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THE POST OFFICE GROUP LITIGATION
Claim No. HQ16X01238, HQ17X02637
& HQ17X04248
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
BEFORE: The Hon. Mr Justice Fraser
BETWEEN:-
ALAN BATES & OTHERS
Claimants
~and-
POST OFFICE LIMITED
Defendant
SEVENTH CMC ORDER
UPON hearing Leading and Junior Counsel for the Claimants and Leading Counsel for the
Defendant at an adjourned Case Management Conference on 12 February 2019
IT IS ORDERED that: -
List of Issues
1. _ The issues to be determined at the Further Issues Trial referred to in paragraph 1 of the
Order dated 31 January 2019 are those set out in the List of Further Issues in Part A of
the Schedule to this Order (the “Further Issues”).
2. The Lead Claimants whose claims shall be tried for the purposes of determining Further
Issue (1), as to limitation, and by reference to whose claims Further Issue (2) is to be
determined, are those identified in Part B of the Schedule to this Order.
Disclosure for Further Issues Trial - Stage 4 Disclosure
3, Any initial disclosure sought by either party in respect of Further Issue 1 (to be known
as “Stage 4 Disclosure”) shall be given as follows:
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3.1.
3.2.
3.3,
3.4.
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By 4pm on 1 March 2019, either party may make a request for Extended
Disclosure, in accordance with Model C of Practice Direction 51U CPR, of
categories of documents in respect of the Further Issues insofar as they relate to
the case of each party particularised in their generic statements of case.
By 4pm on 15 March 2019, the party from whom disclosure is sought shall
respond to any such request, identifying the extent of their agreement to comply
with it, the reason(s) in paragraph 6.4, PD51U CPR for any refusal to do so, and
any alternative proposals it considers would comply with that paragraph.
In the event the parties are unable to agree the Extended Disclosure to be given
under this paragraph, either party may request that a disclosure CMC be listed
for the grant of appropriate further orders for Stage 4 Disclosure.
By 4pm on 26 April 2019 the parties shall disclose and make available for
inspection any hard copy and electronic documents it is agreed or ordered are
to be disclosed in accordance with the requirements of this paragraph.
Limited Individual Statements of Case
4, In respect of each selected Lead Claimant, in relation to the Further Issues:
41.
4.2.
4.3,
by 4pm on 15 May 2019, the Lead Claimants shall file and serve Individual
Particulars of Claim on the Further Issues:
a. on Further Issue (1), for Mrs Stubbs and Mr Abdulla, particularising the
Defendant's alleged breaches and their case on limitation including in
relation to those breaches;
b. on Further Issue (2), for Mrs Stubbs and Mr Abdulla (above) and Mr Bates
and Mrs Stockdale, particularising the basis upon which their losses are
claimed;
by 4pm on 17 June 2019, the Defendant shall file and serve Individual Defences
thereto;
by 4pm on 8 July 2019, the Lead Claimants shall file and serve any Individual
Replies.
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4.4,
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By noon on 15 July 2019, the parties shall seek to agree the selection of breaches
to be tried at the Further Issues Trial for the purposes of determining Further
Issue (1). Any outstanding dispute as to the selection may be determined at the
CMC referred to in paragraph 7 of this Order.
Individual Disclosure for Further Issues Trial — Stage 5 Disclosure
5
6.
The parties shall give further disclosure of documents in relation to Further Issue 1 (to
be known as “Stage 5 Disclosure”), as follows: -
5.1,
5.2.
5.3,
54,
By 4pm on 8 July 2019, either party may request Extended Disclosure, in
accordance with Model C under Practice Direction 51U CPR, of categories of
documents in respect of the issues that arise on the individual statements of case
filed and served pursuant to paragraph 4 of this Order.
By 4pm on 15 July 2019, the party from whom disclosure is sought shall respond
to any such request, identifying the extent of their agreement to comply with it,
the reason(s) in paragraph 6.4, PD51U CPR for any refusal to do so and any
alternative proposals it considers would comply with that paragraph.
In the event the parties are unable to agree the Extended Disclosure to be given
in accordance with this paragraph, any outstanding dispute may be resolved at
the CMC listed under paragraph 7 of this Order.
By 4pm on 6 September 2019, the parties shall disclose and make available for
inspection any hard copy and electronic documents it is agreed or ordered are
to be disclosed in accordance with the requirements of this paragraph.
Witness statements
By 4pm on 13 September 2019, the parties shall file and serve any witness statements
upon which they intend to rely at the Further Issues Trial, in relation to Further Issue 1
only.
Case Management Conferences and Pre-trial Review
7.
A Costs and Case Management Conference shall take place on 23 July 2019, [time estimate
1 day] for the purposes of:
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10.
11.
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7.1. considering if, and to what extent, any supplemental IT expert evidence is
necessary for the cases of Mrs Stubbs and Mr Abdulla for resolution of Further
Issue (1) and:
a, determining whether to grant permission to the parties to adduce and rely
upon the same; and
b. _ if so, grant of directions with respect to such expert evidence;
7.2, resolving any outstanding disputes as to Extended Disclosure under paragraph
5 of this Order (as to Stage 5 Disclosure);
7.3. reviewing, refining and approving the issues selected for the purposes of
determining Further Issues (1) and (2) at the Further Issues Trial and/or
resolving any outstanding disputes as to the same; and
7.4. costs management in accordance with paragraphs 18 to 20 of this Order.
A further Case Management Conference shall take place on 18 September 2019 [time
estimate 2.5 hours/1 day] for the purposes of:
8.1. resolution of any outstanding dispute as to disclosure as at that date; and
8.2. any further outstanding matter relating to the Further Issues Trial.
The parties shall notify the Court by 5pm on 18 July 2019 as to whether the Costs and
Case Management Conference referred to in paragraph 7 is effective, or should be
vacated. The parties shall inform the Court 7 days before any further CMC listed
pursuant to this Order as to whether the hearing is effective, or should be vacated.
The parties shall each lodge skeleton arguments and draft order(s) by 12pm, 2 clear days
before any CMC referred to in this Order, setting out the directions to be sought by them
at that hearing.
The parties shall liaise with one another and co-operate regarding documents that it will
be necessary to put before the Court at any CMC referred to in this Order. Such
documents to be contained in a separate paginated hearing bundle, and to be lodged by
4.30pm, 2 clear days before the CMC.
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12.
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There shall be a Pre-Trial Review and further Case Management Conference listed on 17
October 2019, time estimate 1 day.
Identification of Issues for further trials
13.
14.
15.
16.
17.
To prepare for future trials after the Further Issues Trial, the parties shall take the steps
below to identify possible issues for determination at future trials (“Further Trial
Issues”) and a pool of potential Test Claimants (‘Test Claimants").
The pool of potential Test Claimants shall be selected so to reflect, as far as reasonably
practicable, the material factual circumstances and legal claims raised by the wider
group of Claimants in this Group Litigation.
The parties shall discuss and seek to agree a document setting out the features and
characteristics which the potential Test Claimants should have to comply with
paragraph 15 above ("the Selection Criteria").
By 4pm on 9 July 2019, either the agreed Selection Criteria shall be filed with the Court
or the parties shall notify the Court that they will need to be determined at the CMC
listed for 23 July 2019 ordered in paragraph 7 above.
By 4pm on 4 September, each party shall produce a list of up to 15 Claimants who they
propose could be Test Claimants in line with the agreed or ordered Selection Criteria
and a list of the Further Trial Issues that they propose be determined at future trials.
Costs and Costs Management
18.
19.
At the Costs and Case Management Conference referred to in paragraph 7 above, the
parties’ costs budgets shall be reviewed in accordance with the terms of the Consent
Order dated 27 April 2018 (the “Costs Consent Order”).
In accordance with the requirements of paragraph 11 of the Costs Consent Order:
19.1, by 4pm on 2 July 2019, the parties shall file and exchange updated costs budgets;
19.2. by 4pm on 16 July 2019, the parties shall file and exchange budget discussion
reports in respect of those updated costs budgets.
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20. The updated budgets to be filed and served shall be:
20.1. produced in the same format as costs budgets that have previously formed the
subject of Costs Management Orders in these proceedings; and
20.2. updated to include the parties’ incurred and estimated costs, as at 2 July 2019,
for the Further Issues Trial, distinguishing those costs from the costs of the
Common Issues and Horizon Issues Trials.
General Matters
21. Common costs in the case.
22. The parties shall have liberty to apply in respect of any provision of this Order.
DATED this 12" day of February 2019
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THE POST OFFICE GROUP LITIGATION
Claim No. HQ16X01238, HO17X02637 &HO17X04248
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
BEFORE: The Hon. Mr Justice Fraser
BETWEEN-:-
ALAN BATES & OTHERS
Claimants
-and-
POST OFFICE LIMITED
Defendant
SCHEDULE 1
TO THE SEVENTH CMC ORDER,
PART A: ISSUES FOR DETERMINATION
Further Issue (1): Limitation
In respect of identified alleged breaches of contract and/or alleged acts of tortious
wrongdoing (together, “alleged wrongdoing”), which the Defendant alleges to be time
barred:
(a) whether the alleged wrongdoing in fact occurred; and if so,
(b) whether the relevant period of limitation is postponed pursuant to sections
32(1)(a) (deceit), 32(1)(b) and 32(2) (concealment), and/or 32(1)(c) (mistake) of the
Limitation Act 1980, such that the claim in respect of the alleged wrongdoing is
not time barred.
1. The determination of Issue (1) will require factual evidence from the two Lead Claimants
identified in Part B, below, to be heard.
Further Issue (2): Measure of Loss
In any case where a Claimant's contract's termination may be determined to have
involved a breach of duty by Post Office, what is the correct measure of loss?
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2. Issue (2) will be determined in relation to the losses alleged by the four Lead Claimants
identified below in Part B, on agreed assumed facts,
3, The determination of Issue (2) will not require factual evidence to be heard.
PART B: LEAD CLAIMANTS
Issue (1) - Limitation
4, — The claims of the following existing Lead Claimants should be tried for the purposes of
determining Issue (1), above:
41. Pamela Stubbs; and
4.2. Naushad Abdulla.
Issue (2) - Measure of Loss
5, I The measure of loss, Issue (2), shall be determined in relation to the claims made by the
Lead Claimants above and:
5.1. Alan Bates; and
5.2. Elizabeth Stockdale.
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