POL00289903
POL00289903
From: Emanuel, Catherine
Sent: Sat 07/12/2019 1
To: Watts, Alanf,
Subject: RE: 20191207 Settlement Agreement (HSF mark-up)
From: Watts, Ala
Ce: Emanuel, Catherin
Subject: Re: 20191207 Settlement Agreement (HSF mark-up)
She could have a Waitrose hamper but it probably wouldn’t turn up!!
On 7 Dec 2019, at 5:17 pm, Ben Foat +
Thanks Kate — this is fine to go across they will need it to make progress tomorrow and I think you might
want to give give Freeths a heads up that it has gone across and they need to come to a finalised view by
first thing on Monday as the last day of the mediation is Monday. Again, we do not want to hear
anything more from them other than an appropriate offer and settlement deed wording. We aren’t
going to have sessions with them in chesterfield or wherever. Frankly I don’t think there is anything
more to be said. As for Nick and I, we need to focus on the other 10,000 postmasters who are running
the branch network and serving customers over this busy December period. Hopefully that gives you
enough clarity to pass on to the other side @
lll liaise with Patrick re the joint statement.
Many thanks again for all your hard work particularly over the weekend. Given this performance, you
are undoubtedly to receive a significant Christmas bonus from Alan....
<765E9B645F6942B2895E13FE4949C2B8[52996692].png> Ben Foat
Group General
Counsel
Ground Floor
20 Finsbury
Street
LONDON
EC2Y 9AQ
POL00289903
POL00289903
From: Emanuel, Catherine
Sent: Saturday, December 7, 2019 12:16:10 PM
To: Ben Foat
Cc: Watts, Alan
Subject: FW: 20191207 Settlement Agreement (HSF mark-up)
Ben,
Below is an email I am proposing to send to the other side.
Comments are:
¢ Claim over for malicious prosecution reinstated;
e Patrick's revised draft joint statement substituted but content still to be discussed.
e Floated possibility that we might offer a CEO letter (possible terms below) if. the joint statement
can be made more positive.
Welcome your thoughts on the drafts. If it is helpful, do give me a ring. I will leave it to you whether
we should engage Patrick B now, given we are talking around the topic of communications [albeit
nothing has moved on].
Have had several calls from James Hartley fishing for our plans on Monday. I have held the line that I
have no instructions and that availability is limited (and non-existent after Monday given travel plans).
The positive point to emerge from those conversations is that there is a commitment their side to try
and resolve the documentation over the weekend. It would therefore be helpful to get these drafts out
quickly.
Possible CEO letter we could consider
Dear [name]
As you will know, the long-running litigation in the High Court has been resolved, as a result of our
mediation process which I found very instructive.
I wanted to write to you personally to share a copy of the Joint Press Statement agreed between the
parties, a copy of which is attached, and to confirm my commitment, as the new Chief Executive Officer
to applying the lessons learnt from the litigation. I am leading an ambitious and sustained programme of
changes to the Post Office’s relationship with postmasters across the country and would reiterate my
fundamental belief that postmasters are core to our future success.
I wish you all the best.
Draft email to Freeths
All,
I attach some revised settlement documentation. It is not possible to track in word against the two.
versions of changes sent through as the second version had accepted all the changes made in the first
version. The best we can therefore do is to provide two compares: (a) The word document tracks
against the first amended draft send through. (b) The comparewrite compares that draft to the second
amended draft sent through.
POL00289903
POL00289903
As regards the key points of difference:
1. As discussed night, we are willing to consider appropriate undertakings from parties that do not
wish to be parties to the main deed. I understand your side is preparing some appropriate
wording.
2. Insofar as the Historic Shortfall Scheme is concerned, as this will need to be administered by
Post Office and Post Office already has some thoughts about how this could be structured using
independent bodies, we are not attracted to your alternative of a conciliation scheme. Nick Read
is very keen on embedding a mediation-type process into dealings with SPMs going forward. We
are also concerned that it would be hard to find a conciliator who would be perceived as fair and
impartial by all concerned.
3. I note we are still to receive comments on the proposed joint statement. It would be helpful to
have those. I was a bit disappointed by the tone of the Alan Bates quote, which for present
purposes I have copied over in edited form, simply so that everything is in one place for further
discussion. It would be helpful if the emphasis on Nick and Alan's quotes was conciliatory and
positive. If that cannot be achieved, I’d suggest the quotes simply be omitted.
4. A personal and presumably discloseable apology to all 555 is problematic because the
individual cases are not of equal merit. Post Office is committed to treating people fairly and, if in
particular cases Claimants do want personal references to enable them to get new jobs, this is
catered for in the agreement. If the tone of the joint statement can be significantly improved, Post
Office would be willing to consider individual CEO letters in appropriate terms and I would
welcome your thoughts in that regard.
I would welcome your comments.
Kind regards
Kate
Herbert Smith Freehills LLP and its subsidiaries and Herbert Smith Freehills, an Australian Partnership, are separate member
firms of the international legal practice known as Herbert Smith Freehills.
This message is confidential and may be covered by legal professional privilege. If you are not the intended recipient you
must not disclose or use the information contained in it. If you have received this email in error please notify us immediately
by return email or by calling our main switchboard o1 nd delete the email.
handle personal information.
Herbert Smith Freehills LLP is a Limited Liability Partnership registered in England and Wales with registered number
0310989. It is authorised and regulated by the Solicitors Regulation Authority of England and Wales
(https://www.sra.org.uk), authorisation number 419682. A list of the members and their professional qualifications is open to
inspection at the registered office, Exchange House, Primrose Street, London EC2A 2EG. We use the word partner of Herbert
‘Smith Freehills LLP to refer to a member of Herbert Smith Freehills LLP, or an employee or consultant with equivalent
standing and qualifications. Herbert Smith Freehills LLP's registration number for Value Added Tax in the United Kingdom is
GB 927 1996 83.
2B CR 29 RR FRR 2 FRR 2 2 FAR 2K 28 AR 2 oR GR aa oo aa
POL00289903
POL00289903
This email and any attachments are confidential and intended for the addressee only. If you are
not the named recipient, you must not use, disclose, reproduce, copy or distribute the contents of
this communication. If you have received this in error, please contact the sender by reply email
and then delete this email from your system. Any views or opinions expressed within this email
are solely those of the sender, unless otherwise specifically stated.
POST OFFICE LIMITED is registered in England and Wales no 2154540. Registered Office:
Finsbury Dials, 20 Finsbury Street, London EC2Y 9AQ.
2H C2 29 4K 2K RR 2K FRR 2K 2 FAR F228 FAR A208 oF OR a oo aa
“Post Office Limited is committed to protecting your privacy. Information about how we do this
can be found on our website at www.postoffice.co.uk/privacy”
Herbert Smith Freehills LLP and its subsidiaries and Herbert Smith Freehills, an Australian Partnership, are
separate member firms of the international legal practice known as Herbert Smith Freehills.
This message is confidential and may be covered by legal professional privilege. If you are not the intended
recipient you must not disclose or use the information contained in it. If you have received this email in error
please notify us immediately by return email or by calling our main switchboard on Jand
delete the email.
Further information is available from www. herbertsmithfreehills.com, including our Privacy Policy which
describes how we handle personal information.
Herbert Smith Freehills LLP is a Limited Liability Partnership registered in England and Wales with registered
number OC310989. It is authorised and regulated by the Solicitors Regulation Authority of England and
Wales (https://www.sra.org.uk), authorisation number 419682. A list of the members and their professional
qualifications is open to inspection at the registered office, Exchange House, Primrose Street, London EC2A
2EG. We use the word partner of Herbert Smith Freehills LLP to refer to a member of Herbert Smith Freehills
LLP, or an employee or consultant with equivalent standing and qualifications. Herbert Smith Freehills LLP's
registration number for Value Added Tax in the United Kingdom is GB 927 1996 83.