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30 September 2019 Womble Bond Dickinson (UK) LP
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Freeths LLP
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Email: jame: GRO __ {imogen.randalli GRO H
Dear Sirs
Alan Bates & Others-v Post Office LimitedPost Office Group Litigation
Horizon Issues Trial Disclosure
We refer to your second letter dated 27 September 2019.
‘Our understanding from reading your letter is that you do not take issue with the disclosure we have
provided, nor the timing in which is disclosure was provided. Should you wish
to file any submissions on these documents, then that is a matter for you and your clients. Please
however find below responses to the matters raised in your letter.
1. Previous draft of KEL:
We enclose with this letter a copy of the documents as received by Paul Smith of Post Office from Fujitsu
on 3. and 9 September 2019. This should clarify for you which documents relate to the 12 issues we
refer to in our second letter dated 25 September 2019.
It is these 12 documents on which we requested and provided copies of any Peaks and KELs referred to.
For example, BattleN5341P refers to PC0261948 and PC0279457. PC0261948 had already been
disclosed to you (POL-0429543) and PC0279457 had not been, therefore we requested and provided
this to you by way of our 25 September 2019 letter. The example you have given, PC0278614 is a Peak
referred to in spar1458P, one of the documents that relates to the 12 issues. The Peak was therefore
provided to you because it is referred to in that document and had not previously been disclosed.
2.3.__ Previously disclosed KEls
In respect of your point that any intervening dates of changes to KELs are not captured, nor any changes
which have been made (or made and then subsequently revised) on the face of the documents, you
have already been made aware of this position in our client's Electronic Documents Questionnaire dated
6 December 2017 {C9/1/46}. In it, Post Office explained that "t]he KEL only contains the current
database entries and is constantly updated and so the current version will not necessarily reflect the
version that was in place at the relevant time. The previous entries / versions of the current entries are
no longer available". Had you wanted to take issue with this, you should have done so before now.
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number is GB123383627. Registered offce: 4 More London Riverside, London, SE 2AU,
Use the term partner to reer ta a member ofthe LLP, or an employee or consultant whois
is authorised and regulated by the Salictors Regulation Author
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‘AC_158054967_1
‘Commented [ALP11]: Do we want o expressly say that
POL has an adverse disclosure obi which is ongoing and
disclosure was provided in in with that obligation?
Commented [ALP12]: What about documents rec'd on 13
September?
Did Paul receive any other copies of the KELs other than the
documents rec'd on 3, 9 and 13 September which also need to
be disclosed?
Freeths are also going to ask for the draft version ofthe
proposed process flow which was sent to Martin Godlbold on
7 Aug 2019 (see email chain from Paul Smith) - do we want to
get tis ne
‘Commented [ALP13]: Why do these earlier draft
documents clarify which ofthe 12 issues the previously
disclosed document relate to? Should this clarification point
be a separate point from the disclosure of the draft
documents?
‘Commented [ALP14]: Lucy — sorry I don't understand the
first sentence. Is tthe case that there are no further
documents to be disclosed as we have already disclosed all of
the Peaks and KELs referred to in the adverse documents?
Commented [ALP15]: Are we going to be providing
cisclosure of the Peaks and KELS referred to in the adverse
documents which have not yet been disclosed? I think this is
what Freeths are requesting disclosure of
(Commented [ALP16]: This needs double-checking with FJ_)
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4.___ Flowchart
The flowchart was provided to you to give you some context as to why we are disclosing these
documents at this stage. It shows how issues in Horizon are being dealt with, as is evident on its face. ‘Commented [ALP17]: And because it was an adverse
document?
Yours faithfully
Womble Bond Dickinson (UK) LLP
‘AC. 158054967_1 2
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