CONFIDENTIAL AND LEGALLY PRIVILEGED
POST OFFICE GROUP LITIGATION
Steering Group Meeting: 20 November 2017
DISCUSSION PAPER: Next 12 months
1. THIS PAPER
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1.4 This paper sets out a number of discussion points regarding the decisions to be made and resources
required for the next 12 months.
2. MAJOR DECISION MILESTONES
24 A full timetable of activity is in appendix 1. The major points where authority from the PLSG will be
required are below. The PLSG may wish to consider whether any of these would require the
approval of GE or someone else.
Action
Deadline
Recommended PLSG
meeting date
Selecting initial pool of Lead
Claimants
23 November 2017
20 November 2017
Disclosure of documents to Freeths
19 & 23 January 2018
wic 8 January 2018
Selection of final 6 Lead Claimants
for trial
23 February 2018
wic 11 February 2018
Serve Post Office's Defences
4 May 2018
wic 23 April 2018 +
wic 30 April 2018
Agree Statement of Facts with
29 June 2018
wie 25 June 2018
Freeths
Submit proposals for trial in March 27 July 2018 wic 16 July 2018 +
2019 wic 23 July 2018
Serve witness statements 13 August 2018 wic 30 July 2018 +
wic 6 August 2018
2" CMC (to determine scope of
March 2019 trial)
19 September 2018
wic 10 September 2018
3. WORKSTREAMS AND RESOURCE
Workstream When
Internal support
External support
Active Claimants. Ongoing
To be discussed — see
other decision paper
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4.2
4.3
44
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Preservation and
disclosure of
documents
Now to January
2018 (and may
be through 2018
K&S — to locate
documents
POL IT — to facilitate
Fujitsu — to allow access to
their documents
Accenture — to facilitate
fens are access to IT systems access to POL IT systems
disclosure Advanced Discovery —
orders) forensic retrieval of
documents and hosting
documents in data room
Preparation of Now to August K&S There will be around a dozen
evidence for trial 2018 leavers who need to be
30-50 people across the ‘
r interviewed.
business need to be
interviewed. List of people I Fujitsu — may need a witness
and interview plan being statement from FJ on Horizon
prepared.
Preparation of No specific POL IT Expert witness — see other
expert evidence deadline paper.
Fujitsu and ATOS to answer
questions
Preparation for trial I Aug 18 to Nov K&S
18 i
All witnesses
March 2019 (if
preparation is to
run in parallel with
November 2018
trial)
September 2018
onwards
Second legal team from WBD
and additional Counsel.
KEY PEOPLE
Rodric Williams and Mark Underwood — significant demands will be placed on the time of Rodric and
Mark, frequently requiring immediate or very short notice responses. Consideration should be given
to whether they require more support.
Kath & Shirley — the loss of Kath & Shirley and their team would significantly harm Post Office's
prospects of success. They are an invaluable source of information. We would strongly recommend
that all efforts should be made to retain them at least to the conclusion of the trial in November 2018,
but most likely far beyond that.
PLSG - Given the tight timescales it is important that the PLSG is able to provide prompt instructions
from a fully quorate body. Consideration should be given to (i) deputies for PLSG members and (ii)
escalation routes up from the PLSG for critical decisions.
Counsel — Following the direction from GE, a second QC is being engaged to ensure that Post Office
can be represented and advised by a QC at all times.
WBD - WBD's legal team consists of 1 Partner, 2 Managing Associates and 5 other solicitors. A
further partner from WBD could be take a watching brief on the case to cover for Andrew Parsons if
unavailable.
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5. COMMS
5.1 Key points for media interest are:
5.1.1 Selection of Lead Cases — 23 November 2017 and 23 February 2017
5.1.2 Addition of new Claimants to the Group Litigation - 24 November 2017
5.1.3 Submission of the Lead Claimants’ claims — 29 March 2017
5.1.4 Submission of evidence — 13 August 2017
5.1.5 Any Court hearing
5.1.6 Trial in November 2018
5.2 Does the comms team need further support / resources?
6. RISK MITIGATION
6.1 Counsel has been asked to prepare a full written advice on Post Office's prospects of success at the
November trial. This will be available at the end of March 2018. This advice will feed into a risk
mitigation plan for avoiding or minimising any adverse outcomes from the trial. Consideration needs
to be given to how and when to resource that risk mitigation team.
6.2 GE has asked that we "black hat" the litigation, by having someone argue against all our positions
and decisions. This could be done in a number of ways:
6.2.1 A rotating and independent senior person from POL could attend PLSG meetings.
6.2.2 Our new QC could be asked to reformulate the Claimant's case into the strongest terms
possible so to test the strength of Post Office's defences.
6.2.3 An independent partner from WBD could undertake a monthly arm's length review of the
case (this could be the same partner providing the watching brief at para 4.5 above).
7. FINANCES
7.1 WBD are preparing a full cost estimate up to the end of the November 2018 trial based on the Court's
current Orders. These estimates have been prepared on the basis that Post Office wishes to
robustly defend the claims to the very highest standard. Current estimates (which have not yet been
verified) are:
TAA Counsel: £4m
7.1.2 WBD: £1.9m
7.1.3 Other costs: £400k (e-disclosure; electronic trial bundles; transcription services, etc.)
7.2 We would also recommend an additional contingency of £2m against further Court orders /
unforeseeable events.
7.3 We will provide next week full cost estimates (with line by line breakdowns) and pricing proposals for
your consideration.
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74 Other external costs:
7.41
7.4.2
7.4.3
744
Fujitsu — see other paper.
Deloitte
Expert Witness
Accenture / other IT providers
75 What is Post Office’ accounting treatment for these costs?
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CONFIDENTIAL AND LEGALLY PRIVILEGED
POST OFFICE GROUP LITIGATION on
Steering Group Meeting: 20 November 2017 DICKINSON
POST OFFICE GROUP LITIGATION — KEY DATES AND ACTIONS
Date Court Orders Which party?
Major Court Orders are in red
27 October 2017 Amendments to Claim Forms HQ16X01238 & HQ17X02637 to remove misfeasance in public office by 4pm. Claimants
3 November 2017 I Defendant's to identify the names of Claimants who have not provided an approximate value to points 8.1, 8.3, 8.4 Post Office
and/or 8.5 in their SOI to Claimants’ Solicitors.
10 November Generic Rejoinder and Reply to Defence to Counterclaim to be filed Post Office
2017
10 November Application to strike out the claims of conspiracy and contravention of the ECHR to be issued. Post Office
2017
Date to be heard by Managing Judge to be fixed.
23 November Potential! Lead Claimants (6 each) to be chosen for the trial of the Common Issues by 4pm. Both parties
2017
24 November Cut-off date for service of a new claim form with additional Claimants. Post Office
2017
6 December 2017 I Exchange E-Disclosure Questionnaires Both parties
8 December 2017 I Claimants who have not provided an approximate value to points 8.1, 8.3, 8.4 and/or 8.5 in their SOI to provide Claimants
amended form of SOI by 4pm.
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Date Court Orders Which party?
Major Court Orders are in red
8 December 2017 I Deadline for entry of New Claimants on Group Register Claimants
14 December Bankrupt or Deceased Claimants to serve on Defendant the evidence which they intend to rely to show they have Claimants
2017 standing to bring claim.
15 December Service of completed Schedules of Information by New Claimants. Claimants
2017
20 December Deadline to notify the Managing Judge whether a date for a disclosure CMC is required and if so suggesting 5 dates in Both parties
2017 January and February 2018
22 December Electronic copy of updated Group Register to be served on Defendant by 4pm. Claimants
2017
19 January 2018 Individual disclosure to be given on 12 Lead Claimants by way of a list of documents. Both parties
25 January 2018 Disclose and make available 4 x Horizon architecture documents (Schedule 2). Defendant
25 January 2018 Arrange for Claimant's IT expert to be given access to inspect KEL and Schedule 3 documents by 4pm . Defendant
25 January 2018 Disclosure and inspection of all documents delivered to Defendant by Second Sight by 4pm. Defendant
26 January 2018 Provide inspection of Individual Disclosure documents Both parties
2 February 2018 Claimants claiming PI damages in SO! must take necessary steps to request their existing relevant personal medical Claimants
records.
23 February 2018 I Parties to agree 6 Lead Claimants from Potential Lead Claimants by 4pm Both parties
28 February 2018 I Court Hearing in relation to disclosure (to take place before 28 February 2018) Both parties
29 March 2018 Lead Claimants to file and serve Particulars of Claim Claimants
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Date Court Orders Which party?
Major Court Orders are in red
4 May 2018 File and serve individual Defences in respect of Lead Claimants. Defendant
May 2018 Select Counsel for Trial 1 Post Office
1 June 2018 Lead Claimants to file and serve Replies to Defences. Claimants
29 June 2018 File an agreed Statement of Facts in respect of Common Issues by 4pm. Both parties
20 July 2018 Before this date, parties to seek to agree proposal for issues tobe heard at Trial 2 Both parties
27 July 2018 Deadline to lodge proposed issues for Trial 2 Both parties
13 August 2018 File and serve Witness Statements in respect of each Lead Claimant and Common Issues. Both parties
14 September Lodge Skeleton Arguments and draft Order(s) by 12pm Both parties
2018 [2 clear days before CMC]
14 September Agree documents for Second CMC hearing bundle and lodge by 4.30pm. Both parties
2018 [2 clear days before CMC]
19 September Second CMC to (i) review progress in Trial 1 and (ii) agree issues for Trial 2 Both parties
2018
Sept — Nov Further directions to be set at CMC above in relation to Trial 1. Both parties
5 November 2018 I Trial 1 (20 days) Both parties
Sept - March Further directions to be set at CMC above in relation to Trial 2.
11 March 2019 Trial 2 (20 days) Both parties
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