UKGI00043110 - Email from Tom Cooper to Secretary of State, CC’ing Carl Creswell, Permanent Secretary and others - Re: [OFF: SEN - LEGAL] Advice - Approval for settlement offer in Post Office Ltd (POL) Litigation

Evidence on official site

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From:

Sent:

To: Secretary Of State (Private Office)

Ce: Scott, Joshua - UKGI;Creswell, Carl (Professional Business Services, Retail &

Post Directorate);Grant, Calum (BEIS);Permanent Secretary;Tolhurst (Private Office);SpAds Office
(Private Office);White, Beth (Professional Business Services, Retail & Post Directorate);Aldred, Tom -
UKGI;Watson, Richard - UKGI;Bhargava, Pranita (BEIS);Hugo Robson; Vandini, Cecilia (Advanced
Manufacturing and Services);Richards, Nigel (Finance & Portfolio);Culshaw, Robin - UKGI:Hill, Kate
(Finance & Portfolio);Jackson, Louise (Legal);Corera, Jane (Legal);Kilgarriff, Patrick (Legal);Manson,
Justin - UKGI;Beckett, Richard (Finance & Portfolio);Patel, Vanisha (Finance & Portfolio);Morrison,
Emer (Legal);Cole, Alex - UKGI;Adegun, Oluwatosin - UKGI;Taylor, Tom (Finance &
Portfolio);Southerton, Sarah (BEIS);Yeomans, Rachel (Communications & Partnerships)

Subject: Re: [OFF:SEN - LEGAL] Advice - Approval For Settlement Offer in Post Office
Ltd. (POL) Litigation

I’m ok for you to send this to No 10 but I suggest you wait a few hours to give others a chance to
comment.

We need a decision by Monday. There is a Board meeting of POL on Tuesday to discuss the
litigation and approve the approach to mediation. The Board will want confirmation that HMG
approval has been obtained.

Tom

Sent from my iPhone

On 23 Nov 2019, at 11:38, Secretary Of State (Private Office) <i
wrote:

Thanks Tom — are you content for me to share your response below with No10? It
is for the PM, based on his feedback on the update we provided yesterday. Please
confirm, or let me know if you would like to amend it at all.

I'm still not quite clear on timings though. Although I understand the need to resolve
this in a timely way, No10 have asked for more information by Monday and I don’t
know whether you need views rom No10 by a certain point next week. If so, we will
need to make No10 aware of timing constraints and when we need a view.

Jasmine

<image001.png> <image002.jpg>
Jasmine Mitchell
Private Secretary to the Rt Hon Andrea Leadsom
Secretary of State for Business, Energy and Industrial
Strategy.
Tel:

“GRO.

1 Victoria Street, London SW1H OET

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www.gov.uk/beis I https://twitter.com/beisgovuk

Does this email or any attachments need to be “on the record” or available to others for their
day to day work? If so, it is the responsibility of the policy team to save information into
SharePoint, in line with Cabinet Office and Departmental guidance

From: Cooper, Tom - UKGI <}
Sent: 23 November 2019 11:15"
To: Secretary Of State (Private Office) <$
Ce: Scott, Joshua - UKGI <:
(Professional Business Se:

)

Professional Business Services, Retail &
>; Aldred, Tom - UKGI
Watson, Richard - UKGI
Bhargava, Pranita (BEIS)
Robson, Hugo (Business Investment)
+ Vandini, Cecilia (Advanced Manufacturing and
; Richards, Nigel (Finance & Portfolio)
ulshaw, Robin - UKGI
Hill, Kate (Finance
jackson, Louise (Legal) <. GRO.
>: Kilgarriff, Patrick (Legal)
; Manson, Justin (UKGI)
Beckett, Richard (Finance & Portfolio)
“}; Patel, Vanisha (Finance & Portfolio)
>; Morrison, Emer (Legal)

Taylor, Tom)
Southerton, Sarah (BEIS)
‘achel (Communications &

(Finance & Portfolio) <
a
Partnerships)
Subject: Re: [OFF:SEN - LEGAL] Advice - Approval For Settlement Offer in Post
Office Ltd. (POL) Litigation

Jasmine

It was certainly the case that the previous SoS believed that many injustices had
been done to these postmasters and that there was an imperative for HMG to put
those injustices right and resolve these cases quickly given how long these cases
have been going on (in some cases getting on for 20 years).

The situation is in fact more nuanced as there are some claimants that POL
believes genuinely acted either illegally (eg theft) or in breach of their contracts. On
the other hand there are also a large number where POL failed to deal with
problems experienced by postmasters in a fair way ultimately leading to
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postmasters losing their businesses and other negative consequences. The most
difficult cases are the postmasters with criminal convictions.

The very adverse judgement that POL has already received and it’s unsuccessful
attempt to appeal now makes it impossible for POL to defend the vast majority of
these cases and it will have to pay out a substantial sum in compensation. So it’s
now in everyone’s interest - both POL and the claimants - to resolve this litigation in
a timely way. As per our advice there is no upside for HMG in seeking to delay the
mediation, which would have to be made public in court, as it will just be seen by
the claimants, the judge and the media as POL continuing to avoid and delay the
resolution of these cases.

I hope this helps.

Tom

Sent from my iPhone

Responding as weekend duty PS in SoS office. Bex updated No10
yesterday, and they want to know whether our assessment is that the
postmasters are innocent, and have said that based on updates we
have provide, their assessment is that it looks that way. Can we be
more/less definitive?

No10 are happy to get an answer by Monday, but I’m not entirely clear
on timings and when a decision is required? I think if we go back to
No10 with the info on Monday, we are likely to get a view late Monday,
early Tuesday. Is this too late? I’d be hugely grateful for a view on
this today, if possible

Best,
Jasmine

<image003.png> <image004.jpg>
Jasmine Mitchell
Private Secretary to the Rt Hon Andrea Leadsom
Secretary of State for Business, Energy and Industri

secretary stated GRO

1 Victoria Street; London SW1H OET
www.gov.uk/beis I https://twitter.com/beisqovuk

Does this email or any attachments need to be “on the record” or available to
others for their day to day work? If so, it is the responsibility of the policy team
to save information into SharePoint, in line with Cabinet Office and
Departmental guidance
From: Secretary Of State (Private Office)
Sent: 22 November 2019 18:
To: Scott, Joshua - UKGI <, Creswell, Carl
(Professional Business Services, Retail & Post Directorate)

; Grant, Calum (BEIS)

nent Secretary

; Tolhurst (Private Office)

Ads Office (Private Office)

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(Fi & Portfoli

; Jackson, Louise (Legal)
>; Corera, Jane (Legal)

ilgarriff, Patrick (Legal)

; Manson, Justin (UKGI)

Beckett, Richard (Finance & Portfolio)
Patel, Vanisha (Finance & Portfolio)
“Morrison, Emer (Legal)

; Cole, Alex - UKGI

‘Kdegun, Oluwatosin - UKGI

; Taylor, Tom (Finance & Portfolio)
itherton, Sarah (BEIS)

LY Rachel (Communications

& Partnerships) <f
Subject: RE: [OFF:SEN - LEGAL] Advice - Approval For Settlement
Offer in Post Office Ltd. (POL) Litigation

Hi all,

I've updated SoS that we aren’t able to reschedule the mediation.
She's asked that I update No10 which I have done now. I'll let you
know if they come back to me with any concerns. If they are content we
can proceed with mediation as scheduled.

Thanks,

Bex

Rebecca Lowe, Private Secretary to the Rt Hon Andrea Leadsom MP,
Department for Business, Energy and Industrial Strategy

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From: Scott, Joshua - UKGI <J
Sent: 22 November 2019 16:21

To: Secretary Of State (Private Office)

Creswell, Carl (Professional Business
Services, Retail & Post Directorate) <
Grant, Calum (BEIS) <'

\dred, Tom - UKGI
Watson, Richard - UKGI

Hugo (Business
Vandini, Cecilia (Advanced

Fr GRO
Investment) <I.
Manufacturing
Richards, Nigel (Finance & Pi
Culshaw, Robin - UKGI <§
(Finance & Portfolio)

Hill, Kate
Jackson, Louise (Legal)
(Legal)
iigarciff, Patrick (Legal)
; Manson, Justin (UKGI)

Beckett, Richard (Finance & Portfolio)
>; Patel, Vanisha (Finance & Portfolio)
Morrison, Emer (Legal)
:>; Cole, Alex - UKGI
legun, Oluwatosin - UKGI

“p; Taylor, Tom (Finance & Portfolio)
Southerton, Sarah (BEIS)
Yeomans, Rachel (Communications

Subject: RE. [OFF EN - LEGAL] Advice - Approval For Settlement
Offer in Post Office Ltd. (POL) Litigation

Hi Bex,

No problem and thank you and Shanice for liaising with Andrea and Kelly
respectively.

Please let Andrea know that CST has now approved the settlement range
We are working up a Shareholder approval letter and, if SoS is content, we
aim to issue this on Monday in good time for the mediation to start on

Wednesday.

Herbert Smith Freehills have now also provided a short summary of the
permission to appeal judgment. Please see the below but note that despite the

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tone of the summary, the judgment was again critical of POL e.g “Yet this
application is founded on the premise that the nation’s most trusted brand was
not obliged to treat their SPMs with good faith, and instead entitled to treat
them in capricious or arbitrary ways which would not be unfamiliar to a mid-
Victorian factory-owner.”

¢ The judge considered that Fraser J's conclusions were too difficult to
disentangle from his findings of fact at trial -"no-one knows more
about this case than Fraser J".

He also considered that some points taken on the permission
application are points that could and should have been taken at trial.
On good faith, he emphasised that the duty is not a demanding
obligation. The various terms he found to exist as an incident of good
faith were based on the judge's findings of fact; given Post Office did
not engage with the detailed terms at trial, it was too late now to take
points about their breadth.

The judge described Post Office's arguments on the construction of
the notice periods in the contracts as "better". However, he says
“Even if I thought Grounds 6 and 7 in isolation had a realistic prospect
of success, there would be no point in granting permission unless I
also felt that their grounds in respect of the alternative cases as to true
agreement (Ground 9); incorporation (Grounds 14-15); and UCTA
(Grounds 16-20) also had a realistic prospect of success."

There is again some criticism of Post Office in the judgment, but not
about the way its application was pursued in the Court of Appeal
("None of this is a criticism of Ms Davies QC who was not involved in
the trial or the application for permission to appeal to the judge in May,
and who argued the points at the oral application for PTA with real skill
and tenacity. But because of all that had gone before, she always had
something of an uphill struggle.").

POL are considering the operational impact of this judgment and have
proactive and reactive comms in place.

They will provide us with further details next week.
Many thanks for everyone's efforts in this.
Cheers,

Josh

Joshua Scott I Analyst

Post Office Shareholder Team

UK Government Investments

1 Vit ndon
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Sent: lovember 254
To: Creswell, Carl (Professional Business Services, Retail & Post
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Grant, Calum (BEIS)
; Scott, Joshua - UKGI
ermanent Secretary

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>; SpAds Office (Private Office)

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ices, Retail & Post Directorate)

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>; Watson, Richard - UKGI

Bhargava, Pranita (BEIS)

; Hugo Robson

ini, Cecilia (Advanced

Richards, Nigel (Finance & Portfoli
Culshaw, Robin - UKGI < -
(Finance & Portfolio) <

Hill, Kate
, Louise (Legal)

>; Corera, Jane (Legal)
ilgarriff, Patrick (Legal)

; Manson, Justin - UKGI

Beckett, Richard (Finance & Portfolio)
Patel, Vanisha (Finance & Portfolio)
Morrison, Emer (Legal)

x>; Cole, Alex - UKGI

Adegun, Oluwatosin - UKGI

+; Taylor, Tom (Finance & Portfolio)
Southerton, Sarah (BEIS)

Yeomans, Rachel (Communications

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Subject: RE: [OFF:SEN - LEGAL] Advice - Approval For Settlement
Offer in Post Office Ltd. (POL) Litigation

Thanks Carl and Josh,

I've update SoS and will let you know when I hear back. Separately to
the timing issue, I can confirm that SoS is content with the mediation
envelope if the mediation goes ahead.

Best,

Bex

Rebecca Lowe, Private Secretary to the Rt Hon Andrea Leadsom MP,
Department for Business, Energy and Industrial Strategy

Email:

secretary.stat i

From: Creswe!
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Sent: 22 November 2019 15:42
To: Secretary Of State (Private Office)

iness Services, Retail & Post

>; Grant, Calum (BEIS)

>; Scott, Joshua - UKGI

; Permanent Secretary

; Tolhurst (Private Office)
SpAds Office (Private Office)

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rvices, Retail & Post Directorate)

; Aldred, Tom - UKGI

>; Watson, Richard - UKGI

“>; Bhargava

Investment)
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Richards, Nigel (Finance & Portf
Culshaw, Robin - UKG
(Finance & Portfolio) <

on, Louise (Legal)
Corera, Jane (Legal)

ilgarriff, Patrick (Legal)

Manson, Justin (UKGI)

Beckett, Richard (Finance & Portfolio)
Patel, Vanisha (Finance & Portfolio)
Morrison, Emer (Legal)

; Cole, Alex - UKGI

legun, Oluwatosin - UKGI

; Taylor, Tom (Finance & Portfolio)
Southerton, Sarah (BEIS)

>; Yeomans, Rachel (Communications

PS) <r
Subject: Re: [OFF:SEN - LEGAL] Advice - Approval For Settlement
Offer in Post Office Ltd. (POL) Litigation

Hi Bex,

Following on from your message earlier, we have now heard back from
the POL CEO.

Nick Read has informed us that the litigants wish to press on with the
mediation that is scheduled for 27 and 28 November. We understand
that their reasons are a strong desire to progress to the next stage, in
their search for a financial settlement, and also because there would be
costs for them from cancelling at this late stage.

I suspect that today’s decision from the Court of Appeal rejecting POL’s
appeal request on the first judgment will further strengthen their resolve
to bring POL to the negotiation table quickly. Today's appeal judgment
is very critical of POL and I am worried that any decision by POL to
withdraw from the scheduled mediation at this late stage would risk
strong criticism of them in public.

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Can you update the SoS, please, and see whether she is content in
light of this feedback to inform No 10 that we have tried but that the
litigants wish to press on with the mediation, please?

If so, I hope we could confirm that BEIS Ministers are happy with the
proposed mediation envelope (which I think is what you said the SOS
would be minded to do in this situation)? We are expecting the
required parallel approval from the CST on Monday so would aim to
contact POL on Monday afternoon.

Please give me a call if you would like to discuss.

Many thanks,
Carl

Get Outlook for iOS

From: Secretary Of State (Private Office)
>; Scott, Joshua -
etary

SpAds Office (Private Office)
reswell, Carl (Professional I Business

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; Watson, Richard - UKGI
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Hill, Kate (Finance & Portfolio)

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Manson, Justin (UKGI)

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Morrison, Emer (Legal)

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legun, Oluwatosin - UKGI

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itherton, Sarah (BEIS)

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(BEIS) < GRO.
(Communications & Partnerships) <!
Subject: RE: [OFF:SEN - LEGAL] Ad
Offer in Post Office Ltd. (POL) Litigation

All,

To update — following the call with Alex the POL CEO is talking to his
lawyers who will speak to the lawyers/litigants on the other side of the
mediation about potential delay.

Carl — grateful if you can keep us updated on progress of these talks.
Thanks

Bex

Rebecca Lowe, Private Secretary to the Rt Hon Andrea Leadsom MP,
Dep: i ial Strategy

secretary.stat

From: Secretary Of State (Private Office)
Sent: 21 November 2019 15:03

>; Scott, Joshua -

>; Tolhurst (Private Office)
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Morrison, Emer (Legal)

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Subject: RE: [OFF:SEN - LEGAL]
Offer in Post Office Ltd. (POL) Litigation

All,

As an update SoS has discussed this issue with Perm Sec who has
taken away to call POL CEO to discuss possible moving of the
mediation date. Alex, grateful if you can update following the call at 5.

I have also shared the update note with No10 PO and will let you know
if they come back with any more questions.

Thanks,
Bex

Rebecca Lowe, Private Secretary to the Rt Hon Andrea Leadsom MP,
Department for Business, Energy and Industrial Strategy

From: Grant, Calum (BEIS) <
Sent: 21 November 2019 10:
To: Secretary Of State (Private Office)

Scott, Joshua - UKGI
manent Secretary

«>; Tolhurst (Private Office)
pAds Office (Private Office)

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Cc: Cooper, Tom - UKGI < White, Beth
(Professional Business Services, Retail & Post Directorate)

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; Patel, Vanisha (Finance & Portfolio)
‘Morrison, Emer (Legal)

; Cole, Alex - UKGI

Adegun, Oluwatosin - UKGI

+; Taylor, Tom (Finance & Portfolio)
‘outherton, Sarah (BEIS)

‘achel (Communications
Southerton, Sarah

(Communications & Partnerships) <j
Subject: RE: [OFF:SEN - LEGAL] Advice - Approval For Setioment
Offer in Post Office Ltd. (POL) Litigation

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(Professional Business Services, Retail & Post Directorate)

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; Taylor, Tom (Finance & Portfolio)
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Subject: Re: [OFF:SEN - LEGAL] Advice - Approval For Settlement
Offer in Post Office Ltd. (POL) Litigation

Hi Carl,

Thanks for the quick call just now. As discussed, Secretary of State has
reviewed the advice and remains concerned about the optics of
mediation occurring during the pre-election period. She is minded to
explore with POL whether they would be willing to ask the
Court/Claimants to move the date of the mediation to post election. If
they are not minded to do so, and I think this would be the expected
response, she would like this as a formal response. Grateful if you
could discuss with Perm Sec the best approach to contacting POL and
let me know what you think is best. I think it would be useful for Alex C
to discuss with her in his 1-1 tomorrow morning.

Hannah, we discussed as well. Grateful if you can flag to Alex.
Best,

Bex

Get Outlook for iOS

From: Secretary Of State (Private Office)
Sent: Wednesday, November 20, 2019 2.
To: Scott, Joshua - UKGI <,

Permanent
rant, Calum (BEIS)
Ihurst (Private Office)

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Subject: RE: [OFF:

] pproval For Settlement
Offer in Post Office Ltd. (POL) Litigation

Thanks Josh,

lll let you know if any further questions.
Best,

Bex

Rebecca Lowe, Private Secretary to the Rt Hon Andrea Leadsom MP,
Department i Energy and Industrial Strategy

From: Scott, Joshua - UKGI
Sent: 20 November 2019 14:53
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Grant, Calum (BEIS)
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Subject: RE: [OFF:SEN - LEGAL] Advice - ‘Approval For Settlement
Offer in Post Office Ltd. (POL) Litigation

Hi Bex,

Further to SoS's request for specific advice in relation to moving the POL GLO
mediation date please see the below. This has been cleared by UKGI, BEIS
POL Policy and respective UKGI/BEIS legal teams.

The Secretary of State has no legal power to intervene to move the
mediation date, and Cabinet Office have confirmed that it is essential
business that can proceed during the pre-election period. The only
way in which we believe we could influence the date would be to say
that we are unwilling to approve the settlement range and request that
POL therefore considers postponing the mediation.

But Ministers should be aware of the significant risks of doing so. The
date has been agreed between the parties to the litigation. The Court
has ordered the parties (of which Government is not one) to consider
alternative ways to resolve the dispute and is aware this mediation is
taking place. If POL were to withdraw at this very late state they would
have to make clear that it was because the Department would not give
them authority to offer any sum in settlement. As far as we are aware
it would be unprecedented for Government to seek to intervene in a
mediation in this way.

There would be a significant risk of drawing BEIS Ministers into public
criticism of POL’s approach to the litigation if we were to take this
step. It would be wholly counter to the Department's position that this
litigation is an operational matter for POL and — because it would
probably become public quickly — would raise questions about why
Government is not willing to sanction a mediation. It is very likely to
lead to adverse press coverage, damage our relationship with POL
and risk any further participation by the claimants in POL's attempts to
settle the litigation at a future stage.

POL's external legal advisors have advised that that there is a high
likelihood of losing on most of the claims which could expose POL,
and therefore the taxpayer, to a higher overall payment than would
occur through a successful mediation process.

If you have any questions please do feel free to contact me.
Cheers,

Josh

Joshua Scott I Analyst

Post Office Shareholder Team

UK Government Investments
tI London I SW1H OET.

UKG1I00043110
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GRO TW: www.ukgi.org.uk/

From: Scott, Joshua - UKGI

Sent: 20 November 2019 13:39

To: Secretary Of State (Private Office)

Permanent Secretary

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; Tolhurst (Private Office)

>; SpAds Office (Private Office)

Cc: Cooper, Tom - UKGI < J White, Beth
(Professional Business Se: 7 i irectorate)

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Patel, Vanisha (Finance & Portfolio)
Morrison, Emer (Legal)

k>; Cole, Alex - UKGI

legun, Oluwatosin - UKGI

; Taylor, Tom (Finance & Portfolio)
Southerton, Sarah (BEIS)

Yeomans, Rachel (Communications
ips) J

Subject: RE: [OFF:SEN - LEGAL] Advice - Approval For Settlement
Offer in Post Office Ltd. (POL) Litigation

Hi Bex,

Yes this has been picked up and we are just discussing with officials.
Cheers,

Josh

Joshua Scott I Analyst

Post Office Shareholder Team
UK Government Investments

1 Victoria Street I London I SW1H_OET.

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>; SpAds Office (Private Office)

- Aldred, Tom - UKGI
; Watson, Richard - UKGI
>; here Pranita (BEIS)

Manufacturing and Services) <
Richards, oe (Finance & Portfol

ices, Retail & Post Directorate)
Hill, Kate (Finance & Portfolio)

; Jackson, Louise (Legal)

Corera, Jane (Legal)

ilgarriff, Patrick (Legal)

Manson, Justin - UKGI

Beckett, Richard (Finance & Portfolio)
>; Patel, Vanisha (Finance & Portfolio)
Morrison, Emer (Legal)

Cole, Alex - UKGI

jun, Oluwatosin - UKGI

Taylor, Tom (Finance & Portfolio)
jtherton, Sarah (BEIS)

Yeomans, Rachel (Communications

PS)
Subject: RE. [OFF:SEN - LEGAL] Advice - ‘Approval For Settlement
Offer in Post Office Ltd. (POL) Litigation

Grateful if someone can confirm his has been picked up

Bex

Rebecca Lowe, Private Secretary to the Rt Hon Andrea Leadsom MP,
Department for Business, Eneray and Industrial Strategy

Email: secretary.state¢

From: Secretary Of State (Private Office)
Sent: 20 November 2019 13:16

UKG1I00043110
UKGI00043110
‘Scott,
Grant, Calum (BEIs)
urst (Private Office)

SpAds Office (Private Office)

To: Permanent Secretary
Joshua - UKGI <p

4
Cc: Cooper, Tom - UKGI < White, Beth
(Professional. Business. Se orate)

; Aldred, Tom - UKGI
Watson, Richard - UKGI
hargava, Pranita (BEIS)
Robson, Hugo (Business

Manufacturing and Services)
Richards, Nigel (Finance & Pofff6l

Hill, Kate (Finance & Portfolio)

kson, Louise (Legal)

Corera, Jane (Legal)

; Kilgarriff, Patrick (Legal)

; Manson, Justin (UKGI)

Beckett, Richard (Finance & Portfolio)
Patel, Vanisha (Finance & Portfolio)
Morrison, Emer (Legal)

>; Cole, Alex - UKGI

n, Oluwatosin - UKGI

x>; Taylor, Tom (Finance & Portfolio)
>: Southerton, Sarah (BEIS)

>; Yeomans Rachel (Communications

& Partnerships) <”
Subject: RE: [OFF: ‘SEN - LEGAL] Advice - ‘Approval For Settlement
Offer in Post Office Ltd. (POL) Litigation

Hi all,

SoS has reviewed the note you shared and asked for specific advice
on how we can try to move the date if were minded to do so. Please
note this is not yet decisions

Grateful if someone can outline the process we could use in this
instance. Is it possible to get this by 3pm?

Thanks,
Bex

Rebecca Lowe, Private Secretary to the Rt Hon Andrea Leadsom MP,
id Industrial Strategy

Email: secretary.state¢ ¢

UKG1I00043110
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From: Permanent Secretary
Sent: 20 November 2019 11:4
To: Scott, Joshua - UKGI.
State (Private Office) <:

Secretary Of
; Grant, Calum
Tolhurst (Private Office)

pAds Office (Private Office)

White, Beth

; Aldred, Tom - UKGI
Watson, Richard - UKGI
fen Bhargava, Pranita (BEIS)

Investment) <{_
Leta sg and I Services

ices, Retail & Post Directorate)
>; Hill, Kate (Finance & Portfolio)

kson, Louise (Legal)

“t Corera, Jane (Legal)

; Kilgarriff, Patrick (Legal)

; Manson, Justin (UKGI)

Beckett, Richard (Finance & Portfolio)
+; Patel, Vanisha (Finance & Portfolio)
>; Morrison, Emer (Legal)

>; Cole, Alex - UKGI

jun, Oluwatosin - UKGI

“>; Taylor, Tom (Finance & Portfolio)
Southerton, Sarah (BEIS)

Yeomans, Rachel (Communications
“+; Permanent Secretary

GRO
subject: RE: [OFF:SEN - LEGAL] ‘Advice - Approval For Settlement
Offer in Post Office Ltd. (POL) Litigation

Hi Josh,

Thanks for sending this up and for your patience while I’ve tried to get
this in front of Perm Sec! He managed to review overnight and came
back with the following comments:

Many thanks to you and team for this. I have read the whole thing and I
agree with the proposed range for settlement and the conditions
around that, adding only to para 11 of the sub that I would expect given
the high sums involved that Carl would consult me, and noting at para
12 that the subsidy cannot be treated ‘entirely separately’ given the
letter from Al Cameron explicitly links POL ability to self-fund to their
expectation that the subsidy would continue. On the substantive
analysis and reasoned recommendations I find the HSF
advice notably high quality and persuasive in all respects. However, as
they say, the situation will develop and we must keep our best options
under active consideration.

Hope this is clear but do give me a shout if you’d like to chat through.
Best wishes,

Oliver

Oliver Page I Private Secretary to Alex Chisholm, Permanent

Secretary
E:

‘Department for Business, Energy and Industrial Strategy

From: Scott, Joshua - UKGI <7 GRO

Sent: 19 November 2019 16:44

To: Secretary Of State (Private Office)

< >; Grant, Calum (BEIS)

lhurst (Private Office)

Permanent Secretary

pAds Office (Private Office)

White, Beth

Idred, Tam - UKGI
Watson, Richard - UKGI

“>; Bhargava, Pranita (BEIS)
Robson, Hugo (Business

Manufacturing and Services) <!
Richards, Nigel (Finance &
Culshaw, Robin - UKGI <f_
(Professional Business Se!

i i
>; Hill, Kate (Finance & Portfolio)

} Jackson, Louise (Legal)

’p; Corera, Jane (Legal)

ilgarriff, Patrick (Legal)

; Manson, Justin (UKGI)

Beckett, Richard (Finance & Portfolio)
; Patel, Vanisha (Finance & Portfolio)
Morrison, Emer (Legal)

; Cole, Alex - UKGI

Adegun, Oluwatosin - UKGI

; Taylor, Tom (Finance & Portfolio)
Southerton, Sarah (BEIS)

UKG1I00043110
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Rachel (Communications

& Partnerships) <E GRO

Subject: RE: [OFF: EN - LEGAL] Advice - Aroval For Settlement
Offer in Post Office Ltd. (POL) Litigation

Hi Bex

It is worth noting that normal protocol for mediation is that it is meant to be
confidential so anything coming out of it would be constituted as a leak, and
normal practice would be that HMG does not comment on leaks. However,
given previous experience throughout the trial with this many claimants it is
unlikely that the details of the mediation will stay confidential for long.

This isn't in the note but should be flagged to No10.

It's difficult to say at this stage re media coveage however our best estimate
would be to base expected media coverage on who covered the first judgment
in March.

Here is a short summary below:

e The judgment was covered by the Daily Mail, FT and Daily Telegraph
(all of whom attended court during the trial). There was no coverage in
the Sun, Times, Guardian, Independent or Mirror;

¢ Channel 4, ITN and Sky also covered the judgment on TV. BBC did
not cover the story.

There was also coverage in various regional and trade titles, all
picking up POLs statement and depicting a fair assessment of the
judgment.

POL received some direct questions/comments from postmasters and
POL colleagues that they dealt with as a priority.

In addition to this you can expected Nick Wallis, a crowd-funded journalist
following the trial on behalf of the Justice for Subpostmaster Alliance (JFSA),
to also post.

Hope this helps,

Josh

Joshua Scott I Analyst
Post Office Shareholder Team
UK Government Investments

To: Scott, Joshua - UKGI <..
(BEIS) <
<

Grant, Calum
; Tolhurst (Private Office)
Permanent Secretary

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UKGI00043110
; SpAds Office (Private Office)

Cc: Cooper, Tom - UKGI <T-
(Professional Busi Services,
; Aldred, Tom - UKGI

>; Watson, Richard - UKGI
Bhargava, Pranita (BEIS)

+; White, Beth

Richards, Nigel (Finance & Po
Culshaw, Robin - UKGI <
(Professional Business Services, Retail & Post Directorate)
; Hill, Kate (Finance & Portfolio)
kson, Louise (Legal)

>; Corera, Jane (Legal)
_>; Kilgarriff, Patrick (Legal)
; Manson, Justin - UKGI
Beckett, Richard (Finance & Portfolio)
Patel, Vanisha (BEIS)
Morrison, Emer (Legal)
Cole, Alex - UKGI
Oluwatosin - UKGI
Taylor, Tom (Finance & Portfolio)
erton, Sarah (BEIS)
xa Y. Rachel (Communications
& Partnerships) <é. _?
Subject: RE: [OFF:SEN - LEGAL] Advice - Approval For Settlement
Offer in Post Office Ltd. (POL) Litigation

Hi Josh,

Thanks for this — would it be possible to include what media coverage
we expect if the mediation ran its course during purdah?

Would you be able to add this in by 5pm?

Best,

Bex

Rebecca Lowe, Private Secretary to the Rt Hon Andrea Leadsom MP,
De i mS strial Strategy

Sent: 19 November 2019 1
To: Grant, Calum (BEIS) <i
State (Private Office) <
Office) <i

Secretary Of
; Tolhurst (Private

UKG1I00043110
UKGI00043110
; SpAds Office (Private Office)

White, Beth

; Aldred, Tom - UKGI
>: Watson, Richard - UKGI

Investment) GRO ‘>; Vandini, Cecilia (Advanced
Manufacturing and Services) <_
Richards, Nigel (Finance & Po
Culshaw, Robin - UKGI <
(Pi

Creswell, Carl
ices, Retail & Post Directorate)

Hill, Kate (Finance & Portfolio)

‘son, Louise (Legal)

Corera, Jane (Legal)

; Kilgarriff, Patrick (Legal)

; Manson, Justin (UKGI)

Beckett, Richard (Finance & Portfolio)
>; Patel, Vanisha (BEIS)

Morrison, Emer (Legal)

Cole, Alex - UKGI

Oluwatosin - UKGI

; Taylor, Tom (Finance & Portfolio)
erton, Sarah (BEIS)

Y Rachel (Communications
& Partnerships)
Subject: RE: [OFF:SEN - LEGAL] Advice - Approval For Settlement
Offer in Post Office Ltd. (POL) Litigation

Hi Bex,

Thanks for sending these and talking them through with me earlier.
Please see attached a revised document addressing the questions below.
Any further questions please feel free to drop me a line.

Cheers,

Josh

Joshua Scott I Analyst

Post Office Shareholder Team

UK Government Investments
1 Victoria Street I London I SW1H_OET.

From: Grant, Calum (BEIS) <_
Sent: 19 November 2019 11:53

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Office)

Scott, Joshua - UKGI

lhurst (Private Office)

i Permanent Secretary

; SpAds Office (Private Office)

~ SRO White, Beth
vices, Retail & Post Directorate)
} Aldred, Tom - UKGI
5: Watson, Richard - UKGI
Bhargava, Pranita (BEIS)
+; Hugo Robson
ini, Cecilia (Advanced

Creswell, Carl

Hill, Kate (Finance & Portfolio)

in, Louise (Legal)

Corera, Jane (Legal)

; Kilgarriff, Patrick (Legal)

; Manson, Justin - UKGI

Beckett, Richard (Finance & Portfolio)
p; Patel, Vanisha (BEIS)

Morrison, Emer (Legal)

; Cole, Alex - UKGI

Adegun, Oluwatosin - UKGI

Taylor, Tom (Finance & Portfolio)
5: Southe rton, Sarah (BEIS)

<x Rachel (Communications
& Partnerships) <. < GRO

Subject: RE: [OFF: ‘SEN - LEGAL] Advice - ‘Approval For Settlement
Offer in Post Office Ltd. (POL) Litigation

Copying Sarah and Rachel from Press Office in to the chain.

From: Secretary Of State (Private Office)

Tolhurst
Permanent Secretary
ice (Private Office)

_}; White, Beth

; Aldred, Tom - UKGI
latson, Richard - UKGI
Bhargava, Pranita (BEIS)
k>; Robson, Hugo (Business

Investment) < (>; Vandini, Cecilia (Advanced

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Manufacturing and Services) <{_
Richards, Nigel (Finance & Portfolio) <i
Culshaw, Robin - UKGI <i”
(Professional Busi iS}

s, Retai ost Directorate)

Grant, Calum (BEIS)

Hill, Kate (Finance & Portfolio)

on, Louise (Legal)

Corera, Jane (Legal)

ilgarriff, Patrick (Legal)

; Manson, Justin (UKGI)

Beckett, Richard (Finance & Portfolio)
Patel, Vanisha (BEIS)

Morrison, Emer (Legal)

} Cole, Alex - UKGI

Oluwatosin - UKGI

; Taylor, Tom (Finance & Portfolio)

ject: RE: z LEGAL] Advice - Approval For Settlement
Offer in Post Office Ltd. (POL) Litigation

Hi Josh,

Thanks for sending this up. I think we need to strengthen the section on
why the decision needs to be made during purdah before this is shared
with No10. A few things I think helpful to address more specifically
would be:
e How within our power is it to move the mediation date to after
purdah?
¢ What specific risks would moving the mediation date have on
POL’s strategy — ie. Increased cost of final settlement, poor
media coverage etc?
« Would there be more of a media reaction if the mediation was
moved than if the mediation happened?
« How much media coverage is expected if the mediation were to
go ahead and what form of announcement would be necessary
if the mediation was successful?

« If mediation was unsuccessful when would the 2" session be?
Overall the note needs to show a clear benefit for mediation occurring
in purdah, against delaying it to afterwards. Would it be possible to
have a revised note with the above addressed for 2pm today?

More than happy to discuss,

Bex

Rebecca Lowe, Private Secretary to the Rt Hon Andrea Leadsom MP,
Department for Business, Energy and Industrial Strategy

: secretary.state€

UKG100043110
UKGI00043110
From: Scott, Joshua - UKGI </
Sent: 18 November 2019 15:34

To: Secretary Of State (Private Office)

1 Tolhurst (Private Office)
Permanent Secretary

; SpAds Office (Private Office)

cooper, Tom - UKGI White, Beth
i I Busi Services, Retail & Post Directorate)

; Aldred, Tom - UKGI

}; Watson, Richard - UKGI

Bhargava, Pranita (BEIS)

Investment)
Manufacturing and Sérvices

Hill, Kate (Finance & Portfolio)
‘son, Louise (Legal)
Corera, Jane (Legal)
garriff, Patrick (Legal)
+; Manson, Justin (UKGI)
Beckett, Richard (Finance & Portfolio)
>; Patel, Vanisha (BEIS)
Morrison, Emer (Legal)
Cole, Alex - UKGI
Adegun, Oluwatosin - UKGI

~~ '; Taylor, Tom (Finance & Portfolio)

Subje E: [OFF:SEN - LEGAL] Advice - Approval For Settlement
Offer in Post Office Ltd. (POL) Litigation

Hi Charlotte,

Further to the below please see attached the requested background
note for No.10. I have also attached the previous read-out from
Shanice re the earlier call between officials and Kelly.

Our understanding is that we are not being asked to seek approval
from SoS or No 10. As discussed earlier we have an information
sharing protocol in place with POL so if No10 request anything more
detailed please do let us know and we can discuss.

We are also awaiting sign-off from the Perm Sec and HMT Chief
Secretary.

Cheers,

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Josh

Joshua Scott I Analyst

Post Office Shareholder Team

UK Government Investments

1 Victoria Street I London I SW1H OET

From: Scott, Joshua - UKGI

Sent: 18 November 2019 10:36

To: Secretary Of State (Private Office)

Tolhurst (Private Office)
Permanent Secretary

“b; SpAds Office (Private Office)

<
Cc: Cooper, Tom - UKGI < _>; White, Beth
(Pl i i rvices, Retail & Post Directorate)

>; Hugo Robson
Vandini, Cecilia (Advanced

Manufacturing and Services)
Richards, Nigel (Finance & Pi i
Culshaw, Robin - UKGI < }Creswell, Carl
(Professional Business Services, Retail & Post Directorate)

; Grant, Calum (BEIS)

Hill, Kate (Finance & Portfolio)

Jackson, Louise (Legal)

>; Corera, Jane (Legal)

garriff, Patrick (Legal)

Manson, Justin - UKGI

Beckett, Richard (Finance & Portfolio)
+: Patel, Vanisha (BEIS)

Morrison, Emer (Legal)

Cole, Alex - UKGI

Adequn, Oluwatosin - UKGI

I Taylor, Tom (Finance & Portfolio)

< GRO. Ea

¢
Subje E: [OFF:SEN - LEGAL] Advice - Approval For Settlement
Offer in Post Office Ltd. (POL) Litigation

Hi Charlotte,
Thanks for the quick response and no problem.

I'll pick this up and issue a 1-pager to you this afternoon.

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Cheers,

Josh

Joshua Scott I Analyst
Post Office Shareholder Team
UK Government Investments

Tolhurst
anent Secretary

Ce! Cooper, Tom - UKGI +; White, Beth
(Professional Business Services, Retail & Post Directorate)

Aldred, Tom - UKGI

atson, Richard - UKGI

Bhargava, Pranita (BEIS)

+; Hugo Robson

Vandini, Cecilia (Advanced
Manufacturing and Services) <f~
Richards, Nigel (Finance. & Pol
Culshaw, Robin - UKG
(P.

i

Creswell, Carl
ices, Retail & Post Directorate)
Grant, Calum (BEIS)
>; Hill, Kate (Finance & Portfolio)
son, Louise (Legal)
Corera, Jane (Legal)
Kilgarriff, Patrick (Legal)
waanana?, Manson, Justin - UKGI
>; Beckett, Richard (Finance & Portfolio)
Patel, Vanisha (BEIS)
lorrison, Emer (Legal)
; Cole, Alex - UKGI
57 Adegun, Oluwatosin - UKGI
; Taylor, Tom (Finance & Portfolio)

Subje E: [OFF:SEN - LEGAL] Advice - Approval For Settlement
Offer in Post Office Ltd. (POL) Litigation

Hi Joshua,
Thank you for sending up — the Secretary of State has viewed over the

weekend and has asked for a one pager on this decision that we can
share with the PM's office, if necessary. This only needs to be top

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lines- i.e. what the decision is, key facts, why it needs to be made in
purdah, implications of delaying etc

As far as I am aware, this decision hasn't yet been made by Minister
Tolhurst — but if I could have this one pager by 4pm today, that would
be great.

Please could you confirm receipt that somebody has picked this up —
and shout if this deadline is not feasible.

Happy to chat through on the phone,
Thanks

Charlotte

<image005.png> <image004.jpg> Charlotte Weston
Private Secretary (cover) to the Secretary of State for Business,

From: Scott, Joshua - UKGI <i
Sent: 15 November 2019 12:56
To: Secretary Of State (Private Office)

Tolhurst (Private Office)
ermanent Secretary

"b; SpAds Office (Private Office)

hite, Beth

hargava, Pranita (BEIS)
Robson, Hugo (Business

Manufacturing and Services) +

Richards, Nigel (Finance & Portfolio) <1
Culshaw, Robin - UKGI <
(Professional Business S:

5 Hill, Kate (Finance & Portfolio)
ckson, Louise (Legal)

Corera, Jane (Legal)
ilgarriff, Patrick (Legal)
Manson, Justin (UKGI)
Beckett, Richard (Finance & Portfolio)
_>; Patel, Vanisha (BEIS)

‘Morrison, Emer (Legal)

Cole, Alex - UKGI

in, Oluwatosin - UKGI

Taylor, Tom (Finance & Portfolio)

j EN - LEGAL] Advice - Approval For Settlement Offer
in Post Office Ltd. (POL) Litigation

OFFICIAL SENSITIVE - LEGAL

Shanice, Oliver, Jefferson and Bex,

Advice for approval.

Purpose

Following advice submitted 8 November (attached as Annex A) this advice
requests Minister Tolhurst's approval for the settlement range proposed by
POL (and their external legal advisors Herbert Smith Freehills (HSF)) in
preparation for their mediation meeting with Claimants in the Group Litigation

Order on 27/28 November.

roval to a proposal from the POL Board to [EE
CST approval is being sought in parallel.

This note seeks your a)

In line with the decision of the POL Board,

and would require POL [CEO
and Chair] approval, as well as the approval of officials from BEIS and HMT.

Minister Tolhurst has a phone call with officials on 18 November to discuss the
advice and justifications for the settlement range proposed.

Timing

Urgent — a decision is required by 22 November.

We have discussed this advice with Perm Sec’s Office in light of the pre-

election period and can confirm it is classed as ‘essential business’ and should
be allowed to continue during this time.

Special Advisers
This has been sent to SpAds office in parallel.
Annexes

Annex A — POL Approach to GLO Mediation Written Advice submitted 8
November.

Annex B — Advice on Settlement (Draft) provided by HSF and discussed at 14
November settlement working group meeting.

Annex C — Advice on Convicted Claimants provided by HSF and discussed at
14 November settlement working group meeting.

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Annex D — POL CFO Confirmation Letter

Contacts

Director General — Justin Manson.
Lead Official - Joshua Scott,
Director Responsible — Tom Cooper, ¢.
Any questions please let me know.
Cheers,

Josh

Joshua Scott I Analyst

Post Office Shareholder Team

UK Government Investments

1 Victoria Street I London I SW1H 0ET
i GRO.

GRO !

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