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From: Patrick Bourke[/O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP
(FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=7BA264A5565445F7AC8EF 1D16B512067-
PATRICK BOU]
Sent: Mon 07/10/2019 9:25:39 AM (UTC)
To: Mark Underwood
Angela Van-Den-Boger:
Ce:
Subject: RE: Letter to Freeths and Court - KEL disclosure [WBDUK-AC.FID26896945]
Mark, as you know, I sent this to both Ben Foat and Mark Davies on Friday. Neither has responded. If Ben is there, do
you want to just ask him ?
From: Mark Underwoodx!
Sent: 07 October y
To: Patrick Bourk
Angela Van-Den-Bogerd 4
"5 andrew.parsons
_____.GRO i]
5 Ruth X Barker:
Subject: RE: Letter to Freeths and Court - KEL disclosure [WBDUK-AC.FID26896945]
Hi, sorry to be a bore — but given the lines reference Fujitsu being at fault, could we take a belt and braces approach to
sign off and make sure Al / someone at GE level signs off the response?
Thanks
Mark
Mark Underwood
Portfolio Director
Ground Floor
20 Finsbury Street
London EC2Y 9AQ
Mobile number: /
ADVANCE NOTICE OF LEAVE: 30 SEPT ~ 4
OCT (INCLUSIVE)
From: Patrick Bourke
Sent: 07 October 2019 09:54
andrew.parsons
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Hi Angela
Hope you had a good time. Yes, it is the final text for the time being and no, we haven’t had to use it. Karim will let
FJ’s press outfit to have a heads up if we need to deploy it (which I imagine we will soon enough).
Patrick
From: Angela Van-Den-Bogerd
Sent: 07 October 2019 09:15
To: Patrick Bourké
Melanie Corfield 4 GRO
3 Mark Underwood4~ GRO }
: Amy Prime
Just back from leave and catching up.
Patrick — is the text below our agreed final reactive statement? Have we had to use at all?
Andy — any response from Freeths or the Judge to the letters/emails you sent them last week?
Thanks,
Angela
1* Floor,Ty Brwydran,
Atlantic Close,Llansamlet
Angela Van Den Bogerd
Business Improvement Director
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From: Patrick Bourke
Sent: 04 October 2019 17:51
To: Mark Underwood Melanie Corfield
“3 Angela Van-Den-Bogerd
Subject: RE: Letter to Freeths and Court - KEL disclosure [WBDUK-AC.FID26896945]
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Now with the text:
REACTIVE LINES RE DISCLOSURE ISSUE — FUJITSU/ KELS - OCTOBER 4 2019
We take our continuing duty of disclosure extremely seriously.
The litigation is complex and involves claims which span a period of around two decades. The volume of disclosure is
therefore very significant, with searches through 17 million documents to date. Horizon documents are held and
supplied by Fujitsu and we have worked with a specialist disclosure consultancy to assist with this major disclosure
exercise which involves more than 80 classes of documents. In excess of 500,000 documents have been provided by
Post Office to date, with around half of these directly related to Horizon.
At every stage of the disclosure process, we have sought to ensure that the claimants are provided with access to the
documents required by the Court. We were, therefore, extremely disappointed recently to learn from our supplier,
Fujitsu, that the information they had provided earlier in the litigation regarding the availability of older versions of
some specific technical documents was inaccurate. We immediately notified the claimants and the Court of this and
we are, of course, now making the appropriate further disclosure.
We are very sorry about this development and have apologised both to the Court and the Claimants, through their
solicitors.
From: Patrick Bourke
Sent: 04 October 2019 17:48
To: Mark Underwood
Melanie Corfield
Amy Prime
Angela Van-Den-Bogerd”
and Court - KEL disclosure [WBDUK-AC.FID26896945]
I’ve tweaked again very slightly — including the ref to the apology.
If ok, it’s going to Mark D, Ben, Sherrill and I’ll let press team have it.
Let me know soonest.
From: Mark Underwoo:
Sent: 04 October 2019 17:27
To: Patrick Bourke” GRO
andrew. parson:
Melanie
: Amy Prime;
Angela Van-Den-Bogerd
Subject: Re: Letter to Freeths and Court - KEL disclosure [WBDUK-AC.FID26896945]
Yep, happy with that.
In my previous note I attached an email that I sent last night to mark d and Ben - if you reply to that, that
should be everyone.
Mark
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From: Patrick Bourke
Sent: Friday, October 4, 2019 5:24:35 PM
Melanie Corfield
Angela Van-Den-Bogerd
and Court - KEL disclosu
Hi Mark
Thanks and massive thanks to Mel in particular. I’m happy with this except can we say ‘to date’ rather than
“thus far’?
Who needs to have it ?
P
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From: Mark Underwoo
Sent: Friday, Octob
To: Melanie Corfiel
Patrick Bourke 5
Angela Van-Den-Bogerd
“Subject: RE: Letter to Freeths and Court - KEL disclosure [WBDUK-AC.FID26896945]
Hi Patrick,
Below is what I believe to be the final version. I have tweaked some of it. The most notable of which is changing the
sequencing and the removal of the word “written”. Having read the email attachments Andy has provided, I am not
sure they ever explicitly gave written assurance — rather i) a call was held ii) it was written up by WBD iii) Fujitsu did
not correct what they had said verbally.
I have removed
If you are happy with it, I would suggest replying to that attached email, for their final review?
Mark
REACTIVE LINES RE DISCLOSURE ISSUE — FUJITSU/ KELS - OCTOBER 4 2019
We take our continuing duty of disclosure extremely seriously.
The litigation is complex and involves claims which span a period of around two decades. The volume of disclosure is
therefore very significant with searches through 17 million documents to date. Horizon documents are held and
supplied by Fujitsu-with aninf ti rs and we have worked with a specialist disclosure
consultancy to assist with this significant disclosure exercise which involves more than 80 classes of documents.ftbe-
Ww. btaining/h btained further Hegal} +the highest level from Fulit: cb in-absolutely
Het Sedat ised -} More than 500,000 documents have been provided by Post Office
thus farsefar-during this litigation, with around half of these directly relating to Horizon.
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Wehave sought strenueusly At every stage of the disclosure process we have sought to ensure the claimants are
provided with access to the documents required by the Court. We were extremely disappointed to recently learn
from our supplier, Fujitsu, thataweitter-assurance the information they had provided earlier in the litigation
regarding the availability of older versions of some specific technical documentswe-had previously disclosed was
inaccurate. We immediately notified the claimants and the Court of this and will of courseare be making appropriate
disclosure as soon as possiblefefthe relevant 30-decuments].
We are very sorry about this development and have apologised.
Mark Underwood
Portfolio Director
Ground Floor
20 Finsbury Street
London EC2Y 94Q
Mobile numbe
ADVANCE NOTICE OF LEAVE: 30 SEPT ~ 4
OCT (INCLUSIVE)
From: Melanie Corfield
Sent: 04 October 2019 15:20
To: Patrick Bou
andrew.parson:
Mark
Amy Primé Angela Van-Den-Bogerd
Subject: Re: Letter to Freeths and Court - KEL disclosure [WBDUK-AC.FID26896945]
Sorry should have said subject to review of last line when we know position. Missing figure is 17m. And my
name is Mel, not Nel.
Hate typing on phone....
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From: Melanie Corfield
Sent: Friday, October 4, 2019 3:16:29 PM
To: Patrick Bourk
andrew.parsons! _
_ Mark Underwood}
Angela Van-Den-Bogerd
Subject: Re: Letter to Freeths and Court - KEL disclosure [WBDUK-AC.FID26896945]
This is final draft subject - with Andy's chane to review re last line. The missing figure is17m. Sorry not at
laptop atm.
Nel
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From: Patrick Bourké
Sent: Friday, October 4,
To: Mark Underwood; Melanie Corfield
Angela Van-Den-Bogerd
and Court - KEL disclosure [WBDUK-AC.FID26896945]
Hi everyone
Are we final ?
P
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Patrick
Angela Van-Den-Bogerd
Subject: Re: Letter to Freeths and Court - KEL disclosure [WBDUK-AC.FID26896945]
Yep, thanks Mel, I think Amy is currently establishing that fact.
Amy?
Mark
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From: Melanie Corfield
Sent: Friday, October
To: andrew.parson:
} Patrick Bourk Amy Prime
L
isclosure [WBDUK-AC.FID26896945]
Thanks Andy. Below revised version for ease.
Mark U — grateful if you could confirm the total number of documents searched.
Thanks
Mel
REACTIVE LINES RE DISCLOSURE ISSUE — FUJITSU/ KELS - OCTOBER 4 2019
We take our continuing duty of disclosure extremely seriously. More than 500,000 documents have been
provided by Post Office so far during this litigation, with around half of these directly relating to Horizon.
We have sought strenuously at every stage of the disclosure process to ensure the claimants are provided with
access to the documents required by the Court. We were extremely disappointed to recently learn from our
supplier, Fujitsu, that a written assurance they provided earlier in the litigation regarding the availability of
older versions of some specific technical documents that we had previously disclosed was inaccurate. We
immediately notified the claimants and the Court of this and are making appropriate disclosure [of the relevant
30 documents]. We are very sorry about this development and have apologised.
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The litigation is complex and involves claims which span a period of around two decades. The volume of
disclosure is therefore very significant with searches through [xxxxx million] documents to date. We have
worked with a specialist disclosure consultancy to assist. Horizon documents are held and supplied by Fujitsu,
with an information assurance process. [tbc: We are obtaining/ have obtained further [legal] assurances at the
highest level from Fujitsu and we remain absolutely committed to our continuing duty of disclosure.]
From: Andrew Parsons
Sent: 04 October 2019 12:13
To: Melanie Corfiel
— }Amy
4 Angela Van-Den-
Patrick Bourke
Subject: RE: Letter to Freeths and Court - KEL disclosure [WBDUK-AC.FID26896945]
Mel - one suggested change — please change documents are "owned by FJ" to "held by FJ" — some of the docs are
owned by PO even though they are in F's possession.
The last sentence is likely to depend on the final approach taken to FJ — in which there is an active parallel
conversation with Rod about this.
A
Andrew Parsons
Partner
Womble Bond Dickinson (UK) LLP
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womblebonddickinson.com
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DICKINSON in)
From: Melanie Corfield
Sent: 04 October 2019 11:42
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To: Patrick Bourkei I Mark Underwood:
ngela Van-Den-Bogerd
L disclosure [WBDUK-AC.FID26896945]
Yes agreed — thanks. Have changed the last line (below).
Also I think we need a Q and A on nature of docs and suggest below (apologies if I am misunderstanding these KEL
docs though). If we are (likely) asked about potential legal action against FJ I think we will use our standard line - we
are not discussing the detail of continuing live litigation.
Mel
Q. Do the new documents relate to bugs in Horizon and provide new information about these?
A. The documents are previous versions of documents already disclosed relating to error and fixes in
Horizon. [If further questioning — as this ongoing litigation and a matter for the Court we cannot discuss in
further detail]
REACTIVE LINES RE DISCLOSURE ISSUE — FUJITSU/ KELS - OCTOBER 4 2019
We take our continuing duty of disclosure extremely seriously. More than 500,000 documents have been
provided by Post Office so far during this litigation, with around half of these directly relating to Horizon.
We have sought strenuously at every stage of the disclosure process to ensure the claimants are provided with
access to the documents required by the Court. We were extremely disappointed to recently learn from our
supplier, Fujitsu, that a written assurance they provided earlier in the litigation regarding the availability of
older versions of some specific technical documents that we had previously disclosed was inaccurate. We
immediately notified the claimants and the Court of this and are making appropriate disclosure [of the relevant
30 documents]. We are very sorry about this development and have apologised.
The litigation is complex and involves claims which span a period of around two decades. The volume of
disclosure is therefore very significant with searches through [xxxxxmillion] documents to date. We have
worked with a specialist disclosure consultancy to assist. Horizc e owned and supplied by
Fujitsu, with an information assurance process. ic
‘from Fujitsu
From: Patrick Bourke
Sent: 04 October 2019 11:32
To: Melanie Corfiel
Underwood
Den-Bogert
Subject: Re:
Amy Primel "GRO.
‘ew. parson:
Angela Van-
GRO
ér to Freeths and Court - KEL disclosure [WBDUK-AC.FID26896945]
Thanks Mel - looks good I think.
Just one point - an investigation is necessarily backwards looking - is there something we can say or indeed
should about seeking assurances at the highest levels about the forward looking piece. It’s a fine balance, I
know.
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From: Melanie Corfield
Sent: Friday, October 4, 2019 1
Mark Underwood?
Angela Van-Den-Bogerd
Subject: RE: Letter to Freeths and Court - KEL disclosure [WBDUK-AC.FID26896945]
Here’s suggested lines. I am slightly worried about the last line re undertaking investigation with FJ because it might
imply concern re accuracy of their information more generally. We will of course need to review in any event,
depending on reaction from Freeths and Judge Fraser.
Mel
REACTIVE LINES RE DISCLOSURE ISSUE — FUJITSU/ KELS - OCTOBER 4 2019
We take our continuing duty of disclosure extremely seriously. More than 500,000 documents have been
provided by Post Office so far during this litigation, with around half of these directly relating to Horizon.
We have sought strenuously at every stage of the disclosure process to ensure the claimants are provided with
access to the documents required by the Court. We were extremely disappointed to recently learn from our
supplier, Fujitsu, that a written assurance they provided earlier in the litigation regarding the availability of
older versions of some specific technical documents that we had previously disclosed was inaccurate. We
immediately notified the claimants and the Court of this and are making appropriate disclosure [of the relevant
30 documents]. We are very sorry about this development and have apologised.
The litigation is complex and involves claims which span a period of around two decades. The volume of
disclosure is therefore very significant with searches through [xxxxxmillion] documents to date. We have
worked with a specialist disclosure consultancy to assist. Horizon documents are owned and supplied by
Fujitsu, with an information assurance process. We have undertaken an investigation with Fujitsu and we
remain absolutely committed to our continuing duty of disclosure
From: Patrick Bourke
Sent: 04 October 2019 09:11
k Underwoodi~
Angela Van-Den-Bogerd
andrew. parson:
Melanie Corfiel
hs and Court - KEL disclosure [WBDUK-AC.FID26896945]
Mark
We spoke and I have since spoken to Mel (copied) who is happy to help craft a sensible, slightly more specific,
line should this become public.
What we need is a plain English explanation from WBD of our approach to disclosure and how this met or
exceeded the requirements of Court rules, and some guidance on how far we can go in pointing at failure at
the FJ end. We would also benefit from an ability to say what we are doing to ensure that this does not happen
again (which needs to be persuasive) and why we think this is an isolated instance.
Can we get this ASAP pls ? I’m out of action until 1030 but Mel is on standby right now.
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andrew. par:
I Angela Van-Den-Boge
Patrick Bourke
‘Subject: RE: Letter to Freeths and Court - KEL disclosure [WBDUK-AC.FID26896945]
Mark
There have been a number of letters sent by WBD which explain the approach taken to disclosure. Please find
attached the explanatory letters for each of the stages of disclosure, along with letters from October 18 and January 19
which responded to the Claimants’ concerns on the disclosure provided by Post Office.
If there is anything in particular which you are looking for, please let me know.
Many thanks
Amy
Amy Prime
Associate
Womble Bond Dickinson (UK) LLP
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Sent: 03 October 2019 22:27
To: Andrew Parsons {
Den-Bogerd
“1
Patrick Bourke!
EL disclosure [WBDUK-AC.FID26896945]
Thanks Andy,
Angela & Patrick, please find attached the letter which was sent to the Court today, along with the letter that it
referenced and which was sent to Freeths.
Amy (copied) is sending a copy of a letter which was sent to Freeths in January and which sets out the approach we
have taken to disclosure along with all of the checks and balances.
Patrick — are you free at all tomorrow for me to give you (and Mel) a call tomorrow morning?
Mark
Mark Underwood
Portfolio Director
Ground Floor
20 Finsbury Street
London EC2Y 94Q
Mobile number
ADVANCE NOTICE OF LEAVE: 30 SEPT - 4
OCT (INCLUSIVE)
From: Andrew Parsons I”
Sent: 03 October 2019
To: Mark Underwood!
Subject: Fwd: Letter to Freeths and Court - KEL disclosure [WBDUK-AC.FID26896945]
Letters attached.
From: Amy Prime
Sent: Thursday, 3 October, 14:24
Subject: Letter to Freeths and Court - KEL disclosure [WBDUK-AC.FID26896945]
To: Rodric Williams, Emanuel, Catherine, Lerner, Alex
Cc: Andrew Parsons, Tom Beezer, Lucy Bremner
All
Please find attached the letters as sent to Freeths and the Court today.
Kind regards
Amy
Amy Prime
Associate
Womble Bond Dickinson (UK) LLP
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