WBONO000656
WBON0000656
From: Anthony de Garr Robinson ¢
To: Andrew Parsons <_
Ce: David Cavender
Jonathan Gribber :
< GRO >, "Simon Henderson (
\ GRO
» Amy Prime {7
Tom Beezer
Owai
>, Gideon Cohen
Re: Appeal mechanics
Date: Tue, 12 Mar 2019 07:28:32 +0000
Importance: Normal
Inline-Images: image2aaS0b.PNG; image4891a8.PNG; imagec698ec.PNG
Nothing in the emails you have exchanged causes me any difficulty. Let me know what to say about this to
the judge and I’ll be happy to say it.
Regarding the super silk David referred to, wiser heads than mind no doubt have a long list of possibles. But
it occurs to me that the procedural unfairness/bias/recusal issues at least would be right up David Pannick’s
street. An early announcement that he has been retained would also scare the c*** out of the judge, I
suspect, and may even affect his attitude at the HIT.
Tony
On 11 Mar 2019, at 20:14, Andrew Parsons
The judge seems quite ready to grant the extension of time so suggest that we stick with my plan below but
you ask for 6 weeks which neatly ties into the end of closing subs (likely to be 2 May).
A
Andrew Parsons
Partner
Womble Bond Dickinson (UK) LLP
GRO
Stay informed: sign up to our e-alerts<https://www.womblebonddickinson.com/uk/preferences>
Join us for Disrupting Disputes 2.0
20 March 2019 at the British Library
Book your place here<https://www.womblebonddickinson.com/uk/insights/events/disrupting-disputes-20>
<image2aa50b.PNG><http://>
WBD_000526.000001
WBONO000656
WBON0000656
womblebonddickinson.com<https://www.womblebonddickinson.com>
<image4891a8.PNG><https://www.twitter.com/wbd_uk> <imagec698ec.PNG>
From: David Cavender [mailto:
Sent: 11 March 2019 20:10
To: Andrew Parsons
Ce: Anthony de Garr Robinson; Tom Beezer; Jonathan Gribben; Owain Draper; Simon Henderson
GRO — _ ; Gideon Cohen; Amy Prime
ubject: Re: Appeal mechanics
Andy,
Many thanks for this. We need more time for two distinct things.
First - time to file notice of appeal. I would suggest 6 weeks from handown. This must be granted at
handown or on the adjournment of the handown. We need to be careful about that.
Second - time to prepare draft grounds of appeal to seek permission from the Judge. It looks as though the
Judge wants to do this as part of the consequentials - but you think no longer after the Horizon trial ? If this
is right then the time for lodging the notice of appeal should be a couple of weeks after that - in case we want
to tweak it after the permission hearing ? At the moment you run the two together.
Recusal ? This goes on in parallel - possibly before either of these things - IF it got the green light from the
Super Silk ?
Best
Dz.
and (in advance of that)
Sent from my iPhone
On 11 Mar 2019, at 19:35, Andrew Parsons +
David, Tony
I'm bringing everyone together on one email thread to talk about appeal mechanics.
Background (to catch everyone up)
- PO will want to appeal. The exact scope of the appeal is to be determined. PO will likely want a second
opinion on appealing (don’t worry about this — it is their default action on things like this).
- We will need 3-4 weeks to get a second opinion and prepare the grounds of appeal
+ Today, the Judge extended the HIT. He has given more time for XX of experts (which will now finish on
Wed 10th April), which I think will inevitably move closings to after Easter.
- We originally hoped to do the appeal after the HIT had closed, given that we might be going for a recusal.
That now can't happen because the Judge (I think) is unlikely to extend time to after Easter. So that leaves us
extending time for an appeal until the close of evidence / just before Easter. Tony is comfortable with this
(Tony — say if you disagree).
WBD_000526.000002
WBONO000656
WBON0000656
- If possible, Jane would like us to make a public statement that we are appealing at the same time as the
Judgment is handed down (for comms reasons).
- I think the Judge does not intend for there to be a proper handing down hearing if he can help it.
So I think the plan should be....
- When the Judge raises timing of handing down and consequential hearings (likely Thursday of this week),
Tony should say that if this could be on the Monday morning at 10:15 before trial starts, David will attend to
talk about consequential issues.
David can then attend on Monday and say (loud and proud) that PO intends to appeal but needs a few weeks
to prepare the grounds of appeal and ask for an extension of time until the end of evidence (either last thing
on Wednesday 10th or first thing on Thursday 11th).
Thoughts?
A
Andrew Parsons
Partner
Womble Bond Dickinson (UK) LLP
Stay informed: sign up to our e-alerts<https://www.womblebonddickinson.com/uk/preferences>
Join us for Disrupting Disputes 2.0
20 March 2019 at the British Library
Book your place here<https://www.womblebonddickinson.com/uk/insights/events/disrupting-disputes-20>
[Womble Bond Dickinson (UK) LLP]<http://>
womblebonddickinson.com<http://womblebonddickinson.com><https://www.womblebonddickinson.com>
[Womble Bond Dickinson (UK) LLP Twiter]<https://www.twitter.com/wbd_uk> [Womble Bond Dickinson
(UK) LLP LinkedIn] <https://www.linkedin.com/company/womble-bond-dickinson-uk-IIp/>
Please consider the environment! Do you need to print this email?
The information in this e-mail and any attachments is confidential ai
protected by law. dcavende
<mailto:¢-—
not dcavender,
notify andrew.parsons@
may be legally privileged and
any attachments. If you are
WBD_000526.000003
WBONO000656
WBON0000656
‘as soon as possible and delete any copies. Unauthorised use, dissemination, distribution,
publication or copying of this communication or attachments is prohibited and may be unlawful. Information
about how we use personal data is in our Privacy
Policy<https://www.womblebonddickinson.com/uk/privacy-policy> on our website.
Any files attached to this e-mail will have been checked by us with virus detection software before
transmission. Womble Bond Dickinson (UK) LLP accepts no liability for any loss or damage which may be
caused by software viruses and you should carry out your own virus checks before opening any attachment.
Content of this email which does not relate to the official business of Womble Bond Dickinson (UK) LLP, is
neither given nor endorsed by it.
This email is sent by Womble Bond Dickinson (UK) LLP which is a limited liability partnership registered
in England and Wales under number OC317661. Our registered office is 4 More London Riverside, London,
SEI 2AU, where a list of members' names is open to inspection. We use the term partner to refer to a
member of the LLP, or an employee or consultant who is of equivalent standing. Our VAT registration
number is GB123393627.
Womble Bond Dickinson (UK) LLP is a member of Womble Bond Dickinson (International) Limited, which
consists of independent and autonomous law firms providing services in the US, the UK, and elsewhere
around the world. Each Womble Bond Dickinson entity is a separate legal entity and is not responsible for
the acts or omissions of, nor can bind or obligate, another Womble Bond Dickinson entity. Womble Bond
Dickinson (International) Limited does not practice law. Please see
www.womblebonddickinson.com/legal<http://www.womblebonddickinson.com/legal>
<http://www.womblebonddickinson.com/legal> notices for further details.
Womble Bond Dickinson (UK) LLP is authorised and regulated by the Solicitors Regulation Authority.
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
WOMBLE
BOND
DICKINSON
WBD_000526.000004