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Post Office Group Litigation Information Sharing Protocol
BACKGROUND
A. UK Government Investment (UKGI), on behalf of the Department for Business, Energy and
Industrial Strategy (BEIS), oversees Her Majesty’s Government’s 100% shareholding in Post
Office Limited (POL).
POL is the Defendant in the “Post Office Group Litigation”, Bates & Others v. Post Office Limited,
High Court of Justice, Queen’s Bench Division, Claim No’s HQ16X01238, HQ17X02637,
HQ17X04248 (“Group Litigation”).
BEIS and UKGI share with POL a common interest in understanding the matters in issue in the
Group Litigation, POL’s positon on them, and the exposures they present to POL’s operations,
finances and reputation. This common interest is based (among other grounds) on BEIS/UKGI’s
ownership of POL, the investment they make in POL’s activities to support the important public
and social purpose POL serves, and the accountabilities BEIS/UKGI have for that ownership and
investment.
Consistent with that common interest, POL wishes to share with BEIS and UKGI information
about the Group Litigation. That information may include material which is confidential and/or
covered by legal professional privilege, and it is expressly agreed by BEIS, UKGI and POL that it is
in their common interest to maintain any and all such confidentiality and privilege.
This protocol therefore sets out the basis on which information about the Group Litigation will
be shared with BEIS and UKGI so as to promote their common interest and preserve
confidentiality and privilege.
REPORTING
BEIS/UKGI have appointed a shareholder representative to POL’s Board of Directors, who will
receive on behalf of BEIS/UKGI all information submitted to POL’s Board about the Group
Litigation.
BEIS/UKGI’s shareholder representative will be appointed a member of the “Postmaster
Litigation Advisory Board Subcommittee” established by the Board to receive legal advice on
the Group Litigation, and will receive on behalf of BEIS/UKGI all information submitted to the
Subcommittee about the Group Litigation.
POL will provide to BEIS/UKGI’s legal advisors updates on the Group Litigation in-person or via
telephone conference call, immediately following any meeting of POL’s Board at which the
Group Litigation is discussed.
Meetings of POL’s Board and Subcommittee have been scheduled around the “Group Litigation
Timetable” attached as Appendix A to this Protocol. The Group Litigation Timetable may
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change as a consequence of further case management directions from the court or other
developments in the Group Litigation.
CONFIDENTIALITY and PRIVILEGE
5. Information shared between POL, BEIS and UKGI about the Group Litigation may include
material which is confidential or covered by legal professional privilege.
6. Confidential information will be treated in accordance with the “Obligations in Relation to
Confidential Information” set out in Appendix B to this Protocol.
7. Material which is also covered by legal professional privilege will be considered on a case-by-
case basis, and shared between BEIS, UKGI, and POL (if at all) in the manner which best
promotes the preservation of the privilege.
Dated XX March 2018
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APPENDIX A - GROUP LITIGATION TIMETABLE
Date Trial Activity
28.02.2018 cit Stage 1 Disclosure and Inspection.
01.03.2018 NA PLSG CALL
02.03.2018 cit Agreement of 6 Lead Claimants from Potential 12 Lead Claimants by 4pm
07.03.2018 cit Claimants shall serve upon the Defendant a statement of the Factual Matrix
12.03.2018 HIT Counsel to have met to agree Horizon issues
16.03.2018 HIT Defendant to have provided a demonstration of Horizon
16.03.2018 NA PLSG CALL
w/c 19.03.2018 PROVISIONAL BOARD SUBCOMMITTEE MEETING: BRIEFING
26.03.2018 HIT CMC to determine Horizon Issues and date ranges for Stage 2 Disclosure
27.03.2018 NA Board Meeting
28.03.2018 NA PLSG CALL
29.03.2018 cit Lead Claimants to file and serve Particulars of Claim by 4pm
30.03.2018 cit POL to provide Claimants with hierarchy of mangement positions
30.03.2018 HIT Claimants to have requested up to 100 Horizon documents
06.04.2018 cit Defendant shall serve upon the Claimant a statement of the factual matrix
11.04.2018 NA PLSG CALL
13.04.2018 HIT Defendant to provide disclosure of 100 Horizon documents
19.04.2018 HIT Parties and experts to have met to agree scope for futher information / documents req
Horizon
24.04.2018 NA PLSG SteerCo Meeting
30.04.2018 NA Securtiy for Costs Hearing
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30.04.2018 CIT Merits Opinion
01.05.2018 NA PLSG SteerCo Meeting
04.05.2018 CIT Parties file at Court a statement of the factual matrix
04.05.2018 cit File and serve individual Defences in respect of the Lead Claimants by 4pm.
15.05.2018 NA PLSG Call
18.05.2018 CIT/HIT I Stage 2 Disclosure and inspection
22.05.2018 PROVISIONAL BOARD SUBCOMMITTEE MEETING: BRIEFING
24.05.2018 NA Board Meeting
30.05.2018 NA PLSG Call
01.06.2018 cit Lead Claimants to file and serve Replies to Defences by 4pm
12.06.2018 NA PLSG Call
22.06.2018 HIT IT experts to have commenced meetings and discussions
25.06.2018 NA PLSG SteerCo Meeting
26.06.2018 NA Board Meeting Away Day
27.06.2018 NA Board Meeting Away Day
06.07.2018 cit File an agreed Statement of Facts in respect of Common Issues by 4pm
17.07.2017 NA PLSG SteerCo Meeting
18.07.2018 HIT Claimants to serve provisional / outline document setting out the nature of the allegati
24.07.2018 NA PLSG SteerCo Meeting
26.07.2018 PROVISIONAL BOARD SUBCOMMITTEE MEETING: BRIEFING
31.07.2018 NA Board Meeting
01.08.2018 NA PLSG SteerCo Meeting
08.08.2018 NA PLSG SteerCo Meeting
10.08.2018 cit File and serve Witness Statements in respect of each Lead Claimant and Common Issue
31.08.2018 HIT IT experts to have producted first joint statement
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13.09.2018 NA PLSG SteerCo Meeting
14.09.2018 cIT Updated Merits Opinion
14.09.2018 HIT Claimants to serve expert Report.
19.09.2018 HIT CMC for outstanding pre Horizon Trial issues
24.09.2018 PROVISIONAL BOARD SUBCOMMITTEE MEETING: BRIEFING
25.09.2018 NA Board Meeting
30.10.2018 NA Board Meeting
02.11.2018 cit Defendant to serve expert report
05.11.2018 cit Common Issues Trial (listed for 20 days)
23.11.2018 CIT End of Common Isues Trial
26.11.2018 PROVISIONAL BOARD SUBCOMMITTEE MEETING: BRIEFING
27.11.2018 NA Board Meeting
14.12.2018 HIT Parties shall meet to hold preliminary discussion about their reports
18.01.2019 HIT Exchange supplemental expert reports
28.01.2019 PROVISIONAL BOARD SUBCOMMITTEE MEETING: BRIEFING
29.01.2019 NA Board Meeting
20.02.2019 HIT Parties experts to have produced second join stement
22.02.2019 HIT Pre Trial Review
11.03.2019 HIT Horizon Trial (listed for 20 days)
26.03.2019 NA Board Meeting
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1.1
1.2
1.3
APPENDIX B - OBLIGATIONS IN RELATION TO CONFIDENTIAL INFORMATION
“Confidential Information” means any and all information relating to the Group Litigation,
provided by Post Office Limited (“POL”) in any form or by inspection or observation, whether
supplied or received before or after the date of this Protocol, and wherever or however
stored, compiled or memorialised, together with any copies of and notes made in respect of
such information.
“Purpose” means the sharing of information in connection with the common interest
referred to in the “Post Office Group Litigation Information Sharing Protocol” to which these
obligations are appended.
UK Government Investment and/or the Department for Business, Energy and Industrial
Strategy (the “Receiving Party”) will:
1.3.1
1.3.2
1.3.3
1.3.4
1.3.5
treat and safeguard the Confidential Information as private and confidential;
not use or disclose any of the Confidential Information for any purposes other than the
Purpose;
ensure proper and secure storage of the Confidential Information;
handle, preserve and protect such Confidential Information using a high degree of
care and at least the same degree of care as the Receiving Party affords its own
confidential information of like sensitivity and importance;
permit access to the Confidential Information only to such of its directors, officers,
employees, professional advisors and, with the prior written consent of POL,
consultants (together “Individual Recipients”), as reasonably and necessarily
require access to the same in respect of the Purpose and then only on condition that
each such Individual Recipient is made aware of the confidential nature of the
Confidential Information and is subject to a written confidentiality agreement with
the Receiving Party under which that Individual Recipient agrees to comply with the
obligations imposed on the Receiving Party under this Agreement as if that
Individual Recipient was the Receiving Party under this Agreement. The Receiving
Party shall retain up to date records of all Individual Recipients and the Receiving
Party agrees to provide such records to POL at any time on demand. The Receiving
Party will ensure that such Individual Recipients shall not disclose any Confidential
Information to anyone other than as expressly authorised by POL. The Receiving
Party shall ensure that none of its employees or subcontractors solicit disclosure of
any Confidential Information from any Individual Recipients. The Receiving Party
shall ensure that all Confidential Information held by any Individual Recipients in
tangible form is returned to POL on demand and all electronic copies of such
information held by such Individual Recipients are irretrievably deleted on
completion of the Purpose or cessation of the relevant Individual Recipient’s
assignment in relation to the Purpose, whichever is the earlier. The Receiving Party
shall ensure that all its employees and directors who work with the Individual
Recipients are aware that the Individual Recipients are required to keep the
Confidential Information confidential and that if such employees or directors should
obtain any Confidential Information (or other directors or employees of the
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1.4
1.5
1.6
Receiving Party in receipt of Confidential Information) that they too shall keep it
confidential and keep it secure in the same way as the Receiving Party secures its
own confidential information;
1.3.6 immediately notify POL in writing where any unauthorised use or disclosure of any
Confidential Information has taken place or the Receiving Party is made aware that
such unauthorised use or disclosure may take place, and take such steps as POL may
reasonably require in relation to the same;
1.3.7 to the extent that any Confidential Information is proprietary to any third party
other than POL, the Receiving Party shall and shall ensure that all Individual
Recipients shall only use such Confidential Information for the Purpose and only
then in relation to POL’s procurement or receipt of services or equipment from such
third party unless POL expressly advises otherwise in writing.
These obligations of confidentiality do not apply to any information which the Receiving
Party can prove:
1.4.1 was known to the Receiving Party before the Confidential Information was provided
or made available by or on behalf of POL and was not held under an obligation of
confidence to POL whether directly or indirectly;
1.4.2 is subsequently received from any third party legally in possession of the
Confidential Information and who was not restricted from disclosing it;
1.4.3 is in or subsequently comes into the public domain (other than by breach by the
Receiving Party of its obligations under this Agreement);
1.4.4 is subsequently authorised to be used or disclosed as non-confidential information
with the prior written approval of POL;
1.4.5 is independently legally acquired by an employee, consultant or contractor of the
Receiving Party who is not restricted from disclosing it and without access to or use
or knowledge of the Confidential Information; or
1.4.6 is compelled to be disclosed by applicable law or by an order of a court of competent
jurisdiction, subject always to the Receiving Party complying with Clause 1.6.
Without prejudice to the generality of Clause 1.4.3, Confidential Information will not be
deemed to be in the public domain by reason only that it is known to only a few of those
people to whom it might be of interest, and a combination of two or more portions of the
Confidential Information will not be deemed to be in the public domain by reason only of
each separate portion being so available.
If the Receiving Party is required pursuant to Clause 1.4.6 to disclose any Confidential
Information, the Receiving Party will, to the extent permitted by law, provide POL with
prompt written notice of such requirement so that POL may assert such interest as it has in
the Confidential Information and, if thought fit, seek an appropriate order from a court of
competent jurisdiction preventing or restricting the disclosure. If, in the absence of such
order, the Receiving Party is nonetheless, in the opinion of the Receiving Party’s legal
counsel, legally required to disclose such Confidential Information, the Receiving Party may
disclose such information provided it has, to the extent permitted by law, confirmed to POL
its intention and rationale for doing so, discloses only that portion of such Confidential
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Information which it is legally required to disclose, and communicates the confidential
nature of such information to the party to whom disclosure is made.
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