POL00325918
POL00325918
From: Pheasant, Andrew[,__
Sent: Wed 01/10/2014 7:
To:
Ce:
- ° GRO
Subject: RE: CK Draft Instructions to Expert [BD-4A.FID20472253]
Attachment: Quotation CO06784 - Phase 2.pdf
Attachment: _DOC_29475248(1)_Instructions to Expert (Draft).DOC
Hi Jarnail,
My apologies I have actually been on paternity leave for the past week — which arrived slightly sooner than I
anticipated!.
Attached are the draft Instructions with some minor amendments. Of course you and Martin will be best placed and
have the expertise to determine the scope etc so I have primarily considered the Instructions from a contractual
perspective.
The main changes are to incorporate the entire Agreement; reference to the quote provided and fix this quote; and
dealing with the proposed undertakings relating to the Non-Disclosure Agreement (see below).
In relation to the quote, have any procurement requirements been considered? I am not a procurement lawyer but it is
a large amount of money so it may be worth checking any requirements. I have seen the quote itself (copy attached)
but have not seen what they are quoting on or whether this price is adequate etc. What I am seeking to do is add
certainty for us within the Instructions by making reference to the cost itself. In addition, I assume the internal budget
has also been covered.
As I have highlighted within the Agreement we may want to add greater definition to the payment terms. ICL have
sought to incorporate their standard terms and conditions, which I have not seen but suspect we will not want to agree
to. We may want to expand on payment terms and also ensure that they do not restrict liability in a way that may
contradict the Agreement itself.
In relation to the Confidentiality Agreement ICL are resisting the individual agreements on the basis that the
consultants would not have the benefit of ICL's indemnity cover. This is a valid point. As a compromise, and to
preserve the significance of each individual entering or signing a document, they have suggested the below
undertaking:
Undertaking by Professor Kramer/ Dr Dulay
I have read the above terms and conditions of Non-Disclosure Agreement between IC Consultants Limited and
the Post Office Limited and understand that they apply to me in my undertaking of the Non-Disclosure
Agreement. I therefore undertake to comply fully with all those obligations which relate to IC Consultants
and/or which involve me in my undertaking of the discussions, and shall use all reasonable endeavours to
enable IC Consultants to fulfil its obligations under this Agreement.
Date rivccecesseeesecessessneeesteeentseeneneentes
This seem a reasonable compromise and would again allow us to control who has access and also ultimately rely on
the continuing indemnity cover from ICL.
Please let me know if you would like to discuss this further.
POL00325918
POL00325918
Best regards
Andy
Andrew Pheasant
Associate
for and on behalf of Bond Dickinson LLP
Follow Bond Dickinson:
jin
www.bonddickinson.com
From: Jarnail Sing!
Sent: 29 September 2014 15:52
To: Pheasant, Andrew
Cc: Martin Smith; Parsons, Andrew
Subject: RE: CK Draft Instructions to Expert [BD-4A.FID20472253]
Hi Andrew
I refer to my email below and our subsequent telephone conversations . When you said you will arrange for the
experts to have the confidential agreement signed and was in the process of finalising your observations and
comments on the draft instructions prepared by CK some two weeks ago. Where are you with these please?
Regards
Jarnail
Jarnail Singh I Criminal Lawyer
(By 148 Old Street, LONDON, EC1V 9HQ
@
> ©
oa
YY
Post Office stories
@postofficenews
© ® ©
POL00325918
POL00325918
From: Jarnail Singh
Sent: 16 September 2014 15:41
To: ‘Pheasant, Andrew’
Cc: Martin Smith; Parsons, Andrew
Subject: RE: CK Draft Instructions to Expert [BD-4A.FID20472253]
Hi Andy
Please can you make arrangements with ICL to sign the agreement personally by the experts.
So far as costs and time scales are concerned this is somewhat more difficult issue. At the roundtable Andy Holt
expressed his concerns that experts may not have allowed sufficient time to carry out the work necessary to prepare
the report. Experts commented that they have made initial assessment on the information provided by Andy Holt and
stated that if he felt that there was more to look at and insufficient time had been allowed for, then he was most
probably correct.
In these circumstances it is most difficult to determine time scales and costs. It may be that experts may decide to
look at additional material as work progresses.
However you will see CK have built in a provision to require the experts to report monthly. It may will be POL may
wish to receive invoices on monthly basis too.
No doubt you will let me have your views.
As you know the experts are proposing to attend counter training on 22” of September 2014.1 would like to resolve
this issue in good time so this meeting can go ahead on POLs terms and conditions rather then proceed on without
terms and conditions being provided or worse scenario experts pull out.
Kind regards
Jarnail.
Jarnail Singh I Criminal Lawyer
148 Old Street, LONDON, EC1V 9HQ
Post Office stories
@postofficenews
©OB8®®eOF®
From: Pheasant, Andre ; GRO
POL00325918
POL00325918
Sent: 16 September 2014 11:27
To: Jarnail Singh
Cc: Martin Smith; Parsons, Andrew
Subject: RE: CK Draft Instructions to Expert [BD-4A.FID20472253]
Morning Jarnail,
Attached is a non-disclosure agreement which is in the same form that was agreed with ICL in November 2013 and
has been incorporated within the Agreement. Since we last spoke I have been discussing this with Susanne at ICL
(who negotiated contracts) and she is happy with Professor Kramer, Dr Dulay and any other persons who work with the
data to sign the agreement. The Agreement is wide reaching and would capture Professor Kramer and Dr Dulay
already but I see no harm in asking them to sign ones personally.
I am finalising my comments in relation to the draft instructions but cannot see any reference to either cost or timings.
Did you want to incorporate either of these into the instructions just to set these out?
Many thanks
Andy
Andrew Pheasant
Associate
for and on behalf of Bond Dickinson LLP
Follow Bond Dickinson:
gs
in)
www.bonddickinson.com
From: Jarnail Singh {
Sent: 15 September 2014 1
To: Pheasant, Andrew
Cc: Martin Smith; Parsons, Andrew
Subject: RE: CK Draft Instructions to Expert
Andrew
I am concerned nothing appear to have happen with regards the confidentiality agreements and approval of
the draft instructions for the experts. Please note the experts are due to attend a meeting with POL on the
22" September 2014 for branch counter training/systems familiarisation. And meeting with Fujitsu on 15"
October 2014 to cover high level design/architecture, change and support processes, audit system, process
and standards.
This should be given priority please.
Thanks.
Jarnail
POL00325918
POL00325918
Jarnail Singh I Criminal Lawyer
148 Old Street, LONDON, EC1V SHQ
Post Office stories
©OB8®eOO®
@postofficenews
From: Jarnail Singh
Sent: 08 September 2014 15:19
To: ‘Pheasant, Andrew’
Ce: 'Martin Smith’
Subject: FW: CK Draft Instructions to Expert
Andrew
Please Andy Holt email with regards to engaging ATOS our new Systems Integrator in this work.
Any progress the preparation of the confidentiality agreement ?
Regards
Jarnail
Jarnail Singh I Criminal Lawyer
148 Old Street, LONDON, EC1V 9HQ
Post Office stories
@postofficenews
©OB®QOO®
POL00325918
POL00325918
From: Andy Holt
Sent: 08 September 2014 09:36
To: Jarnail Singh
Subject: RE: CK Draft Instructions to Expert
Jarnail
1am not sure if this is important but I thought you should know that I am also engaging ATOS our new Systems
Integrator in this work.
Regards
Andy
From: Jarnail Singh
Sent: 05 September 20:
To: Pheasant, Andrew : C 3; Jessica Madron
Cc: Parsons, Andrew; Rodric Williams; Andy Holt; Lesley J Sewell; Julie George; Chris Aujard
Subject: FW: CK Draft Instructions to Expert
Andrew and Jessica
Following the round table meeting with the experts last month, Jessica indicated that she wanted all individuals
engaged on the expert report process (whether employed by POL or ICON) to sign individual confidentiality
agreement.
At the present time there is confidentiality agreement in force, but I think it has been signed on behalf ICON.
Accordingly I would be grateful if you could review the position with regards to the confidentiality agreement and
draft such individual agreements as are necessary to fully protect POLs interests.
During the meeting itself a way forward was agreed which would entail experts receiving POL counter training
towards end of September at old street and high level lectures at fujitsu offices in October .It is therefore essential
that these matters are dealt with as soon as possible.
CK have drafted instructions and protocol for the request and provision of information, discussed during the round
table meeting. However they have not send it to the experts and will not do so until the content has been approved
and they have been given OK to go forward or OK to press send.
Can you indicate whether you are happy with these draft instructions. If you have any comments and proposals let
others on CC list know so they may be considered by everyone.
Given there are numerous people CC into the e mail. I should make it clear that under no circumstances should this
email nor the draft instructions and protocol be send to or shared with fujitsu.
Regards
Jarnail.
Jarnail Singh I Criminal Lawyer
148 Old Street, LONDON, EC1V 9HQ
POL00325918
POL00325918
Post Office stories
@postofficenews
ote os soe
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: 148 OLD STREET,
LONDON EC1V 9HQ.
Please consider the environment! Do you need to print this email?
GRO pmiyis
The information in this e-mail and any attachments is confidential and may be le
protected by law. jar
please notify andrew.pheasai
copying of this communicat
authorised to access this e-mail and any attachments. If you are not jarnail.a.sind —
soon as possible and delete any copies. Unauthorised use, dissemination, distrib
prohibited and may be unlawful.
been checked by us with virus detection software before transmission, Bond Dickinson LLP accepts no liability for
any loss or damage which may be caused by software viruses and you should carry out your own virus checks before opening any attachment.
Any files attached to this e-mail will ha
Content of this email which does not relate to the official business of Bond Dickinson LLP, is neither given nor endorsed by it.
This email is sent for and on behalf of Bond Dickinson LLP which is a limited liability partnership registered in England and Wales under number 0C317661
red office is St Ann’s Wharf, 112 Quayside, Newcastle Upon Tyne, NEL 3DX, where a list of members' names is open to inspection. We use the term
0 refer to a member of the LLP, or an employee or consultant who is of equivalent standing. Our VAT registration number is GB123393627.
Bond Dickinson LLP is authorised and regulated by the Solicitors Regulation Authority
ceeeeeeeets see chi peiniiitiii
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: 148 OLD STREET,
LONDON EC1V 9HQ.