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Message
From: Cooper, Tom - UKGI [/O=HMT/OU=EXCHANGE ADMINISTRATIVE GROUP
(FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=8D968D43E33749AE9ES9F9C93S0E69D5-COOPER, THOMAS (TCOO]
Sent: 18/03/2019 08:27:43
To: Watson, Richard - UKGI [/o=HMT/ou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=e8568e9d213f4097a7a65f3da4f63cc1-Watson, Richard (RWa]
Subject: Fwd: Recusal CONFIDENTIAL AND SUBJECT TO LEGAL PRIVILEGE
Have sent this to Jane and the board
Sent from my iPhone
Begin forwarded message:
From: Thomas Coop
Date: 18 March 2
To: "tom.cooper:
Subject: Re: Recusal CONFIDENTIAL AND SUBJECT TO LEGAL PRIVILEGE
Jane
I should mention that in relation to recusal (only) it is possible that I will be asked by BEIS to participate
in the discussion but not participate in the decision because of the wider implications for BEIS/HMG of a
challenge to the behaviour of a particular judge. I will confirm the position at the start of the Board call.
I sent you a note last week (also on 13th) which listed a number of questions arising from the
judgement. I'd be grateful if we could add that to the agenda for the call this afternoon as well.
Please could you forward the note referred to in the first paragraph of Lord Neuberger’s note. It has
been requested by Richard Watson in the legal team at UKGI.
Tom
To: tom.coopel
Subject: Fwd: Recusal CONFIDENTIAL AND SUBJECT TO LEGAL PRIVILEGE
Get Outlook for iOS
From: Jane MacLeod
Sent: Sunday, March 17, 2019 10:40:35 PM
im 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
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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 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;
« 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.
appreciate these are difficult decisions and the requirement for them to be made in a truncated
timetable is not ideal . I arn available during most of tomorrow (Monday) should anyone wish to discuss
these ahead of the Board call.
Kind regards,
Jane
® Jane MacLeod
Group Director of Legai, Risk & Governance
Ground Floor
20 Finsbury Street
LONDON:
EC2Y 9AQ
Mobife numb:
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