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Message
From: Parsons, Andrew i
Sent: 27/11/2016 09:42:05 . .
To: __Anthony de Garr Robi ‘Owain Draper! 1
i GRO -
cc: 7 Lukas, Elis
Subject: FW: Letter to Freeths - legally privileged [BD-4A.FID26896945]
Attachments: Letter of Response.pdf; _DOC_34430591(1)_Response to Letter of Reply_ 27 November 2016.DOCX;
_DOC_34430996(2)_064.Bates.our proposed GLO (2).DOCX
Tony — FYI below.
Rod has gone through the remote access section. The content is broadly the same. He has re-ordered the structure
(which I like a lot) and toned down the "mea culpa" (but I think this still works). The call tomorrow at 5pm will focus on
this section so no need to re-review the whole letter.
I've also attached the latest draft of our version of the GLO — just for your records, no need to review. This incorporates
the changes we discussed on Friday.
Kind regards
Andy
Andrew Parsons
Partner
Bond Dickinson LLP
www.bonddickinson.com
From: Parsons, Andrew
Sent: 27 November 2016 09:38
To: Jane MacLeod; 'Rodric Williams'; Mark Underwood1
Rob Houghton; ‘Thomas P Moran
Cc: Prime, Amy; Lukas, Elisa
Subject: Letter to Freeths - legally privileged [BD-4A.FID26896945]
All
Please find attached a draft Letter to Freeths in response to their last substantive letter (copy also attached). This
incorporates comments from Tony and Rod.
The majority of this letter addresses legal and procedural points. The key substantive area is section 9 on Remote
Access (in particular, Rob, I'd be really grateful if you could review this section).
Following feedback from Deloitte, we cannot definitively say that PO (as distinct from FJ) never had the ability to change
Horizon data because Deloitte and the current staff at FJ just don't have enough knowledge of Old Horizon to confirm
this. This was a point made in an early draft but it has now been removed.
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We have (I hope) now found a formulation of words that avoids having to overtly throw FJ to the wolves and avoids any
risk of waiving privilege in any documents, but still gives us a fair story to tell. We have also toned down the admissions
of making incorrect statements, though they are still there. I hope this might make it easier to get this letter cleared
through GE and FJ.
We have a call scheduled for 5pm tomorrow with Tony which we can use to run through any comments. Comments by
email before then are also welcomed.
The final version of the letter will be thoroughly proof read before sending so please ignore any typos.
Kind regards
Andy
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