POL00274897 - Letter from Womble Bond Dickinson to Freeths LLP re: The Post Office Group Litigation - Horizon Issues - Further Supplemental Report of Dr Worden

Evidence on official site

POL00274897

POL00274897
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womblebonddickinson.com He WOMBLE
“NS BOND
DICKINSON

3 May 2019 Womble Bond Dickinson (UK) LLP

Oceana House
Second Letter 39-49 Commercial Road

Southampton

S015 1GA

Freeths LLP
100 Wellington Street

Leeds
West Yorkshire
LS1 4LT
By email onl prin
y y APGIAP6I364065.1369
Your ref:
Dear Sirs

The Post Office Group Litigation
Horizon Issues
Further Supplemental Report of Dr Worden

As you will recall, at the hearing on 11 April 2019 Mr de Garr Robinson informed the Court of two
analyses which Dr Worden wished to discuss with Mr Coyne relating to Horizon Issues 1, 12 and 13.

Subsequently, and as you are no doubt aware, Dr Worden discussed the analyses with Mr Coyne ona
without prejudice basis and on 25 April 2019 provided Mr Coyne with a draft version of a report setting
out his views on them, again on a without prejudice basis. This therefore facilitated early engagement
between the experts on the analyses. The experts are shortly meeting to discuss this report. Pending
that meeting, and without waiving privilege in the draft report, we wanted to advise you of our client's
current thinking.

As we have already made clear, Dr Worden undertook his analyses at his own instigation in the belief
that his work will assist the Court to determine Horizon Issues 1, 12 and 13. Dr Worden believes that his
duties to the Court as an expert oblige him to update the Court on his work by providing it with a further
supplemental report.

In relation to any supplemental report that may be so tendered by Dr Worden, we are considering our
position, however we are not currently minded to apply for permission to rely on the Peak based analysis
that goes to Horizon Issue 1. In considering this we are conscious of the work that might be required in
relation to this analysis and the potential adverse impact on both the Claimants and the Horizon Issues
trial. However as regards the OCR, OCP and MSC based analysis that goes to Horizon Issues 12 and
13 our preliminary view is that this could assist the Court as it provides a conclusion that Dr Worden had
not previously articulated and the consequential analysis would require limited additional work. In these
circumstances our client is considering whether to apply for permission to rely on a report containing this
analysis. If our client does make that application, it would of course also seek permission for your clients
expert to file a responsive report should he wish to do so.

We would like to invite you to share with us your views on how these matters should be handled and
your reasoning for that pending the next expert meeting.

We should be grateful for a response as soon as possible.

11/55730023_1 1

POL00274897
POL00274897

Yours faithfully

\Wowlle Book Digna (UK) KA?

Womble Bond Dickinson (UK) LLP.

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