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From: Anthony de Garr Robinson <{.
To: 'Andrew Parsons' <
Ce: Katie Simmonds <. }
GR __..P» Owain Draper
Subject: RE: Worden 3 [WBDUK-AC.FID 123887118]
Date: Mon, 8 Apr 2019 10:15:03 +0000
Importance: Normal
Inline-Images: image001.png; image002.png; image003.png
Jonathan Gribben
Dear Andy,
I’m not surprised. I imagine that, if we serve a Worden 3, the claimants will claim that we are acting
tactically — they may even link it to our recusal application (but for that application, there would not have
been time for RW to wrestle with these questions etc).
There is no problem-free way of addressing this issue. Even if we tell him not to, RW takes the view that as
an independent expert he is obliged to tell the parties and the court that his view has changed on material
matters. I’ve asked Owain (to whom I have copied this email) whether the exercises that RW has (half) done
and the conclusions to which he thinks they lead count as changes of view requiring the parties and the court
to be told pursuant to para 2.5 of PD35. If they do, the matter is out of our hands, and the question becomes
whether the parties and the court should be told via a supplemental report or in a more subtle way, maybe via
meetings between the experts and joint statements following those meetings. But even if they don’t, RW
will discuss these things when taxed in cross examination, and the fact that he is only doing so then will
create its own problems, both for him and for us. I suspect that the “change of view” question isn't clear
either way, which makes our situation even more awkward. I doubt that RW would agree to say nothing in
that situation, even if we instructed him to, and I also doubt that we would feel safe in giving such an
instruction.
It seems to me that his ever-expanding views as to the number of Horizon bugs which were branch-affecting
do count as changes of view, but that could probably be addressed in the course of the expert meeting that
the experts have agreed to have anyway.
I share the instinct not to say anything until judgment in the recusal application, but as I think Owain pointed
out at our con with RW on Friday, if the parties and the court are to be told of RW’s changes of view, this
needs to be done sooner rather than later. Putting the point another way, the later we leave it, the easier it
will be for the claimants to portray it as tactical.
Best wishes,
Tony
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From: Andrew Parsons <_
Sent: 07 April 2019 21:16
To: Anthony de Garr Robinson <
Katie Simmonds <
GRO >
Subject: Worden 3 [WBDUK-AC.FID 123887118]
>; Jonathan Gribben
Tony
Worden 3 has gone down like a lead balloon at PO. I will work through the problem tomorrow. The one firm
instruction I have is that nothing should happen on this until after the recusal outcome on Tuesday. PO (Rodric) wants
to understand the lie of the land before making decisions.
Andrew Parsons
Partner
Womble Bond Dickinson (UK) LLP.
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