From: Tom Beezer ¢.
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To: Andrew Parsons }
Ce: Amy Prime
Subject: RE: Appeal Review
GRO
Date: Tue, 12 Mar 2019 07:14:55 +0000
Importance: Normal
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Left Jane a VM saying call when it suits you
Tom Beezer
Partner
Womble Bond Dickinson (UK) LLP
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From: Andrew Parsons
Sent: 12 March 2019 07:11
To: Tom Beezer
Cc: Amy Prime
Subject: FW: Appeal Review
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@ &)
Remember Neuberger only around for a couple of days.
Also, he wrote the law on interpretation of contracts — orthodox legal principles — so has skin in the game because this
judgment crashes through his doctrine on contract interpretation. Will he be open minded?
David said instruct both but then went back to Grabiner due to timing issues: Neuberger away and we would need to
instruct Grabiner anyway for the recusal application which should happen asap if approved / has merits.
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Andrew Parsons
Partner
Womble Bond Dickinson (UK) LLP
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From: Jane MacLeod [mailto:} GRO.
Sent: 12 March 2019 07:07
To: Tom Beezer; Mark Underwood1; Amy Prime; Rodric Williams
Cc: Rachel Scott; Dave Panaech; Andrew Parsons
Subject: Re: Appeal Review [WBDUK-AC.FID26896945]
Thanks Tom
My initial reaction was that we should appoint Lord Grabiner - I have briefed him in a previous life in a
contested hearing against the FCA and won, and he is available should we need him to appear.
However this morning my thinking is more along the lines of whether Lord Neuberger might be better given
his insight into the thinking of the Court of Appeal judges and their approach to current trends of contractual
interpretation.
It would be helpful to discuss that with you - are you available before 10 this morning for a quick call?
Many thanks,
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Jane
Jane MacLeod
Group Director Legal, Risk & Governance
Post Office
From: Tom Beeze = 3
Sent: Tuesday, March 12, 2019 7:02 am
To: Mark Underwood1; Amy Prime; Jane MacLeod; Rodric Williams
Ce: Rachel Scott; Dave Panaech; andrew.parsons
Subject: RE: Appeal Review [WBDUK-AC.FID26896945]
Mark
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We will double check the specifics on that with the clerks at OEC but I am confident that they (the clerks) won't have
‘oversold’ him and tried to cram too much in to his diary.
Either Amy P or I will revert early this morning when the clerks are in.
Kind regards
Tom
Tom Beezer
Partner
Womble Bond Dickinson (UK) LLP.
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From: Mark Underwood1 [mailto:t....
Sent: 12 March 2019 04:36
To: Amy Prime; Jane MacLeod; Rodric Williams
Cc: Rachel Scott; Tom Beezer; Dave Panaech; Andrew Parsons
Subject: RE: Appeal Review [WBDUK-AC.FID26896945]
Hi Amy,
Let me check with Jane in the morning, but I think we will almost certainly want to instruct Lord Grabiner
QC. My concern however is how much time does he actually have to look at this, this week and next?
Mark
° Mark Underwood
Portfolio Director: Legal, Risk & Governance
Ground Floor
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From: Amy Prime [mailto:.__
Sent: 11 March 2019 19:37
To: Mark Underwood] } GRO $; Jane MacLeod
L GRO
Ce: Rachel Scott <
Dave Panaech
Subject:
Dear All
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We have discussed with Counsel in more detail the appointment of a senior QC to review the judgment, grounds of
appeal and provide advice on the merits of an appeal. There are two options:
e The Rt. Hon. Lord Neuberger — retired as the President of the United Kingdom Supreme Court in 2017.
Lord Neuberger would be able to provide strategic and merits advice on the appeal. He would however not
be able to represent Post Office in Court (having previously sat as a Judge). If we wish to instruct Lord
Neuberger then it would be necessary to do so asap (ideally tomorrow). Hourly rate oft
e¢ Lord Grabiner QC — a very senior QC who would be well placed to provide strategic advice and merits on
the appeal, but would also be able to represent Post Office in the Court of Appeal if it was decided that a
senior QC would assist with the presentation of Post Office's case. Lord Grabiner is currently under brief for
a different matter but has some availability. Hourly rate of}
With either option we would also be looking to appoint a couple of junior Counsel to assist with the production
of the advice.
Since Lord Neuberger would not be able to represent Post Office in Court, we would recommend that Post Office
instruct Lord Grabiner QC to review the judgment (and surrounding documents such as the opening and closing
submissions, witness statements and pleadings) and provide advice on the strategy to be adopted for the appeal and
the merits of an appeal. We would roughly estimate the costs of obtaining this advice to be c.£80 to 100k, but would
be able to firm this estimate once we have provided Lord Grabiner QC with the papers.
These are the very best QCs/Judges available and clearly command a premium price. The alternative would be to
instruct a contemporary of David and Tony (noting that they are already very highly respected silks so this is already a
highly-qualified level) but at a more proportionate cost. If you would like us to look at this option, please let me know
and we will propose some names.
If you have any questions on the scope of the review to be undertaken, please let me know. Otherwise, please could
you confirm that we can begin with instructing Lord Grabiner QC?
Kind regards
Amy
Amy Prime
Solicitor
Womble Bond Dickinson (UK) LLP
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