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From: Andrew Parsons
To: David Cavender < GRO >, "Owain Draper ¢
, Tom Beezer
945]
Ce: Amy Prime <~
Subject: Appeal Scope [ A
Date: Tue, 16 Apr 2019 21:26:42 +0100
Importance: Normal
Attachments: _DOC_155376407(1) Common_Issues_Judgment_-_Appeal_Scope.XLSX
Inline-Images: imagef62cd9.PNG; image998224.PNG; image73aa6f.PNG
David
For the board meeting next week, Post Office have asked me / us to:
1. Develop a paper that shows:
a) The ‘common issues’
b) The judge's decision on these from the CI judgment
c) Whether we accept these outcomes (yes/no and why — which may be because we already
have contractual provisions that we believe sufficiently address the issues (and if so it would
be helpful where possible to include the relevant drafting), or because the subject matter
would properly be addressed by the ‘reasonable cooperation’ implied term)
d) What can we therefore concede — should be the same as those where we accept the outcome
inc)?
e) What will we therefore be appealing and what is the outcome we seek to achieve (this
overlaps to some extent with c))
This is quite a big task, because it requires a forensic exercise in going through the Judgment. Fortunately, our friends
at Norton Rose have produced a very helpful spreadsheet of all the issues which I have flagrantly plagiarised!
Columns A - G are NR's work so we should leave this as written. I've added columns H and I about the appeal. You'll
see that my explanation is not very legalistic but quite client friendly and commercial. The purpose of this document is
really to get the board comfortable that we are only appealing (i) important points and (ii) points that have real
commercial impact for PO.
Would you mind reviewing?
If possible, please could you quickly review and comment on issues 62 and 63, which are the main recoverability of
loss issues. If we can get these two agreed, then I can send an early draft of this to PO with a caveat that it is subject
to your further comments. Jane is on holiday on Thursday so I would like to get something to her tomorrow morning,
even if it is half-completed draft.
Owain — the attached might be a useful checklist for the skele and grounds.
WBD_001446.000001
Andrew Parsons
Partner
Womble Bond Dickinson (UK) LLP
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