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Burges 3 fieldfisher
almon
One Glass Wharf
Solicitor to the Inquiry Bristol BS2 0ZX
Post Office Horizon IT Inquiry Tel: +44 (0)117 939 2000
5th Floor Fax: +44 (0)117 902 4400
Aldwych House email
71-91 Aldwych www burges-Saimon com
London DX 7829 Bristol
WC2B 4HN
9 January 2024
Dear Solicitor to the Inquiry
POST OFFICE HORIZON IT INQUIRY: PHASES 2 AND 3 EXCHANGE REMEDIATION
141 We write further to the Inquiry's Rule 9 request of 17 November 2023' and Chris Jackson's witness
statement dated 19 December 2023 (“CJ1"). Paragraph 74 of CJ1 sets out POL’s working
understanding of the potential impact of the Exchange issue on Phases 2 and 3 and that POL would
undertake further work to validate that understanding’. We now set out POL's proposals for that further
work.*
1.2 POL (and BSFf) re-iterates that it welcomes engagement with the Inquiry on its working conclusion
and, indeed, welcomes engagement on the proposals set out in this letter.
PHASES 2 AND 3 EXCHANGE REMEDIATION PROPOSALS.
1.3 POL's working conclusions for the potential impact of the Exchange issue on Phases 2 and 3 remain
that which is set out in CJ1 at paragraph 74. That working understanding informs the following
proposals. In particular, the proposals are on the basis that any remediation work should address the
tisk that Exchange holds documents relevant to POL witnesses for Phases 2 and 3 which are
responsive to searches run previously and should have been disclosed had Exchange been searched
in addition to Mimecast. For the avoidance of doubt, POL is not considering other Inquiry requests
potentially relevant to Phases 2 and/or 3 which may be impacted by the Exchange issue but don't
relate to a witness for Phases 2 and 3. To do so would likely be a significant undertaking and we
recognise that it may not be necessary for the Inquiry’s purposes. We welcome the Inquiry’s
engagement if this does not align with the Inquiry’s concerns.
14 We propose that the remediation will be in respect of the Phase 2 individuals listed at Appendix A and
Phase 3 individuals listed at Appendix B.
1.5 POL is searching for Exchange data using Address Book searches and participant-based searches.
Searches are being conducted against known variations in names (set out in the Appendices where
applicable) and known email addresses. POL has not searched Exchange for the individuals using
wildcard searches. We are not aware that doing so would produce additional unique data and note that
* Specifically paragraph 1d
2 There has been extensive correspondence between POL and the Inquiry with regard to Microsoft Exchange and Mimecast, including in
CJ1, which we do not repeat here.
> Specifically paragraph 74
* We will respond separately with respect to phase 5.
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Claccifinatinn: Canfidantial
‘Burges Salmon LLP is a limited labilty partnership registered in England and Wales (LLP number 0C307212, SRA IO 401114, ard is authorised and
regulated by the Solictors Regulation Authory. tis also regulated by the Law Society of Scoland, ls regstered offce is at One Glass Whart, Bristol, BS2
Further infomation about Burges Salmon entitles, inciding details oftheir regulators, is
OZX. A list ofthe members may be inspected ati
set out on the Burges Salmon website at
Fieldfsher isthe trading name of Fields L arinership registered in England and Wales (registered number 00318472) and is
‘authorised and regulated by the Solictors Regulation Authority. A list ofits members and their professonal qualifications is available atts registered office,
Riverbank House, 2 Swan Lane, London ECAR 3TT. We use the tem partner to refer to a member of he Fildfsher LLP, or an emgoyee or consultant with
equivalent standing and qualifcatons.
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there is a risk of false positives, in particular for common names. However, we will keep the use of
wildcard searches under review as data is investigated and collected.
16 The proposed next steps are:
(a) POL is migrating the data collected to KPMG for processing. For the reasons at para 43(a) of
CJ1, Exchange data is being collected up to 31 December 2015.
(b) Responsive data will be de-duplicated at a global level using standard forensic de-duplication
methods only. We will liaise with KPMG so that search responsive documents produced
previously to the Inquiry are excluded from review. However, there is a risk that responsive
data will contain duplication of the sort which we have written about separately, including near-
duplicates. Any documents produced will be BSFf productions and we intend will be separated
into a ‘main’ set and ‘residue’ set pursuant to the process we have written about separately.>
(c) KPMG will run search terms across the collected data prior to review. POL intends to run the
same search terms as those HSF requested were run across email data when responding to
Phase 2 and 3 Inquiry requests. POL proposes this approach because Exchange remediation
can only be in respect of email data that was understood to have been captured in Mimecast
searches but may only appear in Exchange. Accordingly and for the avoidance of doubt, we
do not propose to re-run all other (non-email related) searches HSF ran for the individuals
identified at Appendices A and B. We will update the Inquiry in due course to confirm the
search terms run.
17 We do not currently have — but will develop and keep the Inquiry informed on- an anticipated timeline
for completing the above. The time required is dependent upon the time required to run searches the
number of responsive documents for review, in parallel with continued work to respond to Inquiry
requests for Phases 5 and 6. We note that hearings for Phases 2 and 3, including those of witnesses
from POL, occurred in late 2022 and early 2023, the Inquiry is presently conducting hearings forPhase
4 and is preparing for hearings in Phase 5 anticipated to start in Spring 2024. We will complete the
review as soon as possible and keep the Inquiry updated. We have written to you separately regarding
Phase 5 Exchange remediation and expect that takes priority over Phase 2 and 3 Exchange
remediation. Please do let us know if you have any questions or requirements as to timing of this
exercise.
18 We would also welcome - if helpful— discussion and engagement with the Inquiry as to whether Textual
Near Duplication (TND) and/or custom hash near de-duplication techniques should be used to reduce
timescales and duplication in the review sets. However, those techniques will not be used without the
Inquiry confirming that it would be content for that to be done.
1.9 Whilst BSFf are of course familiar with the Inquiry’s Terms of Reference and Completed List of Issues,
and have an understanding of Phase 2 and 3 RQ requests, BSFf do not have direct first-hand
experience of responding to such R9 requests and POL will therefore be instructing HSF and P&P to
continue to provide necessary background context and input as required to support remediation by
BSFf on Phases 2 and 3.
1.10 I POLis currently implementing the proposed approach as set out in this letter save for any comments
the Inquiry may have. Please do let us know if you have any questionsand if it would be useful to set
up a meeting between BSFf and the Inquiry and/or the respective disclosure providers.
5 See BSFfletter of 17 December 2023.
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Yours faithfully
Burges Salmon LLP and Fieldfisher LLP
BURGES SALMON LLP and FIELDFISHER LLP
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Appendix A — list of Phase 2 individuals
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Appendix B
(i) Current or former POL witnesses called to give oral evidence
No. Current or former POL witnesses called to give oral evidenc: Phase 3
1. Rod Ismay
2 Bruce McNiven
3. Chris Gilding
4. Kathryn Parker (née Cook)
5. Sandra McBride (née Lewis)
6. Don Grey
7. Rita Palmer (née Kendellen)
8. Trevor Rollason
9. Susan Harding
10 Mark Burley
11 David Smith
12. Stephen Grayston
13 Shaun Turner
14 Gary Blackbur
15 Anne Allaker
16. Gayle Peacock
17 Brian Trotter
18 Andrew Winn
(ii) Current or former POL witnesses who had statements read into the record
Current or former POL witnesses who had statements read
Phase 3
1. Jeffrey Paul Brown
2 Stella Saunders
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Jayne Sullivan-Hemes
Sarah Juliff
Shaun White
Tracey Charles
Paul David Johnson
Alan Staves
OL ONT Ol ala] oe
Kimberley Brett
10. I Kenneth Marsh
11. I Amanda Booth
12. Deepak Patel
13. I Sandra Harper
14. I Shishir Patel
15. I Paul Warbrick
16. I Susan Howard
17. I Lisa Williams
18 Anne Mannifield
19. Carol Armitage
20. I Laurence Edward Johnson
21. I Beverley Vandenberg
22. I Brian Ware
23. Lynda Margaret Howarth
24. Fay Crawley
25. I Joanne Collier
26. I Daphne Courtney
27. I Nicola Reeves
28. I Michelle Keohane
29. I Benjamin Cane
30. I Marylyne Williams
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31. Kimberley Wildsmith
32. I Alan Spafford
33. I Mark Haldane
34. I Tina Mellor
35. I Mike Hannon
36. I Chris Smyth
37. I Samuel Hardwick
38. David Gordon Ogleby
39. I Andrew Bradley
40. I David James
41. I David Wilcox
42. I Peter Holmes
43. I Adrian Harvey Jarman
44. I lan Lakin
45. I Rebecca Richard
46 Anne Cox
47. I Carol Holmes
48. I Nigel John Perry
49. I Ann Cruttenden
50. I Leslie Henderson
51. I Russell Scott
52. Patricia Daysh
53. I Richard Marwood
54. I Claire Watts
55. I Michael Denison
56. I Neil Edwards
57. I Linda Chambers
58. I Timothy Vause
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59. I Debra Bradshaw
60. I Tom Fitzgerald
61. I Michael Burton
62. I Joanne Scott-Ison
63. I Stephen Grandison
64. I Richard Poulton
65. I Rajinder Gihir
66. I Junaid Tanveer
67. lan Humphries
68. I David Walton
69. I Christopher Bowman
70. I Peter John Mitchell
71. Gill Payne
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