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"Parsons, Andrew" I
"Prime, Amy"
FW: GLO Letter
Fri, 15 Jul 2016 13:16:36 +0000
High
045.Bates.our_letter_of_response.docx
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Andrew Parsons
Partner
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From: Anthony de Garr Robinson [mailto:
Sent: 15 July 2016
12:39
To: Parsons, Andrew; Readhead, Tiffany; Loraine, Paul
Subject: RE: GLO Letter [BD-4A.FID26859284]
Importance: High
Dear all,
Here is where I have got to with the letter, working too fast and without checking things, proofreading or
even making a spellcheck. I have just about got to the end of section 8, although my review of everything
from section 7 was quite hurried.
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T have not looked at the remaining sections of the letter but I have looked at the schedules and have many
proposed amendments for them. They are not huge amendments but they will improve the quality and avoid
some hostages to fortune. Do you want me to klet you have them? If so, I will not be able to turn to that
until after 3pm.
Let me know what you wat me to do. Please note that I expect to be out of circulation for almost the whole
of the weekend and much of the early part of next week. However, that may suit you!
Best wishes,
Tony
From: Parsons, Andrew [mailto . GRO
Sent: 14 July 2016 15:19
Readhead, Tiffany
GRO
Subject: RE: GLO Letter [BD-4A.FID26859284]
Tony
You do your amendments first and then we'll feed in anything else we have.
A
Andrew Parsons
Partner
Bond Dickinson LLP _
From: Anthony de Garr Robinson
Sent: 14/07/2016 14:59
To: Parsons, Andrew; Readhead, Tiffany; Loraine, Paul
Subject: RE: GLO Letter [BD-4A.FID26859284]
I’m not sure the nature of the proceedings are key — the key point for us may be that the tort of abuse of the
process (Crawford does not call it malicious prosecution) requires bringing proceedings for a purpose other
than the recovery of the money sought in the proceedings, which is clearly not our case and which they do
not even allege here.
Hold on, though — who’s currently in charge of the travelling draft?
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From: Parsons, Andrew [mailto;
Sent: 14 July 2016 14:46
To: Anthony de Garr Robinson <__ )
{ GRO mi ine, Paul 4 GRO
Subject: RE: GLO Letter [BD-4A.FID26859284] ~
Tony
I was going to ignore it as they haven't put forward a case on this. May be we just add a footnote.
Paul. Would you mind addressing this point? I think you can only bring an MP claim for certain types of
civil proceedings, not all civil proceedings. Ask Amy, she might know the case law on this.
A
Andrew Parsons
Partner
Bond Dickinson LLP
Tel:
From: Anthony de Garr Robinson
Sent: 14/07/2016 14:27
To: Readhead, Tiffany
Ce: Parsons, Andrew
Subject: RE: GLO Letter [BD-4A.FID26859284]
Thank you, Tiffany.
Andy, is anyone proposing to deal with their argument that we are liable for malicious prosecution in relation
to the civil proceedings we have brought? For this purpose, they are relying on Crawford Adjusters v
Sagicor. Should the letter not be addressing the point?
Tony
From: Readhead, Tiffany [mailto?
Sent: 14 July 2016 14:06
To: Anthony de Garr Robinson
Ce: Parsons, Andrew <
Subject: RE: GLO Letter [
Afternoon
As requested, please find attached the updated version of the letter to Freeths.
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Thanks
Tiff
Tiffany Readhead
Secretary
Bond Dickinson LLP
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From: Parsons, Andrew
Sent: 14 July 2016 13:44
To: Anthony de Garr Robinson
Cc: Readhead, Tiffany
Subject: RE: GLO Letter [BD-4A.FID26859284]
Tony
Forgot to say. The letter hasn't changed much. Some work has been done to the Heads of Claim section.
Tiff. When you're finished making those changes I gave you, please could you send Tony the updated letter.
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A
Andrew Parsons
Partner
Bond Dickinson LLP
From: Anthony de Garr Robinson
Sent: 14/07/2016 13:21
To: Parsons, Andrew
Ce: Porter, Tom
Subject: RE: GLO Letter [BD-4A.FID26859284]
He’s promised me this afternoon, I’m going over the other parts of the letter you sent me with my pen and
will have amendments to many parts. Would lunchtime tomorrow be too late for you? Has the draft
changed much since the version you sent to me? Where are you dealing with the remote data alteration
point?
From: Parsons, Andrew [mailto: GRO 7]
Sent: 14 July 2016 12:47
To: Anthony de Garr Robinson +
Ce: Porter, Tom ¢_
Subject: RE: GLO Letter [BD-4A.FID26859284]
Tony
Thanks.
We agree with your amendments. We'll tidy up the letter, chase down your questions and get this sent.
On the Comm Ct point, I agree that if this is to be even a viable option we need to do it in a transparent manner which
means setting it up in correspondence first.
Do you have an ETA on the sections you / Owain were amending on the LOR?
Kind regards
Andy
Andrew Parsons
Partner
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From: Anthony de Garr Robinson [mailto}
Sent: 14 July 2016 10:24
To: Parsons, Andrew
Cc: Porter, Tom
Subject: RE: GLO Letter [BD-4A.FID26859284]
Importance: High
Dear Andy,
Here are my suggestions for your letter. I hope they are self-explanatory. Given the time pressure, I have not
rigorously gone through the order to ensure that it all fits together on our case (that it should be in the
commercial court etc).
Tom’s suggestion really is brilliant. However, if we suddenly made an application to the commercial court in
an attempt to steal a march on the other side, this would go down very badly with both courts. I have added
some wording to the letter and have amended the Order in ways that are designed to provoke an unequivocal
response from Freeths that they will absolutely never agree to transfer. If and when that happens, and
depending on how they express themselves, we might have an opportunity to reply by saying something like
(1) the parties agree that there should be a GLO and it is now clear what the issues are because we’ve served
our letter of response, (2) it is also clear that we are never going to agree on forum, and that this is the most
urgent issue, and (3) we’ve considered how best to resolve that issue and it seems to us that the quickest and
most appropriate procedure is through an application for a GLO to be made by the commercial court, and (4)
obviously, the claimants will not be making this application but the defendant will and (5) the claimants can
expect to receive the necessary papers shortly.
I’m more than a little concerned that this could end up rebounding on us, but let’s decide once we’ve sent our
letter of response.
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Best wishes,
Tony
From: Parsons, Andrew [mailto:
Sent: 13 July 2016 19:18
To: Anthony de Garr Robinson <
Ce: Porter, Tom
Subject: GLO Letter [BD-4A.FID26859284]
Tony
Please find attached a draft letter to Freeths and an amended GLO for your comments.
Tom P came up with an interesting, if slightly mischievous, idea on the issue of moving matters to the Commercial
Court. Both Claimants and Defendants can apply for a GLO at any time, even before a Claim is issued or served.
Post Office is therefore at liberty to apply to the Commercial Court for a GLO. The fact that Freeths have issued in the
QBD doesn't prohibit such an application.
Therefore, rather than try to transfer the QBD Claim to the Commercial Court, we could simply make our own
application to the Commercial Court for a GLO (which would include the usual direction that all claims be moved to the
Management Court ie. the QBD claim would be moved to the Commercial Court).
Too mad or worth consideration?
Andy
Andrew Parsons
Partner
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