WBON0000859
WBON0000859
Confidential and legally privileged advice
Settlement Analysis
M054
Settlement sought by Applicant
Not clearly particularised but thought to be:
1 Write off of outstanding debt: £11,886.77
2 Unquantified compensation for loss of wages, business, reputation, etc.
Recommended settlement threshold
It is recommended that no settlement be offered in this case.
Suitable for mediation?
This case could be mediated but it is not recommended.
Position of applicant / case
Bankrupt? No
Criminal case? No
Live civil proceedings? No
High profile media / MP case? Yes
Employee of Post Office? No
Professional advisor? Porter Dobson (solicitors)
Basis of recommendation
The loss in this case was only £11,886.77. SS has concluded that the Applicant is at least liable for
£9,500 of the £11,886.77 total loss. This leaves around only £2,400 in dispute on which SS offer no
opinion on which party is liable for this sum.
There is nothing in the CRR that changes Post Office's position that the most likely cause of the
remaining loss was an error in the branch for which the Applicant is responsible. As such, it is
recommend that Post Office do not offer a settlement in this case.
Given this position and that the sum in dispute is very small, it would not be an efficient use of time or
resources to mediate this matter. However, it is recommended that Post Office agree to speak with the
Applicant outside of mediation so to avoid the perception that Post Office is avoiding the Applicant's
complaints.
4A_28829822_1 1
WBD_000729.000001
WBON0000859
WBON0000859
Confidential and legally privileged advice
Factors in favour of settlement Factors against settlement
Legal risk. The claim is less than 6 years
old and therefore proceedings could still be
commenced against Post Office.
Scheme objectives. It is generally
desirable to reach a settlement with
Applicants wherever possible.
Profile. This Applicant has petitioned
support from her MP.
Cost. It would be disproportionately
expensive to mediate this case given that
Post Office is highly unlikely to offer any
settlement.
Culpability. It is likely that the Applicant is
responsible for the losses in this case.
Legal risk. This case presents only a very
low legal risk to Post Office.
Route to settlement
It is recommended that Post Office writes to the Applicant inviting her to either a meeting or telephone
discussion about her case. The letter should make clear that Post Office does not consider that this case
warrants a settlement but is prepared to discuss matters so to try to explain its position to the Applicant.
Bond Dickinson contact
Name:
Tel:
Email:
Post Office Approval
Name: Date:
4A_28829822_1 2
WBD_000729.000002