WBON0001633
WBON0001633
womblebonddickinson.com
BON
DICKINSON
28 May 2019 Womble Bond Dickinson (UK) LLP
Oceana House
Second Letter 39-49 Commercial Road
Southampton
S015 1GA
Freeths LLP
100 Wellington Street
Leeds
West Yorkshire
LS1 4LT
By email only APOIAPC‘a64065.1369
Your ref:
Email: james.hartley@ _ imogen.randall@
Dear Sirs
Post Office Group Litigation
Horizon Issues Trial - Further supplemental report of Dr Worden
We refer to your letter of 24 May 2019.
Dr Worden has been waiting for some time for substantive engagement from Mr Coyne on the analysis
and conclusions contained in his third report and, as and when Mr Coyne makes his position clear, both
sides will have a clearer understanding of what use, if any, is to be made of the report. However, in the
event that there is no further agreement between the experts, our client does not intend to seek
permission to adduce Dr Worden’s third report in evidence, with all the consequences that this usually
entails. Thus, it does not intend to adduce the report in Dr Worden’s examination in chief or rely on the
report as evidence in its closing submissions.
You also ask us whether our client intends to put the report, its conclusions or the analysis on which it is
based to Mr Coyne. We confirm that our client does not intend to use Mr Coyne’s cross examination as a
means of adducing the report by the back door, for example by putting the report's conclusions to him.
However, ways of analysing the evidence by reference to samples may be explored with Mr Coyne,
which we note was the approach that Dr Worden adopted in the report. And we obviously cannot
legislate in advance for the answers which Mr Coyne gives in cross examination and the follow up
questions which may be generated by those answers.
Obviously, Dr Worden's report reflects Dr Worden's views. Should your Counsel ask him questions in
cross-examination that covers the same ground as the report, it may be that Dr Worden’s answers will
refer to the analysis or conclusions expressed in the report. To do otherwise could potentially mean him
giving an untruthful answer. That may then necessitate our client putting corresponding questions to Dr
Worden in re-examination or commenting in closing submissions on his evidence given in cross-
examination. Please can you confirm whether your client intends to refer to the report in your client's
cross-examination of Dr Worden.
Womble Bond Dickinson (UK) LLP is a limited liability partnership registered in England and Wales under number 0C317661. VAT registration
number is GB123393627. Registered office: 4 More London Riverside, London, SE1 2AU, where a list of members’ names is open to inspection. We
use the term partner to refer to a member of the LLP, or an employee or consultant who is of equivalent standing. Womble Bond Dickinson (UK) LLP
's authorised and regulated by the Solicitors Regulation Authority
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 a separate legal entity and is
not responsible for the acts or omissions of, nor can bind or obligate, another Womble Bond Dickinson entity. Wombie Bond Dickinson (International)
Limited does not practise law. Please see www.womblebonddickinson.comv/legal notices for further details.
AC_155989481_1
WBD_001503.000001
WBON0001633
WBON0001633
Yours faithfully
. Oo
\nlowble, Pond, Didsrsm (Ue).
Womble Bond Dickinson (UK) LLP
AC_155989481_1 2
WBD_001503.000002