POL00359925 - Email from Jane MacLeod to Alisdair Cameron, Thomas Cooper, CC Avene Regan and others re: Post Office - Recusal Application - confidential and subject to legal privilege - do not forward

Evidence on official site

POL00359925

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Message
From: Jane MacLeod i
on behalf of Jane MacLeod;
Sent: 09/04/2019 16:48:
To: Alisdair Cameron. Thomas Cooper I Richard
Glenn Hall

cc:

; Melanie
Subject: Post Office - Recusal Application CONFIDENTIAL AND SUBJECT TO LEGAL PRIVILEGE - DO NOT FORWARD.
All

As anticipated, Justice Fraser has rejected our application for him to recuse himself and, somewhat less expectedly, also
refused our application for leave to appeal. I have set out below next steps which include — unfortunately — rejigging
various meetings.

Consequential Orders

In setting out directions as to how matters should proceed from now , he has ordered that:
e the application to the Court of Appeal for leave to appeal his decision not to recuse himself, should be filed by
the end of the Court day on Thursday (c4pm)
e the Horizon trial should continue with the last witness for Post Office (Steve Parker from Fujitsu) to give
evidence on Thursday morning (11 April), and expert evidence to be given as soon after 20 May as diaries can

be aligned.
Next steps
Timetable
10.00 am Thursday 11 April Horizon trial continues — Steve Parker (Fujitsu) to give evidence
4.30 pm Thursday 11 April Filing of Application for Leave to Appeal recusal application & request to
stay Horizon trial pending decision
w/c 23 April Board sub-committee to discuss application for leave to appeal the
Common Issues judgment
tbd Briefings meetings (if required) with shareholder — UKGI to advise
requirements
16 May (Subject to outcome of recusal application) latest date for Managing
Judge to hear consequential orders arising out of Common Issues
judgment including leave to appeal and costs orders. Note this date
does not work for the Claimants’ Counsel, so may be brought forward.
Not before 20 May Expert evidence to be heard in Horizon trial (again subject to the
application to stay the Horizon trial)

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Briefings

We had set up a briefing with David Cavendar QC for 11am on Thursday to discuss the scope of the Common Issues
judgment appeal. Given the Horizon hearing and the need to finalise the recusal application, the timing for this briefing
no longer works, so with apologies, we will seek an alternative time — hopefully later on Thursday afternoon or possibly
Friday morning. We will be in touch shortly to understand availability.

We had also scheduled a board sub-committee for Monday evening (15 April) to start the Post Office governance
processes in relation to the appeal of the Common Issues judgment . Unfortunately (again) we have this morning been
told by David Cavender’s clerk that he had inadvertently misled us and David is not available at that time. I now believe
that both David Cavender and Lord Neuberger are available on Tuesday 23 April (lam waiting for written confirmation),
and we will check alternative availability.

Common Issues Appeal

The Counsel team are strongly of the view that we should seek to have the appeals in relation to the recusal and
Common Issues Judgment heard together. They are currently looking at how this could be achieved given that
application processes for the two appeals are currently not aligned. We will be able to explore the thinking on this
further at the briefing with David Cavendar later this week.

Once again, apologies for the diary chaos that this will no doubt cause.
Kind regards,

Jane

® Jane MacLeod
Group Director of Legal, Risk & Governance
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20 Finsbury Street
LONDON
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