UKGI00009765
UKGI00009765
From: Cooper, Tom - UKGI[/O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP
(FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=97888B27D7034E80AB21DE4583305D52-
THOMAS.COOP]
Sent:
To:
Subject: Fwd: Group Litigation - Legally Privileged and Highly Confidential
Sent from my iPhone
Begin forwarded message:
From: Ben Foat.
Date: 15 May 2019 at 08:24:37 CEST.
To: "Cooper, Tom - UKGI"
Ce: Rodric Williams {
>
Alisdair Cameron
, "Watts, Alan >, "Massey, Kirsten"
Thanks Tom. To get try to get you what you need, I have already asked that this be taken forward as
follows:
1. Claimants’ Implied Terms vs Post Office’s Agreed Terms - We are putting together a table as you
have suggested, which will also identify whether the subject matter of the Claimants’ implied
term is already covered by an express term of the contract, and whether they give rise to one-
sided obligations (i.e. where Post Office would have to do something without any corresponding
obligation from a postmaster). I expect to have this completed imminently.
2. Lead Claimant Summaries — I think this might also be more usefully set out in a table, e.g.:
Claimant’s Allegations Court’s Findings I Post Office’s view of the facts
The team should have this completed during the course of this week. We’re also very happy to take up
your offer to cut through the documents and discuss the cases with you, either on the phone or face-to-
face.
Kind regards
Ben
Ben Foat
Legal Director
Ground Floor
20 Finsbury Street
LONDON
EC2Y 9AQ
Highly Commended for ‘Excellence In-house’ at the Law Society Mobile number:
Excellence Awards 2018
UKGI00009765
UKGI00009765
This email and any attachments are confidential and intended for the addressee only. If you are not the named
recipient, you must not use, disclose, reproduce, copy or distribute the contents of this communication. If you have
received this in error, please contact the sender by reply email and then delete this email from your system. Any
views or opinions expressed within this email are solely those of the sender, unless otherwise specifically stated.
POST OFFICE LIMITED is registered in England and Wales no 2154540. Registered Office: Finsbury Dials, 20
Finsbury Street, London, EC2Y 9AQ.
From: Cooper, Tom - UKGIi_
Sent: 10 May
>; Alisdair Cameron
Massey, Kirsten
é } Henderson, Tom{. GRO al
Subject: Re: Group Litigation - Legally Privileged and Highly Confidential
Thanks Ben
On 2 that’s spot on.
On 11 was looking for something a little different at this stage.
For the 20 implied terms I’m hoping just to get a simple list along the following lines:
Item. Implied term. Covered by Necessary Cooperation
1. Training Outline the term. Yes
2. System. Outline the term. Yes
3 etc Others. Outline the term. Yes/no/comment
I hope this is clear - not easy on an iPhone! I can call you to describe it better.
The reason I’m asking for this is really to discover at high level how big the differences are between the
parties - what are we really arguing about when it comes to the contract? My feeling is that when it
comes to some of the major areas eg liability clause, training, accounting system, handling disputed
items, there isn’t actually that much between the parties.
I’m hoping this is a fairly simple exercise to do. Please tell me if it isn’t.
Tom
UKGI00009765
UKGI00009765
Sent from my iPhone
On 9 May 2019, at 20:37, Ben Foat
> wrote:
Hi Tom
I wanted to drop you a quick note, following our Board Subcommittee earlier today, to
acknowledge the important issues that you raised which we will progress in parallel to this
appeal work including:
1. Operationalising “Necessary Cooperation” — whilst I appreciate the legal view that
inherent in this legal concept is its vagueness, that answer is not particularly
helpful to the business. The working group needs to work through what necessary
cooperation means operationally to Post Office (specifically across the agent life
cycle). I would propose to have the working team map out “categories” of
operational processes where this necessary cooperation could apply and what that
means. I understand that some of this work was undertaken when POL considered
how necessary cooperation could interact with the Claimants’ implied terms. My
understanding is that you are not looking for “war and peace” but a sensible
summary of how necessary cooperation is to apply across Post Office’s operations.
2. Claimant Case Summaries — it would be helpful to provide you with not just a
summary of the relevant facts pertaining to each claimant but also what the trial
judge’s position is and what are our honest version of the facts.
Thanks again for raising these point which we will take forward but please do let me know
if I have not captured the request properly or if you would like to discuss.
Kind regards
Ben
<image001.png> Ben Foat
Legal Director
Ground Floor
20 Finsbury Street
LONDON
EC2Y 9AQ
Highly Commended for ‘Excellence In-house’ at the Law Society Excellence Awards Mobile number:{
2018 .
This email and any attachments are confidential and intended for the addressee only. If you are not
the named recipient, you must not use, disclose, reproduce, copy or distribute the contents of this
communication. If you have received this in error, please contact the sender by reply email and then
delete this email from your system. Any views or opinions expressed within this email are solely
those of the sender, unless otherwise specifically stated.
POST OFFICE LIMITED is registered in England and Wales no 2154540. Registered Office: Finsbury
Dials, 20 Finsbury Street, London, EC2Y 9AQ.
AICI ICICI CIC A ICICI IR ICCA RR CCR oF CC oR FCC oR CCR A COR oR ACCOR CCR oR ACCC a
UKGI00009765
UKGI00009765
eae
This email and any attachments are confidential and intended for the addressee only.
If you are not the named recipient, you must not use, disclose, reproduce, copy or
distribute the contents of this communication. If you have received this in error,
please contact the sender by reply email and then delete this email from your system.
Any views or opinions expressed within this email are solely those of the sender,
unless otherwise specifically stated.
POST OFFICE LIMITED is registered in England and Wales no 2154540.
Registered Office: Finsbury Dials, 20 Finsbury Street, London EC2Y 9AQ.
1 AR AR RR A AR AR AR AG A A AR AR OR RR RAR AGAR AS SR AR RR A AR AS IS RR RR OS AS 8 RR oR AS
RK
“Post Office Limited is committed to protecting your privacy. Information about how
we do this can be found on our website at www.postoffice.co.uk/privacy”
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
This email and any files transmitted with it are intended solely for the use of the individual(s) to
whom they are addressed. If you are not the intended recipient and have received this email in
error, please notify the sender and delete the email. This footnote also confirms that our email
communications may be monitored to ensure the secure and effective operation of our systems
and for other lawful purposes, and that this email has been swept for malware and viruses.
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com