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Justice For Subpostmasters Alliance
The Rt. Hon. Theresa May, MP 30¢ April 2019
Prime Minister
10 Downing Street
London
SW1A 2AA
Reference: Letter to Kelly Tolhurst MP, Minister for Postal Affairs Regarding the Judgment of the
‘ id i urt between Alan her: ffice Limited
Dear Prime Minister
Iam writing to you with regard to the enclosed copy of a letter that I have sent to Kelly Tolhurst
MP, the current Minister for Postal Affairs, as I have real concerns that the department is being
misguided over the legal position on this matter which it reflects in that department's letter to
Members of the House of Commons dated 18 March 2019 (enclosed).
I ask you to make a request of that department to seek the independent legal and IT expert advice
that I suggest in my letter to the Minister, which may lead to negating the need for continuing our
legal action against Post Office Limited. The content of that letter and its accompanying binder, a
copy of which I have also included for you, clearly demonstrates that a matter Post Office Limited
has been trying to dismiss and keep hidden for many years, is now, albeit slowly, heading towards
a conclusion which, with the attitude of the present Board of Post Office Limited, will leave the
Post Office network in tatters.
Over the years we have received significant cross-party support, which of recent has been on hold
because of the legal action. However, we are now beginning to emerge from the other side of this
action and the evidence that has been exposed in court about Post Office Limited and its Horizon
system, has been utterly damning, resulting in Parliamentary Questions already starting to be
asked.
I do appreciate that your time is valuable and the enclosed Judgments are lengthy, but I do hope
that you at least manage to read my letter to the Minister and can see why the current path we
have been forced to follow could eventually destroy a major British institution.
Sincerely
“Alan Bates
Chairman
Justice For Subpostmasters Alliance
Encl.:
- Letter to Kelly Tolhurst MP 30 April 2019
- BEIS letter 18 March 2019
- Judgment (No.3) “Common Issues”
- Judgment (No.4) “Recusal Application”
Alan Bates
alan.bate¢
jfsaorguk
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Case No: HQ16X01238
Neutral Citation Number: [2019] EWHC 606 (QB)
THE POST OFFICE GROUP LITIGATION
IN THE HIGH COURT OF JUSTICE
QUEENS BENCH DIVISION
Rolls Building
Fetter Lane
London, EC4A INL
Date: 15 March 2019
Before :
THE HONOURABLE MR JUSTICE FRASER
Between
Alan Bates and Others Claimant
-and -
Post Office Limited Defendant
Patrick Green QC, Kathleen Donnelly, Henry Warwick, Ognjen Miletic and Reanne
Mackenzie (instructed by Freeths LLP) for the Claimants
David Cavender QC, Owain Draper and Gideon Cohen (instructed by Womble Bond
Dickinson LLP) for the Defendant
Hearing dates: 7, 8, 12, 13, 14, 15, 19, 20, 21, 22 and 26 November 2018
3, 4, 5 and 6 December 2018
Draft distributed to parties on 8 March 2019
Mr Justice Fraser:
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Introduction
This judgment is in the following parts:
Introduction
The Common Issues
The Lead Claimants
The Post Office Witnesses
The Factual Matrix
The Relationship between the Post Office and
the National Federation of Sub Postmasters (“NFSP”)
Contractual Formation
The Contract Terms
Express and Implied terms
Relational Contracts
Supply of Goods and Services Act
Agency, Accounting and Horizon
Suspension and Termination
Assistants
Onerous or Unusual Terms
Unfair Contract Terms
Conclusions and Summary
Answers to the Common Issues
Appendix 1: Extracts of the relevant SPMC terms
Appendix 2: Extracts of the relevant NTC terms
Appendix 3: Agreed Flow chart for Transaction Corrections
Appendix 4: Agreed Flow chart for Branch Trading Statement
Appendix 5:
Paragraph no.
1
44
46
365
568
574
599
607
690
702
769
782
865
938
957
1063
111
1122
Appendix 2 of document dated 7 September 2012 entitled Branch
Audit Trend Analysis YTD Q1 2012/2013 {G/7/6}
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