POL00260753
POL00260753
From:
Sent:
To:
Subject: RE: Post Office Limited [WBDUK-AC.FID26610170]
Hi Rod
As promised yesterday I have now looked at this for you and the short answer is that I agree that s17 compels POL to
disclose the reports to the CCRC.
The CCRC's power under s17 is very wide and under s17(4) makes it clear that the duty on POL is not affected "by
any obligation of secrecy, or other limitation on disclosure (including any such obligation or limitation imposed by or by
virtue of an enactment) which would otherwise prevent the production of the document or other material to the
Commission or the giving of access to the Commission". This therefore overrides the usual rule that the expert reports
should not be disclosed for any purpose outside the Group Litigation.
The reports also clearly fall within s17(3)(b) as you have highlighted as there is a clear connection between the Group
Litigation and the individual cases the CCRC are investigating.
The only other hurdle that the CCRC has to get over is that their power under s17 can only be exercised when it is
"reasonable to do so". As a matter of principle, the CCRC's guidance states that "the fact that material held by a public
body relates directly or indirectly to a case under review by the CCRC ...... will generally satisfy the requirement of
reasonableness". Again the expert reports directly or indirectly relate to the cases under review by the CCRC so this
hurdle will be cleared.
When disclosing the reports to the CCRC you should ensure that you notify it that the reports are not to be
disclosed by the Commission without POL's prior written consent under $25 Criminal Appeal Act 1995.
I hope this helps. If you have any further queries, do let me know.
Kind regards
Gavin
Gavin Matthews
Partner
Womble Bond Dickinson (UK) LLP.
womblebonddickinson.com
BOND
DICKINSON wv fin]
From: Rodric Williams [mailt
Sent: 02 January 2019 11:27
To: Andrew Parsons; Gavin Matthews
Subject: FW: Post Office Limited
Andy, Gavin,
Happy new year to you both — I suspect 2019 will be challenging on many fronts....
POL00260753
POL00260753
Can you please see the email trail below and attachment from the CCRC, in which they have sent to us notices under
s.17 Criminal Appeal Act 1995 seeking disclosure of the expert reports filed for the Horizon Issues trial in the Post
Office Group Litigation.
I have looked at s.17, and think that it compels us to disclose the reports (see s.17(3)(b) in particular). I would
however like a second opinion, given that providing the reports to the CCRC creates the risk that it will form views,
and possibly even make decisions, on their content, potentially usurping the specific purpose for which they were
prepared, i.e. to assist the Managing Judge determine the “Horizon Issues” in the Group Litigation.
Can you please therefore advise if we are (as the CCRC’s 13 December 2018 letter states) legally obliged to provide
the reports in response to the s.17 notice?
Thanks in advance, Rod
From: TrentM [mailto}_
Sent: 13 December 20:
To: Rodric Williams I GRO
Subject: FW: Post Office Limited
Hi Rodric,
As requested last week, please find attached a S17 notice regarding the expert reports of Jason Coyne and Robert
Worden. We look forward to receiving these at your earliest convenience.
Many thanks for your help with this.
Miles
Miles Trent
Case Review Manager
Criminal Cases Review Commission
From: Rodric Williams [mailto#
Sent: 06 December 2018 09:36
To: TrentM
Subject: RE: Post Office Limited
Trent,
My apologies, but we have been having very long days dealing with the Post Office Group Litigation Common Issues
trial (the hearing of which concludes today), while also progressing matters for that litigation’s Horizon Issues trial,
most notably the delivery of Post Office Limited’s expert’s report. As you rightly note, that report was due to be filed
and served on 30 November 2018, but will now by agreed extension be filed and served on Friday 7 December 2018.
We appreciate the interest that the CCRC has in the expert reports filed for the Horizon Issues trial. We are also
conscious that those reports have been prepared pursuant to orders made by the Managing Judge in the Group
Litigation, for the specific purpose of assisting him to determine at a trial in March 2019 issues concerning the Horizon
system, as part of the overall resolution of the Group Litigation. We trust you will understand that we do not wish to
do anything improper which might conflict with the Court’s processes.
POL00260753
POL00260753
So that we can proceed appropriately, could I please ask you send to Post Office Limited (marked for my attention) a
Section 17 Notice for the expert reports filed in the Post Office Group Litigation (Bates & Others v. Post Office Limited,
Claim No. HQ16X01238, HQ17X02637 and HQ17X04248) by:
- Jason Coyne, for the Claimants, filed on 16 October 2018; and
- Dr Robert Worden, for the Defendant, to be filed on 7 December 2018.
These can be sent to me by email if that is easier. I hope that is clear, but please let me know if you require or wish to
discuss anything further.
Kind regards, Rodric
Rodric Williams
Head of Legal - Dispute Resolution & Brand
20 Finsbury Street
London EC2Y 9AQ
2017 Winner of the Global
Postal Award for Customer
Experience
From: TrentM [mailto:;
Sent: 03 December 2018 11:55
To: Rodric Williams
Subject: RE: Post Office Limited
Importance: High
Morning Rodric,
Can I ask whether there is any progress on the below matters please? In your last email you indicated that you were
about to send something, but I don’t think I received?
I am conscious that both expert reports for the Horizon trial will now have been served. Our Commissioners are
meeting to consider the criminal cases soon, so it would be useful if we could consider the reports as soon as possible.
Kind regards,
Miles
Miles Trent
Case Review Manager
Criminal Cases Review Commission
GRO
From: Rodric Williams [mailt
Sent: 20 November 2018 10:28
To: TrentM
Subject: Post Office Limited
Miles,
I am conscious I owe you a reply on three matters (TC information retention; outstanding applicant
disclosure; Group Litigation Horizon expert reports).
POL00260753
POL00260753
I have been tied up in court with the Group Litigation Common Issues Trial, but aim to send you something
this evening.
I hope that's OK. I apologise for any inconvenience.
Kind regards, Rodric
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