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Sophie, Andrew
As discussed, please see attached a brief note for Baroness Neville-Rolfe on a recent development on
the Post Office Horizon issue. No action is required at this stage, and we consider that this represents
the latest in a number of threats to bring class action against Post Office which have come to
nothing. However I would be grateful if the Minister could see this over the weekend.
Post Office Horizon: update
The Justice for Subpostmasters Alliance (JFSA), who are the campaign group on the Horizon issue,
have announced on their website that they are preparing for Group Litigation against the Post Office.
They have appointed a legal firm, Freeths Solicitors, and are appealing for individuals to come
forward to join the action. So far no letters have been sent to Post Office regarding the proposed
group action.
This is not the first time that the JFSA have mooted a group action against the Post Office: the most
recent was in December 2014, where solicitors Edwin Coe issued a press release saying that a group
action was being prepared, but no further action was taken. JFSA have also threatened legal action
with solicitors Howe & Co and Shoosmiths, but again this has come to nothing, particularly given the
evidential challenges involved with the case (Second Sight have not uncovered any systemic faults
with Horizon despite three years of investigation).
This is not an unexpected development — the previously vocal campaign has been quiet lately, since
the Panorama programme in August 2015, so it comes as little surprise to Post Office that this is
being proposed again. Officials share this view — indeed, our lines to date have emphasised that legal
options remain available to individuals, particularly where mediation was not appropriate or has not
been successful, and that Government should not intervene while those options remain
unexhausted.
We do not expect to receive any press enquiries on this, but if we do, we recommend maintaining
our current response that this is a matter for Post Office and directing queries there.
It remains the case that actions are underway to seek resolution on this matter: the Criminal Cases
Review Commission (CCRC) are reviewing c.20 applications; Post Office continue to make progress
with mediations, with a resolution rate of c.50% to date; and Tim Parker is conducting his review of
this matter having taken up his role in October.
As a further update on Tim’s review:
¢ Tim has appointed a QC who is assisting him with the review. The QC is Jonathan Swift of 11
King’s Bench Walk, who was previously First Treasury Counsel for the Government (2006-
2014) and has a wide range of experience across public law.
¢ Tim now has meetings in the diary to meet Lord Arbuthnot and representatives from Second
Sight (as separate meetings). He is also likely to meet Mr Alan Bates who is the head of the
JFSA campaign group.
* Tim is keen to look into this thoroughly but promptly, and we recommend you arrange to
meet him early in the New Year (as your diaries allow) to discuss his findings.
Finally, Oliver Letwin has written you a short note, copied to Andrew Bridgen, asking for an update
on your meeting with Second Sight and on Tim’s review. We will provide a draft reply shortly.
Thanks
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Laura