POL00275357
POL00275357
From:
Sent: Thur 23/05/2019 1
To: Alisdair Cameronf
Subject: Group Litigation- Legally Privileged - Highly Confidential
Hi Al
Just writing from the Court, Fraser J has unsurprisingly refused permission to appeal but perhaps
more surprisingly will be allowing a cost order. After lunch, he will consider the basis of the costs
order. The reason for making an order is that he wanted to exercise his discretion given the ultimate
determination for claimants would not be until mid 2020. He took the view that although the action is
not over (and therefore not determined) the common issue trial and what the contract means is over.
We will find out the basis of the costs after lunch and then HSF and I are meeting Helen Davies QC
later this afternoon. The relationship between Fraser and Cavanagh was strained at times. From
what I saw told today a new QC will be needed for the remaining trials and Court of Appeal although
we need to retain the corporate memory of Cavanagh in another way.
The concern (other than the obvious from the above) is that he will be publishing reasons which may
again be another platform to comment adversely against Post Office.
Next steps:
1. Seek permission to Appeal (substantive appeal and costs potentially) to Court of Appeal ;
2. Resumption of the Horizon trial will continue
I will update you properly after today but thought you might appreciate the heads up.
Kind regards
Ben Foat
Legal Director