to review each claim and identify missing
particulars / legal flaws in claims.

COMPLETED

LOC G: Loss and
damage suffered
by SPMRs

Broad heads of claims set out but no details
or figures included

BD to highlight all known legal and causation
issues with losses raised.

COMPLETED

None at present

LOC H: Invitation
to mediation

BD to research cases where mediation has
been reasonably refused.

Tactical decision to be taken on how to
respond to invitation.

COMPLETED

Approach to mediation to be discussed
at Steering Group meeting on 14 July
2016.

LOC I: Disclosure
requests

Initial review indicates that the disclosure
requests are disproportionately wide.
Complying with the request would be
disproportionately expensive.

BD to investigate sources of documents to
be preserved / disclosed before BD and POL
taking tactical decision on how to respond to
requests (against background of advice on
possible costs consequences for not acting
reasonably).

ONGOING

Various people at Post Office involved —
activity being co-ordinated by Tom
Porter

LOC J: Request for
assurance that

Same request as before

No factual information needed.
BD and POL to discuss tactical approach to

None at present

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POL00243124

POL00243124

POL will not
victimise SPMRs

responding.
Conference with Counsel on 9 June 2016
COMPLETED

LOC K: Official
Secrets Act

It is unclear why Freeths are so nervous
about the OSA section in the SPMR contract

BD to speak to Paul Inwood.

BD to research OSA requirements.
Paul Loraine

COMPLETED

To be discussed at Steering Group
meeting on 20 July 2016

LOC L: Request
for POL consent to
GLO

Initial view is that POL should oppose
formation of GLO due to lack of commonality
of issues.

Draft GLO received on 17 June. Advice to be
sought from Counsel.

ONGOING

Further conference with Counsel and
POL may be required to make decisions
on this point

LOC M: Procedure
for litigation

The idea of holding preliminary issues is
sound.

Ongoing correspondence with Freeths
ONGOING

None at present

LOC N: Timing of
response

Holding response to be sent stating that POL
will require more time to respond.

COMPLETED

None at present

3. OTHER MAJOR ACTIONS

1. Litigation

Consequences

Doc

Document setting out the potential legal
and factual ramifications of if the litigation
goes against POL.

Drafting a table setting out this information
for review/consideration.

28 July 2016

None at present

2. Jonathan Swift
QC work streams

Tony Robinson QC to advise on the
various work streams arising from the
report and the extent to which they
overlap

Advice given at conference with Counsel on
9 June 2016. No further action required.

POL to resolve how to communicate
decision to BIS.

3. Brian Altman QC

Tony Robinson QC to comment on the

Advice given at conference with Counsel on

None at present

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POL00243124
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work streams

adequacy of the investigations/reviews

9 June 2016. BAQC now instructed to
proceed. BD to monitor progress.

4. Deloitte enquiries

Tony Robinson QC to review and
comment on the sufficiency/utility of the
work being done to investigate the core
Horizon points

Advice given at conference with Counsel on
9 June 2016. Deloitte instructed to undertake
forensic review.

None at present

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