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POL00360195
Message
From: Ben Foat
on behalf of — Ben Foat; GRO i
Sent: 11/05/2019 13: ™
To: Watts, Ala ‘3 Massey, Kirste! ; Henderson, Tom
r ‘ew.parsons { ‘om Beezer
Amy Prime: GRO Rodric Williams ‘ . GRO lark
ood I Patrick Bourke) --~s« GROSS
cc: Alisdair Cameron _} Diane Blanchard eee RO
Veronica Branton Owen Woodley} GRO 5
lol inder Kangi GRO 5 Rob Houghton
Subject: ppl
Attachments: RecusalAppeal_20190510.pdf
All
As you will know by now, we received the Court of Appeal’s judgment in relation to Post Office’s recusal application
earlier today.
Post Office has not been successful in appealing against the trial judge’s decision not to recuse himself. The judgment is
critical of Post Office’s application and permission to appeal the trial judge’s recusal decision. At this stage there is little
media activity but that may change over the weekend.
There are a number of steps that need to be worked through over this weekend:
1. Asummary of the Court of Appeal’s findings and our position (which can be adapted for various purposes)
[HSF/WBD];
2. Further consideration of our approach to the substantive appeal given the number of statements which Lord
Justice Coulson has made about the approach taken by Post Office in respect of the Common Issues trial. The
Board subcommittee has approved the appeal approach last week but we need to advise the Board
subcommittee whether this judgment should cause us to reconsider our approach or otherwise has any impact
to the substantive appeal (not just the basis of the appeal ie the points of law; but the approach and tone) and
provide (if any) recommendations to change; [HSF/WBD]
3. Implications to the current timetable including the existing Horizon trial which will resume on 4 June (ie this
would continue) and also the hearing on Thursday 16 May (given the claimant’s application for a delay);
[HSF/WBD]
4. Costs consequences of this appeal; [WBD]
Comms statement (including internal comms position); [Patrick Bourke]
6. Updating the draft board paper which has already been prepared but will now need to be updated on the
position, setting out the implications, and clarifying timetable and next steps (ie as above). [Mark Underwood/
Ben Foat to liaise with HSF/WBD]
om
Could the above points be progressed over the weekend. I will reach out to you individually over the weekend but may I
suggest a call at 8.30 on Monday to discuss actions. Meeting invite and dial in details will be circulated.
WBD — could you ensure that the Counsel team provide the necessary support here given 1 and 2 and the short
timeframe to file the relevant documents for the substantive appeal.
Apologies for the urgency but given the materiality of the issue we need to support the business. Thank you for your
support in advance.
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If you want to discuss or have any questions, please contact me either on email here or my personal mobile is
Kind regards
Ben
® Ben Foat
Legal Director
Ground Floor
20 Finsbury
Street
LONDON
EC2Y 9AQ
Highly Commended for
‘Excellence In-house’ at Mobile
the Law Society Excellence
Awards 2018
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