UKG100009238
UKG100009238
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Cooper, Tom - UKGI[/O=HMT/OU=EXCHANGE ADMINISTRATIVE GROUP
(FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=8D968D43E33749AE9E59F9C9350E69D5-
COOPER, THOMAS (TCOO]
Sun 17/03/2019 10:55:04 PM (UTC)
Watson, Richard - UKGIF
Fwd: Recusal CONFIDENTIAL AND SUBJECT TO LEGAL PRIVILEGE
image001.png
ATTOO001.htm
Post Office - Recusal Note (003)tb. 17.3.19.pdf
ATT00002.htm
4852_001.pdf
ATTO0003.htm
Recusal 2019-3-18 v2.docx
ATT00004.htm
Will need your help with this
Tom
Sent from my iPhone
Begin forwarded message:
From: Thomas Cooper
Date: 17 March 2019 at 22
To: "tom.coope
Subject: Fwd: Recusal CONFIDENTIAL AND SUBJECT TO LEGAL PRIVILEGE
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From: Jane MacLeod
Sent: Sunday, March 17, 2019 10:40:35 PM
To: Tim Parker; Ken McCall1; Carla Stent1; Thomas Cooper; Shirine Khoury-Haq; Tim.Franklin1
Cc: Alisdair Cameron; Paula Vennells; Veronica Branton
Subject: Recusal CONFIDENTIAL AND SUBJECT TO LEGAL PRIVILEGE
All
As flagged last week, the judgment in the Common Issues Trial was handed down on Friday in
substantially similar form to the embargoed draft. We must now turn to the questions as to what are
our legal options, and how do we address the consequences of the judgment from an operational
perspective?
Board Timetable
We have arranged 2 board calls this week (Monday at 5.15 pm and Wednesday at 12.30 pm) in addition
to the scheduled Board meeting on 25 March. We propose that we discuss the ‘recusal option’ at the
Board call tomorrow (Monday) evening, as there are adverse consequences if we delay. Wednesday had
UKGI00009238
UKG100009238
been proposed to discuss the operational impacts and mitigating plans, however if thought appropriate,
this discussion could be addressed at the scheduled Board meeting next Monday.
Recusal
Attached are the following papers:
e Draft paper from me (‘Recusal 2019-3-18’) which recommends the recusal application and
retained counsel;
e Lord Neuberger’s preliminary advice (‘4852 001.pdf’) as to appeal and recusal received on
Thursday 14 March; and
e Advice from WBD (‘Post Office - Recusal Note’), which has been reviewed by David Cavendar
QC and which Lord Grabiner has seen, and verbally endorsed.
The Counsel team, with which I concur, recommends bringing an application for recusal. As set out in
the attached papers, this is not without risk. However there are equally, risks of not bringing the recusal
application (as set out in both my and WBD’s paper), and on balance my view is that the risks of not
bringing the application for recusal (predominantly the risk of an adverse outcome in the current
Horizon trial and the ‘third trial’ due to the Judge’s decision that Post Office witnesses are ‘unreliable’)
outweigh those of making the application, although this is a finely balanced consideration, and the
Board may consider these risks differently.
Unfortunately Lord Grabiner has a prior commitment and cannot make the 5.15 board call tomorrow. At
the time of writing I believe that Lord Neuberger QC will be available to dial in to the Board discussion,
notwithstanding he is currently in South America.
I appreciate these are difficult decisions and the requirement for them to be made in a truncated
timetable is not ideal . I am available during most of tomorrow (Monday) should anyone wish to discuss
these ahead of the Board call.
Kind regards,
Jane