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From: Amy Prime
To: Andrew Parsons { GRO I
Ce: Paul Stewart!”
Subject: RE: Litigation and Appointment - next steps [BD-4A.FID26896945]
Date: Thu, 22 Mar 2018 20:16:20 +0000
Importance: Normal
Attachments: DOC_38386038(1) Updating Paper_-_22_March_2018.nrl;
_DOC_38386038(1) Updating Paper_-_22 March_2018.DOCX
Inline-Images: image003.png; image004.png; image005.png; image006.png; image007.png;
image375142.PNG; imaged58eee.PNG; image786adc.PNG
All
Further to the below, please find attached talking points for Jane to use at the committee meeting on Monday. Jonny,
please could you insert some wording for the work which the expert is currently doing and his next steps?
Rod also called to discuss the UKGI protocol. His preference would be to provide them with a baseline position on the
litigation and inform / update them if there is a shift from this baseline (ie. after Counsel have produced their draft / final
merits opinion). He would like to minimise how often POL are required to update them but recognises there is a need
to do so.
Rod asked for some suggested wording which could be provided to the UKGI. Draft wording below — thoughts /
comments welcome.
Draft wording for Rod
Acclaim has been brought against Post Office by 561 former and current postmasters. Whilst their claims are centred
on the adequacy of the IT accounting system (Horizon), their claims are broad and touch on nearly all aspects of a
postmaster's relationship with Post Office. The Claimants have not yet articulated a claim value. This information has
been requested on multiple occasions.
There will be an initial trial in November 2018 which will seek to determine the true meaning and effect of the
contractual relationship between Post Office and postmasters. The Claimants are running an ambitious case which
seeks to impose 20 implied terms into a standard contract which would in effect re-write the contract. In some cases
these implied terms are contrary to the express terms of the contract and established principles of agency law. A
second trial is due to be heard in March 2019 which will determine issues relating to the Horizon IT system.
Since the claim value is unknown, it is difficult at this stage for Post Office to progress any settlement discussions. The
Court have ordered that the parties are to use reasonable endeavours to attend a mediation following the November
2018 trial.
END
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Many thanks
Amy
Amy Prime
Solicitor
Womble Bond Dickinson (UK) LLP
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From: Andrew Parsons
Sent: 22 March 2018 09:51
To: Rodric Williams
Cc: Amy Prime; Paul Stewart; Jonathan Gribben
Subject: FW: Litigation and Appointment - next steps [BD-4A.FID26896945]
Rodric
Do you need any input from us on the UKGI template?
My quick thoughts are that the key reporting windows should tie into our timings for Counsel's opinion, which are:
End of April (after we have the Cs individual pleadings) — so report to UKGI in May?
September (after all documentary and witness evidence is received) — report to UKGI in early October before trial?
We could also add a reporting date post-trial?
I know you know this.... but we need to be careful about sharing privileged information with UKGI. Are we putting in
place some protocol for sharing this information with limits on what UKGI can do with it?
A
Andrew Parsons
Partner
Womble Bond Dickinson (UK) LLP
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From: Jane MacLeod } GRO
Sent: 21 March 2018 15:56
To: Rodric Williams; Andrew Parsons
Cc: Patrick Bourke; Mark Underwood1; Veronica Branton; Diane Blanchard
Subject: FW: Litigation and Appointment - next steps
(Veronica — for awareness re Monday committee meeting; Di — for awareness re setting up a possible call on
Friday)
All
I am being chased by UKGI for our views on this — can I have your thoughts? We have the first Board sub-
committee meeting on Monday and I would like to flag this to them?
Also, we need to work up an agenda for that sub-committee meeting. So far my suggestions would be:
e =ToR
¢ Litigation timetable & suggested dates for future meetings
e¢ Update on developments since January board meeting:
o Scope of disclosure
o Scope of Horizon hearing
o Appointment of IT expert
o Application for security for costs
¢ Engagement with UKGI
e¢ Contingency planning
e AOB
Anything else — we only have an hour? Could we have a call on Friday to discuss?
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Thanks
Jane
® Jane MacLeod
Group Director of Legal, Risk & Governance
Ground Floor
20 Finsbury Street
LONDON
EC2Y 9AQ
From: O'Neill, Elizabeth - UKGI [oo GRO. }
Sent: 01 March 2018 1
To: Patrick Bourke!”
Ce: Jane MacLeod ¢.
:Rodric Williams
GRO. — 'Callard, Richard - UKGIE a ‘GRO Cooper,
Tom - UKGI{ } Lambert, Helen-UKGI; GRO
Subject: Litigation and Appointment - next steps
Patrick, Helen,
Thank you for your time last week.
As discussed, I attach a standard form litigation protocol along the lines of what we would propose to submit
to the Permanent Secretary. As you will see, this sets out various touchpoints in the litigation process, and
the steps we intend to take to ensure the Permanent Secretary remains fully informed at each salient point.
If you are able to provide more detail on the litigation timetable, or indeed if you have any comments or
suggestions, we would be happy to amend the protocol bespoke to the current litigation.
Separately I’d be grateful, as I indicated in my email to Helen on Monday, if in anticipation of Tom Cooper’s
appointment, you could let me know if you intend to agree an NDA similar to the one you have with
Richard, and if so, forward me the proposed text so that Tom and I may consider.
Kind regards,
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Elizabeth
From: Patrick Bourke! GRO.
Sent: 23 February 2018 15:10
To: O'Neill, Elizabeth - UKG
Ce: Jane MacLeod; GR
si je : Litigation Meeting
Dear Elizabeth
It was a pleasure to meet with you this morning.
I just wanted to confirm that we have understood the need for an appropriately structured information flow in
relation to the matters we discussed earlier, and agree that some form of protocol to govern those
arrangements makes very good sense.
While recognising that there is no set format in this regard, it would nonetheless be helpful for us to draw
inspiration from similar arrangements you have put in place with other ALBs. You kindly offered to share
something with us for that purpose.
We will come back to you with our take on how this might work best in our case, having regard to the
particularities of our governance arrangements and the litigation itself.
In the meantime, do please feel free to get in touch if there is anything you'd like to discuss.
Kind regards
Patrick
Patrick Bourke
Corporate Affairs Director
15 Floor
20 Finsbury Street
2017 Winner of the London EC2Y 9AQ
Global Postal Award
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