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From:
Sent:
To:
Subject: RE: Privileged & Confidential
Will do
From: Alisdair Cameron <.
Sent: 27 June 2019 15:02
To: Watts, Alan
Subject: RE: Privileged & Confidential
Could you talk to and share with Richard Watson also? Thanks Al
Al Cameron
‘Z@s3p \ ‘Interim Chief Executive
20 Finsbury Street
London
EC2Y 9AQ
From: Watts, Alan
Sent: 27 June 2019 14:49
To: Alisdair Cameron }_
Henderson,
Al
I attach the draft just received from the counsel team and WBD. The intention would be to omit the bit in square
brackets although that makes the argument for 3 Ls harder but I just think it is likely to enrage Coulson and not make
it look as if we have changed approach at all.
Regards
Alan
From: Alisdair Cameron <! .
Sent: 27 June 2019 14:43
GR
+ Tim Parker
LL GRO} Thomas Cooper
RE: Privileged & Confidential
Henderson,
Ken McCalli
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So it is hard to gauge without seeing the letter but the sensitivity is anything that looks like we aren’t
changing our approach and are doubling down again. I appreciate you have already ruled out a more
incendiary thought from the new QC....l am copying Tim, Tom and Ken as the other members of the sub-
committee with apologies for urgency, for other views. If a call is needed, tonight or first thing is clearly
required. Kind regards Al
Al Cameron
Interim Chief Executive
POST.
OFFICE
20 Finsbury Street
London
EC2Y 9AQ
From: Watts, Alan t
Sent: 27 June 2019 14:26
To: Alisdair Cameron
Ce: Rodric Williams
Tom
Subject:
Ben Foat
Massey, Kirsten ¢ Henderson,
G
rivileged & Contidential
Al and Ben,
By way of update on the Common Issues appeal, in light of the terms of Coulson LI’s Order of last week (refusing
expedition and restricting the skeleton), Helen Davies has been revisiting in her mind the question of whether there is
anything we can or should be doing to seek to ensure that the permission application is not finally determined by
Coulson U sitting alone. Helen was surprised by both the content and also the tone of his Order.
There is extremely limited opportunity in the Court rules to ask for someone other than Coulson LJ alone to determine
the application for permission to appeal. There is, however, a limited rule which can enable a direction for an oral
hearing in an appropriate case and moreover which can be directed to be heard by a panel comprising judges other
than the just the original single Lord Justice. We're working with Helen to produce a letter this afternoon which
would accompany the revised Skeleton (due tomorrow, 28 June) which seeks to request an oral hearing before a
panel of judges in a way which doesn’t undermine the strength of the application. We will share the letter with you as
soon as completed.
The obvious risk is that Coulson LU is further driven by the letter to seek to find ways to refuse the application.
However, we will not be including anything in the letter that suggests any potential bias on the part of Coulson. Our
position will be that an oral hearing is suitable given this is a complex appeal concerning important and novel legal
issues. It is also fair to say that the Coulson risk already exists and therefore sending the proposed letter may
potentially best protect Post Office’s interests.
We also explored with Helen the possibility of her sending the letter. She isn't keen on the basis that (1) a letter from
Counsel will look much more like a Skeleton and potentially infuriate Coulson U as a perceived attempt to bypass the
50 page limit and (2) with Coulson LI I suspect in any event it might backfire as he could (wrongly) perceive it as an
attempt by a commercial silk to throw weight around.
As an alternative we thought that we could come on the record for Post Office in the appeal only (at this stage) and
send the letter. This shows a break with WBD and the team behind the recusal application which may be colouring
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Coulson's attitude.
Given that the letter is going to be written in extremely neutral terms, and the Coulson risk appears to be very real,
we would be inclined to send it. However, appreciate its finely balanced.
We'll need to send this out during the course of tomorrow so ideally we should settle our instructions today if
possible. Please let me know if helpful to discuss. I will be over for the Steering Group Meeting at 4.
Regards
Alan
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