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From: Jane MacLeod }
To: Rodric Williams
Mark Underwood]
Ce: Ben Foat Patrick Bourke
4
Subject: itigation and Appointment - next steps - STRICTLY CONFIDENTIAL
Date: Fri, 20 Apr 2018 11:51:48 +0000
Importance: High
Attachments: Draft_UKGI_Group_Lit_Protocol_(POL_19.04.18).docx
Inline-Images: image001.png; image003.png; image005.png
Andy
Your email was prescient — see below/attached (they sent through their version last night), and I wasn’t
aware of a Perm Sec briefing next week as driving the timetable ....
Jane
e Jane MacLeod
Group Director of Legal, Risk & Governance
Ground Floor.
20 Finsbury Street
LONDON
EC2Y 9AQ
Mobile number
From: Lambert, Helen - UKGI EE "GRO i
Sent: 20 April 2018 12:08 _—
To: Rodric Williams <7 = GRO 1 Jane. MacLeod <, GRO
Ce: O'Neill, Elizabeth - UKGI < >; Callard, Richard - UKGI
GRO
Clarke, Stephen -
Subject: RE: Litigation and Appointment - next steps - STRICTLY CONFIDENTIAL
Importance: High
Rodric, Jane
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Having spoken with policy leads at UKGI this morning, there is a strong desire to get this protocol agreed in
advance of meeting with the permanent secretary next week.
Could you please let me know as a matter of urgency if you will not be able to provide your thoughts on the
policy by COP on Monday.
Many thanks
Helen
Helen Lambert I Legal Secondee
UK Government Investments
1 Victoria Street I London I SW1H OET
From: Lambert, Helen - UKGI
Sent: 19 April 2018 17:07
$: Callard, Richard - UKG
tigation and Appointment - next steps - STRICTLY CONFIDENTIAL
Subject? FW: Li
Rodric, Jane
Thank you for your draft protocol, a revised draft is attached.
As you indicate below, the case is being proactively managed by the Sir Peter Fraser and as such the
timetable is liable to change dramatically. Because of this, we were somewhat uncomfortable with the fact
that there would be over two months between dates on which BEIS/UKGI would receive a formal update. To
alleviate this, we have suggested a provision that allows BEIS/UKGI to be informed of any material change
in the timetable.
We have also clarified somewhat the information which can be disclosed to BEIS/UKGI by Tom Cooper, to
ensure that his role on the Board and Sub-committee can be properly utilised, as well as suggesting measures
to allow for more expedient sharing of privileged information. We would consider that assessing this
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information on a case-by-case basis would be disproportionate in the context of the relationship between
BEIS, UKGI and POL.
Finally we have requested that legal counsel is provided with written updates to ensure that BEIS/UKGI is
able to keep a strong and accurate audit trail in respect of its oversight of the litigation.
We trust that the wording in this protocol assists with your concerns in respect of disclosure of legally
privileged information more widely.
We would be happy to discuss these points with you in person or over the phone.
Separately, we have noted that Tom Cooper has been appointed to the board. We assume that you are
therefore content with the proposed appointment attached (which I sent to you on 23 March 2018). Is it
possible to arrange for this appointment letter to be issued?
Kind regards
Helen
Helen Lambert I Legal Secondee
UK Government Investments
1 Victoria Street I London I SW1H OET
From: Rodric Williams }____G!
Sent: 27 March 2018 18:44
To: O'Neill, Eli KG
i Lambert, Helen -
nt - next steps - STRICTLY CONFIDENTIAL
Elizabeth,
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Thank you for sending through your draft protocol identifying the touchpoints in the Post Office Group
Litigation on which you would like visibility.
Your touchpoints overlap substantially the matters on which we will be reporting to our Board of Directors
as part of our governance for managing the litigation and its risks. That governance includes the
establishment of a Board Subcommittee to receive legal advice on Post Office’s defence as the litigation
proceeds. Tom Cooper, BEIS/UKGI’s shareholder representative on the Board, is a member of the Litigation
Subcommittee, which will meet shortly before full Board meetings so as to provide the full Board with
contemporaneous, focussed updates.
In addition to the updates BEIS/UKGI will receive through its Board and Litigation Subcommittee
representation, we are also happy to provide updates on the litigation to BEIS/UKGI’s legal advisors. These
should be done in-person or via telephone conference call, immediately following the full Board meetings to
ensure continuity and consistency of reporting.
The above approach is reflected in the attached revised protocol, which is designed to protect Post Office’s
claims to legal professional privilege and attaches as appendices:
- areporting timetable prepared around key stages in the litigation and our Board’s calendar; and
- the obligations which will accompany the disclosure of confidential information.
Please note that the litigation timetable is very likely to change in response to the proactive case management
being applied by the Managing Judge Sir Peter Fraser. It is also likely to change as the parties respond to
developments in the litigation itself. We do not however propose to make any changes to scheduled update
meetings unless they require Post Office to consider materially changing its approach to the litigation.
We look forward to receiving your comments on our draft. I am very happy to discuss those in person or
over the telephone if you would find that easiest.
With kind regards, Rodric
. Rodric Williams
Head of Legal - Dispute Resolution & Brand
20 Finsbury Street
Londan.£C2Y.9AQ.
2017 Winner of the Global T
Postal Award for Customer
cage " GRO
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From: O'Neill, Elizabeth - UKGI
Sent: 01 March 2018 15:
s
bbe ! Rodrie Williams
Pp: Callard, Richard - UKGI <.
>; Lambert, Helen - UKG
Patrick, Helen,
Thank you for your time last week.
As discussed, I attach a standard form litigation protocol along the lines of what we would propose to submit
to the Permanent Secretary. As you will see, this sets out various touchpoints in the litigation process, and
the steps we intend to take to ensure the Permanent Secretary remains fully informed at each salient point.
If you are able to provide more detail on the litigation timetable, or indeed if you have any comments or
suggestions, we would be happy to amend the protocol bespoke to the current litigation.
Separately I’d be grateful, as I indicated in my email to Helen on Monday, if in anticipation of Tom Cooper’s
appointment, you could let me know if you intend to agree an NDA similar to the one you have with
Richard, and if so, forward me the proposed text so that Tom and I may consider.
Kind regards,
Elizabeth
From: Patrick Bourke:
Sent: 23 February 2018 15:10
To: O'Neill, Elizabeth - UKGI
Ce: Jane MacLeod <j~
“Subject: Litigation Meeting
Dear Elizabeth
It was a pleasure to meet with you this morning.
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I just wanted to confirm that we have understood the need for an appropriately structured information flow in
relation to the matters we discussed earlier, and agree that some form of protocol to govern those
arrangements makes very good sense.
While recognising that there is no set format in this regard, it would nonetheless be helpful for us to draw
inspiration from similar arrangements you have put in place with other ALBs. You kindly offered to share
something with us for that purpose.
We will come back to you with our take on how this might work best in our case, having regard to the
particularities of our governance arrangements and the litigation itself.
In the meantime, do please feel free to get in touch if there is anything you'd like to discuss.
Kind regards
Patrick
° Patrick Bourke
Corporate Affairs Director
1t Floor
20 Finsbury Street
2017 Winner of the London EC2Y 94Q
Global Postal Award for
Customer Experience
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