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From: 7 .
To: Mark Underwood! 4___ __._ GRO } Jane MacLeod
{ GRO 1, Rodric Williams
Ce: Amy Prim Rachel Scott
Subject: RE: Commo: ions Table + Subsequent Actions - Subject to
Legal Privilege [WBDUK-AC.FID27032497]
Date: Sun, 10 Mar 2019 22:13:54 +0000
Importance: Normal
Attachments: 190308 Subject_to_Legal_Privilege_-_Judgment_Actions.docx;
_DOC_154696974(1) Summary_of CIT_Judgment.docx;
UPDATED _Risk_Assessment_Table_-_10_March_2019.DOCX; BATES-
note100319.docx
Inline-Images: image001.png; image002.png; imagedf1586.PNG; image28a5fa.PNG;
image0599e4.PNG
Mark and all
Please find below and attached an update on our deliverables 1.1 — 1.6.
1.1 Determine whether the Judgment has any impact on the Horizon Trial which begins on Monday
The HIT Counsel team have been briefed and are taking the CIT judgment into account in their preparations.
Consideration has been given to adjourning the HIT. This is not recommended for two reasons:
There is very little chance the Judge would entertain it. Even making the application will get him (further) offside.
We have a largely new team in front of him on Monday, with mainly new witnesses. We therefore believe that the
better approach is to push for a "clean slate" with the judge and to urge him to come to this trial with an open mind.
We think this is unlikely to work given his comments in the CIT, but this is better than further antagonising him.
4.2 Handing down timing_and appeal
There are no means of preventing the Judgment from being handed down or suspending its effect.
Please see attached DCQC's note on lodging an appeal.
1.3 Judgment summary and impact
Please find attached two documents: an Initial Summary of the Judgment and the updated Risk Assessment Table.
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1.4 Sharing the Judgment with shareholder
Post Office can apply to the Judge for permission to share the Judgment with other organisations outside of PO.
There are no rules or tests for this — it is a matter of judicial discretion. It requires a formal application to be lodged
with the Court.
1.5 Branch Trading Statement
We do not believe that there is any immediate action that can be taken to allow the BTS to be relied on as an account
stated under the law of agency. There may be actions that can be taken in the future as part of a wider mitigation
strategy.
An action has been added for advice on whether the difficulty in relying on the BTS could affect false accounting
convictions. That is a question for Cartwright King who will need to be instructed by Post Office. We can of course
help prepare any supporting papers.
4.6 Corrections
Corrections are underway. Gideon Cohen plus a new junior Counsel has been instructed to assist with this. Alongside
our typographic corrections, we plan to lodge a few points where we believe that the Judgment could be clarified in
PO's favour. This will not however change the overall effect of the Judgment.
Kind regards
Andy
Andrew Parsons
Partner
Womble Bond Dickinson (UK) LLP
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DICKINSON v fin)
From: Mark Underwood1 [mailto: GRO
Sent: 10 March 2019 11:39
To: Jane MacLeod; Rodric Williams; Andrew Parsons
Cc: Amy Prime
Subject: RE: Common Issues Judgment: Instructions Table + Subsequent Actions - Subject to Legal Privilege
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Thanks Jane
A calendar invitation for the call should now be in each of your diaries for 7:30pm this evening.
Andy — I tried to call — please ask DQC will come to FD tomorrow for 11am and ask that he keep Tuesday
morning free to join a call with the Board or come in in person if it becomes a F2F meeting.
I have attached:
o A revised version of the actions list, which I have added to since it was last circulated on
Friday
o A revised version of the ‘soundbites’ included in the judgment, which should now reflect the
Judgment in its entirety
o Paper on the Appeals process
o Paper on costs
o Andy /Amy — can you dig out the papers within which we discussed suspensions and acting
capriciously, + the admitted Stirling v Maitland and Necessary Cooperation implied terms
On tonight’s call, I would find it helpful to:
Understand any developments over the weekend
Progress made against the various bits of advice being sought
Plan for the week ahead
Mark
° Mark Underwood
Portfolio Director: Legal, Risk & Governance
Ground Floor
20 Finsbury Street
2017 Winner of the 1°70" £°7Y 942
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From: Jane MacLeod
Sent: 10 March 2019 08:40 .
To: Mark Underwood] + GRO +; Rodric Williams
a ‘GRO i ~~
Ce: andrew.parsons + GR
Subject: RE: Common Issues Judgment: Instructions Table + Subsequent Actions - Subject to Legal
Privilege
Thanks Mark
GE is from 10.30 onwards tomorrow. We’ve cancelled the McKinsey session which was scheduled to go till
1 pm, so we effectively have 10.30-1.00pm. My suggestion would be for David to come at say 11/11.30 so
that we have time to address any other business before he comes in.
The Board call hasn’t been scheduled yet but is most likely to be in the morning (on the basis that that is
when the Chairman is usually in the office) so we need to know if there are any times that David couldn’t
make.
Thanks
Jane
PS Mark — you still have an out of office message on!
@ Jane MacLeod
Group Director of Legal, Risk & Governance
Ground Floor
20 Finsbury Street
LONDON
EC2Y 9AQ
From: Mark Underwood!
Sent: 09 March 2019 23:33
To: Jane MacLeod
Ce: andrew.parsons
Subject: Re: Common Issues Judgment: Instructions Table + Subsequent Actions - Subject to Legal
Privilege
>; Rodric Williams <
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Hi Jane,
Would 6pm work for everyone ? I will assume it does unless i hear otherwise and put something in the diary.
Andy - Al has asked that David come to GE on Monday and the Board on Tuesday.
Jane - what time are these meeting please?
Mark
Mark Underwood
Portfolio Director: Legal, Risk & Governance
From: Jane MacLeod
Sent: Saturday, March
To: Mark Underwood1; Rodric Williams
Ce: andrew.parsons
Subject: Re: Common Issues Judgment: Instructions Table + Subsequent Actions - Subject to Legal
Privilege
Thanks Mark,
I’m still trawling through the judgement again, but had also picked up these points. Subject to availability,
would it be possible for the 4 of us to have a call late tomorrow afternoon/ early evening - I’m flexible as to
timing, but it might be worth running through who’s doing what before Monday.
Jane
Jane MacLeod
Group Director Legal, Risk & Governance
Post Office
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From: Mark Underwood] <__
Sent: Saturday, March 9, 2019 9:17 pm
To: Jane MacLeod; Rodric Williams
Ce: andrew.parsons
Subject: RE: Common Issues Judgment: Instructions Table + Subsequent Actions - Subject to Legal
Privilege
GRO _ j
Jane / Rod
Further to the below, I have now been through the judgment from a comms / stakeholder management lens,
pulling out:
Comments re the NFSP
Statements which will play in the secrecy / deceit narrative
The Judge’s observations on our witness evidence vs the claimants’
Inflammatory comments more generally.
I am only sending this to you two as I am not entirely sure whether I am yet able to circulate anything with
extracts from the Judgment just yet — but I hope this will prove helpful to Mel and Mark on Monday.
Themes in terms of the comment / ‘observations’ Judge Fraser has made include: POL being secretive;
sloppy in its operations; its evidence being driven through a PR Prism; its witnesses being blinkered in their
views / adopting a default position in their findings; and an undercurrent of sexism.
Please do forward on now to the copy list included on my below note (+Al who I omitted accidentally), if we
are able to?
Given the attacks made on some of POL’s witness evidence, we should speak to each of them as swiftly as
we can, once the judgment is handed down. Also, I know Nick Beal is planning to attend Court on Monday
and as such, the sooner we can brief SteerCo, the better — I think the note Jane sent to the Board on Friday
would be perfect?
I will continue to work on the attached tomorrow.
Mark
° Mark Underwood
Portfolio Director: Legal, Risk & Governance
Ground Floor
20 Finsbury Street
London EC2Y 9AQ
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From: Mark Underwood!
Sent: 08 March 2019 19:18
To: Jane MacLeod <
Melanie Corfield <
Brauer
GRO ; Julie Thomas <~ Zoe
kes. Ben Beabey _ SRO.
GRO _ >; 'Rodric Williams’
{ >; Angela Van-Den-Bogerd <i GRO 3
achel Scott’ :.. GRO a)
Subject: Common Issues Judgment: Instructions Table + Subsequent Actions - Subject to Legal Privilege
Importance: High
Dear all
Further to the exchange of emails todays on the Common Issues Trial Judgment, please find attached an
initial actions list which I think captures what everyone has fed in and is purposely simple. Further actions
and work will be required as advice is received from the lawyers but hopefully this will get the ball rolling.
Please do send me anything that I have missed.
There are a number of deliverables required before Monday, but necessarily so as they provide the
springboard for everything else (next steps, reporting, briefing papers etc). I will set up a meeting for first
thing on Monday (with dial ins for those not in FD) so that we can assess where we are, based upon the
advice which will be provided over the weekend.
Jane: can we please use the Chairman’s Office as a ‘base’?
Jane & Al: would you like David Cavender QC to come to GE on Monday / the Board call on Tuesday?
What are the timings of these meetings please?
Andy / Rachel: Can you please get the relevant instructions out to One Essex / your team. Please give me a
call to discuss anything in the attached table which isn’t clear.
Thanks all
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Mark
Mark Underwood
Portfolio Director: Legal, Risk & Governance
Ground Floor
20 Finsbury Street
2017 Winner of the ‘°7¢" £°7Y 942
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