WBONO001541
WBONO001541
From: Rob Smith
To: Andrew Parsons
Subject: RE: Lord Neuberger advice
Date: Tue, 9 Apr 2019 10:53:56 +0000
Importance: Normal
Inline-Images: image001.png; image002.png; image003.png
Andy,
Just so you aware DC is out of chambers next week. He will not be able to attend the board meeting on
Monday if that is what was envisaged.
Thanks
Rob
Robert Smith Direct dial:
Switchboard:
www.oeclaw.co.uk Mobile:
From: Andrew Parsons
Sent: 09 April 2019 11
To: Rob Smith =~
C f
>; Tom Beezer <q iA Amy Prime
‘ger advice
Both fine with me but they're really questions for David.
David?
Andrew Parsons
Partner
WBD_001411.000001
WBONO001541
WBON0001541
Womble Bond Dickinson (UK) LLP
Manage your e-alert preferences
WOMBLE womblebonddickinson.com
BOND
DICKINSON &) (in)
From: Rob Smith <=
Sent: 09 April 2019 10:45
To: Andrew Parsons
Ce: David Cavender
>
GRO f
Tom Beezer <
>; Amy Prime
Andy,
I have spoken to LN. He is happy with this approach but will still involve consideration of a long judgment
(over 1120 paragraphs plus appendices). A stage 1 view by 15'" April would be tight but should just about be
manageable, if he can discuss with David on Monday morning and he can see the proposed grounds of
appeal tomorrow morning.
Does that work?
Thanks
Robert Smith Direct dial:
Switchboard:
www.oeclaw.co.uk Mobile:
To: Rob Smith
Ce: David Caveni ler By Tom Beezer <
Amy Prime
WBD_001411.000002
WBONO001541
WBONO001541
Subject: Lord Neuberger advice
Rob
I've spoken to PO and we would like Lord Neuberger to help us in two stages. Please do feel free to pass this email
on to Lord Neuberger if that is the easiest thing to do.
Stage 1 is a review of the Grounds of Appeal (that David is kindly preparing) alongside the Judgment with a view to
addressing two questions:
Is the scope of the appeal appropriate?
Would a Judge in the Court of Appeal on a first reading of the Grounds of Appeal consider the appeal to be a fair and
reasonable course of action?
There are a large number of points that could be appealed in the Judgment. David has gone through these in detail
and identified those that he believes are appropriate to be appealed. This task has been subject to two competing
pressures. There are numerous points in the Judgment that we believe to be wrong. The overlap and interplay
between these points means that we believe there are no discrete cornerstone points that could be targeted so any
appeal is inevitably going to be extensive. However, Post Office wishes to avoid appealing points that might give the
impression that it is trying to litigate every issue and win this litigation through attrition. It is most concerned at the
moment with the negative comments from Mr Justice Fraser that it has behaved reprehensively, both in conducting its
business historically and in the conduct of this litigation. It wishes to avoid a repeat of such criticism in the Court of
Appeal. There is therefore a balance to be struck in scoping the Grounds of Appeal and Post Office is prepared to
drop what might be good legal points if they convey the wrong impression.
For Stage 1, I should be grateful if Lord Neuberger would:
Review the Judgment and draft Grounds of Appeal.
Discuss the above questions as needed with David Cavender.
Attend a Post Office board meeting to advise on the above points.
The above work does not require Lord Neuberger to offer a view on the merits of the appeal (see Stage 2 below).
I expect the Post Office board meeting to be held at 5pm on Monday 15!" April. Will that give Lord Neuberger
sufficient time?
Stage 2 will likely be an in-depth review of the appeal grounds and arguments with a view to providing an opinion on
the merits. This will take place later and over a longer timeframe. I will provide further instructions on this in due
course.
WBD_001411.000003
WBONO001541
WBON0001541
Kind regards
Andy
Andrew Parsons
Partner
Womble Bond Dickinson (UK) LLP.
GRO
a:
m: I
tol
e:
Manage your e-alert preferences
WOMBLE womblebonddickinson.com
BOND
DICKINSON OIG)
Please consider the environment! Do you need to print this email?
The information in this e-mail and any attachments is r nly is authorised to access this
mail and any attachments, If you are not ssmith(@ please notify andrew.parsons( i Soon as possible and delete any copies. Unauthorised use,
dissemination, distribution, publication or copying Fihis commitiunication or attachments is prohibited and Tay be unlawful. Information about how we use personal data is in
our Privacy Policy on our website.
Any files attached to this e-mail will have been checked by us with virus detection software before transmission, Womble Bond Dickinson (UK) LLP accepts no liability for
any loss or damage which may be caused by software viruses and you should carry out your own virus checks before opening any attachment.
Content of this email which does not relate to the official business of Womble Bond Dickinson (UK) LLP, is neither given nor endorsed by it.
This email is sent by Womble Bond Dickinson (UK) LLP which is a limited liability partnership r
office is 4 More London Riverside, London, SEI 2AU, where a list of members’ names is open to
employee or consultant who is of equivalent standing. Our VAT registration number is GB12339362
Womble Bond Dickinson (UK) LLP is a member of Womble Bond Dickinson (International) Limited, which consists of independent and autonomous law firms providing
services in the US, the UK, and elsewhere around the world. Each Womble Bond Dickinson entity is, entity and is not responsible for the acts or omissions of,
nor can bind or obligate, another Womble Bond Dickinson entity. Womble Bond Dickinson (International) Limited does not practice law. Please see
www.womblebonddickinson.convlegal notices for further details,
Womble Bond Dickinson (UK) LLP is authorise
and regulated by the Solicitors Regulation Authority.
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
This email has been scanned by the Symantec Email Security.cloud service.
WBD_001411.000004
WBONO001541
WBON0001541
For more information please visit http://www.symanteccloud.com
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
WBD_001411.000005