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Message
From:
Sent:
To: rooks-White (Jobshar cott,
Joshua - UKGI [/o=! ministrative Group
(FYDIBOHF23SPDLT)/cn=1 Recipients/cn=0224934f23b1444386fd031b130603a8- Scott, Josh]; Vandini, Cecilia
(Advanced Manufacturing and Services)
cc: Sunmonu A.F, Wendy (Professional Business Services, Retail & Post Directorate)
Subject: Re: POL's HSS
Thanks Mel - that’s right. PO can’t hold employees of other companies liable, so no cause of action in either direction is
possible.
Patrick
Get Gutlook for iOS
From: Melanie Corfield
Sent: Monday, September 7, 2020 9:53 am
To: Brooks-White (Jobshare); Scott, Joshua - UKGI; Patrick Bourke
Cc: Sunmonu A.F, Wendy (Professional Business Services, Retail & Post Directorate)
Subject: RE: POL's HSS
Eleanor — as discussed. I have not yet heard back from HSF but essentially it is only those with contracts with Post Office
who could potentially be held liable by Post Office, not those they employed.
My suggested response:
Background: The scheme was open to people/ companies who had or have a direct contract with Post Office, including
multiples. It is only people with such contracts who would potentially have been held liable by Post Office for
shortfalls. Assistants of postmasters, or employees of other companies who had no contract with Post Office would not
therefore be eligible i.e. they had no liability to Post Office. Claims in the scheme will be assessed by the independent
advisory panel using information available an in accordance with recognised legal principles (including those established
as part of the group litigation).
Line to take: Postmasters and companies who had or have a direct contract with Post Office, and therefore could have
been held liable for shortfalls, were eligible for the scheme — multiples were included and could apply. Claims can
include consequential loss. Employees of other organisations with no direct contract with Post Office would have had
no liability to Post Office and would need to resolve any issues they had with their employer.
Mel
From: Brooks-White (JobshareI
Sent: 06 September 2020 21:5:
To: Melanie Corfiel
_} Scott, Joshua - UKGI _I; Patrick
Cc: Sunmonu A.F, Wendy (Professional Business Services, Retail & Post Directorate)!”
Subject: RE: POL's HSS
OFFICIAL-SENSITIVE: COMMERCIAL
Melanie
Thanks so much for coming back so quickly with this information and on a weekend!
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You are right — the issue is about those employed by Coop and McColls having access to the HSS rather than the
organisations themselves. This is likely to come up in the context of a House of Lords question being asked tomorrow,
so I want to make sure we give the best possible answer. The Lord asking the question is likely to argue that these
employees could have been affected in exactly the same way as a postmaster with a contract and asked to pay money
back so they should be recompensed by the HSS in the same way.
It would be helpful to understand why the boundary for the scheme was drawn around only those with contracts and
why assistants without direct contracts were excluded from the scheme. Is there a legal reason for drawing this
boundary around the scheme? Is it because the Post Office would have taken up any discrepancies identified by Horizon
with the person or organisation who had the contract with POL? If that’s right what would have happened in cases
where an assistant who worked for McColls / Co-op who was affected by a discrepancy identified by Horizon and
potentially had to pay that money back? Would you have expected McColls / Co-op to make an application on their
behalf?
Any further information you can provide would be helpful.
Eleanor
From: Melanie Corfield r
Sent: 06 September 2020
To: Brooks-White (Jobshar
Patrick
Cc: Sunmonu A.F, Wendy (Professional Business Services, Retail & Post Directorate)! GRO
Subject: RE: POL's HSS
Dear all,
Multiples (large and small) were NOT excluded from the Historical Shortfall Scheme and Post Office contacted them
when the scheme launched, The Scheme was open to applications to people/ companies who have or previously had a
contract directly with the Post Office - this was included in the publicised eligibility criteria for the scheme.
As far as Iam aware there has been nothing in the media regarding McColls making a claim - Post Office will not in any
event comment to media on individual claims. In confidence, McColls has made a claim which is being discussed with
them and I understand that Co-op made an enquiry but did not follow up with an actual application to the Scheme.
It seems that the context for questioning is about assistants at McColls outlets who would most likely be excluded from
the scheme because they do not have a direct contract with Post Office and are employees of McColls.
I hope this is useful but please let me know if further information needed.
Mel
From: Brooks-White (Jobshare)
Sent: 05 September 2020
To: Melanie Corfiel
Bourke
Cc: Sunmonu A.F, Wendy (Professional Business Services, Retail & Post Directorate) :
Subject: Re: POL's HSS
OFFICIAL-SENSITIVE: COMMERCIAL
Thank you! Apologies for having to contact you on the weekend. It’s much appreciated that you have picked this up.
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Kind regards
Beth
__Beth White
Scott, Joshua - UKG' Patrick
Ce: Sunmonu AF, Wendy (Professional Business Services, Retail & Post Directorate) .
Subject: RE: POL's HSS
I will double check for you.
From: Brooks-White (Jobshare)I_ GRO i
Sent: 05 September 2020 16:26
To: Melani i
Bourke! E
Cc: Sunmonu A.F, Wendy (Professional Business Services, Retail & Post Directorate)
Subject: Re: POL's HSS
Patrick
Scott, Joshua - UKGI
OFFICIAL-SENSITIVE: COMMERCIAL
Mel
We have an urgent question on this (I have also sent to Patrick). Were Co-op, McColls or other partners excluded from
the scheme, even though they could have equally had to have paid back losses?
If possible, could we have an answer on this by 9:30 Monday at the latest?
Many thanks
Beth
Beth White
From: Melanie Corfield,
Sent: Thursday, September 3, 2020 6:
To: Scott, Joshua - UKG
atrick Bourke! "GRO a Brooks-White
Cc: Sunmonu A.F, Wendy (Professional Business Services, Retail & Post Directorate)
Subject: RE: POL's HSS
Dear all
Below are latest lines for you on the Historical Shortfall Scheme but do of course let me know if you need any further
information:
1. POLis operating the Historical Shortfall Scheme, which was launched on 1 May 2020 and closed to applications
on 14 August 2020. Potential applicants who feel they have good reasons which delayed the submission of their
application beyond the closing date should get in touch with the scheme.
1. There have been 2195 applications to the scheme [up to 3/9].
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1. The claims are currently being assessed for eligibility. Eligible applications will then be reviewed and assessed by
the independent advisory panel thereby ensuring the independence of the scheme. The panel consists of Alex
Charlton QC a leading barrister with particular expertise in software and IT systems; Susan Blower, a forensic
accounting partner at BDO and fellow of Chartered Accountants of England and Wales; and retail expert Sunder
Sandher, a member of the Independent Retailer Board of the Association of Convenience Stores. The panel is
expected to begin case assessments shortly. Claims will be assessed in accordance with the principles
established by Fraser J in the group litigation.
1. Allclaims will be progressed as quickly and efficiently as possible. The time taken to assess each claim will be
heavily dependent on the circumstances of each individual claim and the volume of documentation involved.
While it is difficult to provide an accurate estimate at this stage, we envisage it could take at least several
months for individual case outcomes to be reached and communicated.
1. There is a dispute resolution procedure for any applicants who are not content with the outcome of their claim
and this includes independent mediation. The independent mediation provider will be Wandsworth Mediation
Service, a charitable community mediation service chaired by Stephen Ruttle QC, who co-mediated the
resolution of the group litigation.
Best wishes,
Mel Corfield
Communications
20 Finsbury Street
LONDON
EC2Y 9AQ._.
GRO
From: Scott, Joshua - UKGI
Sent: 03 September 2
To: Patrick Bourke: } Brooks-White (Jobshare) I
Cc: Sunmonu A.F, Wendy (Professional Business Services, Retail & Post Directorate
Melanie Corfield *
Subject: RE: POL's HSS
Brill thank you very much Mel!
Joshua Scott I Manager
UK Government Investments
From: Patrick Bourke
Sent: 03 September 2020 1:
To: Scott, Joshua - UKG rooks-White (Jobshart
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Cc: Sunmonu A.F, Wendy (Professional Business Services, Retail & Post Directorate)!
Melanie Corfield <{
Subject: RE: POL's HSS
Ok, thanks. My colleague Mel, copied, has kindly agreed to pull something very brief together for you.
Patrick
From: Scott, Joshua - UKGI
Sent: 03 Septembe:
To: Patrick Bourkei. Brooks-White (Jobshare’
Cc: Sunmonu A.F, Wendy (Professional Business Services, Retail & Post Directorate}
Subject: RE: POL's HSS =
Hi all,
I've not seen anything other than the OPQ in the Lords on Monday — the question is asking about progress in setting up
the review into POL.
Our lines on the HSS are not too extensive. For example, they currently note that it was a key commitment from the
settlement, has an independent panel for assessments and mostly direct enquiries on the detail to POL.
Now that the official application window has closed it would be useful to update these.
Next steps, timings and what we are comfortable in saying at present with regard to how claims are processed/assessed
would be useful (on this last bit I do note that one of the grounds for the JR application covers this and HSF are bottoming
out how best to respond).
I suspect we wont know a final figure for some time as POL work through assessing the claims however the total number
of claims I believe have gradually been reported. We could say the HSS' independent panel are assessing over 2000
claims but I would not want to speculate on what the final figure would be (which will be coming to BEIS for approval
anyway).
Cheers,
Josh
Joshua Scott I Manager
UK Government Investments
From: Patrick Bourke;
Sent: 03 September 2020 10:
To: Brooks-White (Jobshare)
Cc: Sunmonu A.F, We!
Scott, Joshua - UKG! i
Subject: RE: POL's HSS
Beth
We don’t have standard lines on the stocks.
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Josh — have you had something on this at all ?
Pp
From: Brooks-White (Jobshare)
Sent: 03 September 2020 09:58
To: Patrick Bourke I GRO
Cc: Sunmonu A.F, Wendy (Professional Business Services, Retail & Post Directorate) i
Scott, Joshua - UKG H ' °
Subject: RE: POL's HSS
OFFICIAL-SENSITIVE: COMMERCIAL
Apologies! Historical Shortfall scheme
Beth
Beth White and Eleanor Brooks
From: Patrick Bourke
Sent: 03 September 2020 0!
To: Brooks-White (Jobshare)
Cc: Sunmonu A.F, Wendy (Professional Business Services, Retail & Post Directorate)
Scott, Joshua - UKGI I
Subject: RE: POL's HSS
Hi Beth
On which subject ? GLO ?
Pp
From: Brooks-White (Jobshare) !
Sent: 03 September 2020 09:34.
Scott, Joshua - UKGI} GRO
Subject: POL's HSS ~
OFFICIAL-SENSITIVE: COMMERCIAL
Hi Patrick
Thank you for the lines you sent through the other day on the Banking Framework, these are useful. Do you have any
standard lines e.g. final figures, what’s the next steps, how/when will claims be processed and payouts likely to
begin. We have an Oral PQ in the Lords on Monday, so it would be good to have these asap to put into the briefing in
case it comes up in the supplementaries.
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Josh — if you already have these, please do shout!
Thanks
Beth
ae Eleanor Brooks and Beth White
Deputy Director (Jobshare), Post Office Policy and Sectors Briefing Hub
Department for
Business, Energy
& Industrial Strategy 4th Floor Spur 2, 1 Victoria Street, London SW1H OET
www.gov.uk/beis I https://twitter.com/beisgovuk
Working pattern: Eleanor: Monday-Wednesday; Beth: Wednesday-Friday
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