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womblebonddickinson.com
WOMBLE
BOND
DICKINSON
31 August 2018 Womble Bond Dickinson (UK) LLP.
Oceana House
39-49 Commercial Road
Southampton
S015 1GA
James Hartley
Freeths LLP
100 Wellington Street
Leeds
West Yorkshire
LS1 4LT
Our ref:
By email only AP6/AP6/364065.1369
Your ref
Email: james.hartley,_
Dear Sirs
The Post Office Group Litigation
Inadmissible Evidence
We refer to our letters of 27 June 2018, 19 July 2018 and 20 July 2018 and your firm’s letter to us dated
19 July 2018.
We have explained repeatedly (including in the aforementioned correspondence) that much of the
evidence your clients apparently intended to adduce would be inadmissible at the Common Issues Trial.
Those concerns, as noted in that correspondence, have also been voiced by the Managing Judge. Post
Office made its position clear in its Individual Defences, identifying the allegations in the Individual
Particulars of Claim that were inadmissible and that should not have been included.
Unfortunately, the evidence served by your clients on 24 August has more than borne out those
concerns. By way of example only, extensive evidence has been served that does not relate to the
Common Issues but instead advances complaints by the Lead Claimants in relation to their training, the
operation of the Helpline, problems that they claim to have encountered with Horizon, Post Office’s
audits of their branches, investigations into shortfalls and, lastly, events surrounding their suspension
and termination. All these complaints relate to post-contractual conduct and events, and are irrelevant to
the Common Issues.
We invite your clients to reconsider their decision to serve this inadmissible evidence, and to agree,
without delay, to re-serve evidence with this material removed. If by Monday 3 September you agree in
principle to remove this material, we can seek to agree the detail of which parts of the witness
statements are affected. If not, our client reserves the right to make an application to strike out the
inadmissible evidence without any further reference to you and to seek its costs of that application on an
indemnity basis.
Yours faithfully
Werble. bord Dickinson (vx) LLP
Womble Bond Dickinson (UK) LLP
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