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From: "Parsons, Andrew" <
To: Rodric Williams <"
Ce:
“T "Lukas, Elisa"
Subject: Generic Defence [BD-4A.FID26896945]
Date: Tue, 23 May 2017 08:16:04 +0000
Importance: Normal
Attachments: Bates_v_Post_Office.Outline_Defence.19May2017.docx
Inline-Images: image301cef.JPG; image07c697.PNG; imagef0d08e.PNG; imaged6cb45.PNG
Rod
Apologies for not being around for the last few days.
Please find attached a first cut of a Generic Defence.
In this first draft, Tony and Owain have attempted to produce a proper Defence that addresses all the allegations. Our
current view however is that this creates a very long document and leaves us open to hostages of fortune (eg. denying
very vague allegations that then may turn out to be true in certain cases). Tony is also very concerned about
inadvertently accepting the burden of proof on many points. He therefore favours simply "not admitting" some points
rather than outright denying them (as a denial would then require us to assert evidence supporting out denial).
The expectation is that the final form defence will likely be shorter and will change shape slightly. However, we can
now say, hand on heart, to the judge, that a fully pleaded Defence is simply not possible in light of the poor quality of
the GPOC.
Also, as expected, the draft Defence has flushed out a number of points on which further information is needed.
Having spoken with Tony, our proposed plan is:
I'm going to see him today to scope out what further information he needs
We're then going to setup a meeting with the key people at POL (eg. Kath, Shirley, etc) so that Tony can speak to
them directly.
BD will then chase down any missing info.
We might need your help freeing up diaries at the POL end.
No need for you to review the Defence at this stage and its not for circulation within POL (Tony made me promise
this!). It's just an outline draft, but I wanted you to just get a sense of the direction of travel.
Kind regards
WBD_000953.000001
Andy
Andrew Parsons
Partner
Bond Dickinson LLP
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