WBON0001674
WBON0001674
Claim No. HQ16X01238
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
THE POST OFFICE GROUP LITIGATION
BEFORE SENIOR MASTER FONTAINE
BETWEEN:
ALAN BATES & OTHERS
Claimants
>and -
POST OFFICE LIMITED
Defendant
GROUP LITIGATION ORDER
UPON the Application of the Claimants dated 26 July 2016.
AND UPON HEARING Leading Counsel for the Claimants and Leading Counsel
for the Defendant
AND on reading the written evidence filed by the Claimants and the Defendant
AND the PRESIDENT OF THE QUEENS BENCH DIVISION having consented
to an Order being made in the following terms.
IT IS ORDERED THAT:-
Scope of the Group Litigation Order
1. This Group Litigation Order (“GLO”) applies to all claims (hereinafter “the
Claims”) made against Post Office Limited by:
a. Claimants who claim to have suffered losses as a result of Post Office
Limited having:
(1) Inappropriately attributed to them and/or inappropriately
recovered alleged shortfalls in branch accounts from them;
WBD_001544.000001
WBON0001674
WBON0001674
(2) I suspended them, terminated or induced their resignation
from their appointments or engagements, for a reason
related to inappropriately alleged shortfalls in their branch
accounts;
(3) pursued civil or bankruptcy proceedings, criminal
prosecutions and/or restraint applications against them for a
reason related to inappropriately alleged shortfalls; and/or
(4) sought to do any of the foregoing for a reason related to
inappropriately alleged shortfalls in their branch’s accounts;
and
b. a Claimant whose claim gives rise to one or more of the GLO Issues in
Schedule 1.
These Claims shall constitute and shall be known as “The Post Office
Group Litigation” and are to be conducted in accordance with the terms of
this GLO and any subsequent orders. The parties to these claims are
bound by the orders of the court made in relation to The Post Office Group
Litigation.
2. The GLO Issues for the purposes of CPR 19.11(2)(b) are set out in
Schedule 1 hereto.
3. A Group Register, on which details of the claims that are subject to this and
subsequent orders in The Post Office Group Litigation are to be entered,
shall be set up and managed in accordance with this GLO.
Definitions
4. “The Claimants” are those individuals whose details are included on the
Group Register in the manner and under the terms set out in paragraph 16
below. Pending the establishment of the Group Register, the Claimants are
those listed at Schedule 2 hereto.
5. “The Lead Solicitors” are Freeths LLP, who are responsible for the
management and co-ordination of the Claimants’ claims and the Group
Register, and shall have conduct of all investigations, applications and
WBD_001544.000002
WBON0001674
WBON0001674
proceedings in respect of the GLO issues and preparation for trial of any
Lead Cases relating to any of the GLO issues subsequently ordered by the
court.
6. “The Defendant” is Post Office Limited.
7. “The GLO Issues” are the common or related issues of fact or law which
are identified in Schedule 1 hereto, as may be amended from time to time
by order of the Court.
8. “Lead Case” means a case which, if it should be selected as a Lead Case,
is fully pleaded and, whether alone or together with other such cases, is
intended to dispose, so far as possible, of issues (primarily but not limited
to the GLO issues) between the parties to this litigation.
9. “The Management Court’ is the Queen's Bench Division of the High Court
of Justice, Royal Courts of Justice, Strand, London WC2A 2LL.
10. “The Managing Judge” is the Judge nominated from time to time by the
President of the Queen’s Bench Division to hear, if possible, all pre-trial
applications in this litigation and to conduct the trial.
11. “The Managing Master” is the Master of the Queen’s Bench Division
nominated from time to time by the Senior Master to hear those pre-trial
applications in this litigation that are not suitable to be dealt with by the
Managing Judge and are released thereto by the Managing Judge.
Future Claims
12. All future claims to which this Order applies by virtue of paragraph 1 must
be issued out of the Management Court and entered on the Group Register,
provided that the Standard Minimum Requirements (as set out at paragraph
25 below) are met. All such future claims should be commenced by issuing
new Claim Forms (whether individual or in batches).
Documentation
13. All documents (including claim forms, case statements, applications and
witness statements) filed with the Management Court in respect of a claim
WBD_001544.000003
WBON0001674
WBON0001674
which is the subject of this Order shall be marked with the short title of the
claim and shall be marked in the top left hand corner “The Post Office Group
Litigation”.
Transfer of Existing Proceedings
14. Any existing claim to which this Order applies by virtue of paragraph 1
above, and which is proceeding other than in the Management Court, is to
be:
a. transferred forthwith to the Management Court. Solicitors for the parties
are to co-operate in identifying such claims, including in accordance with
paragraph 15 below. On identification of such claims the Lead Solicitors
are to send a copy of this Order to each transferring county court. In
these premises, Notices of Transfer in accordance with paragraph 4.1 of
Practice Direction 30 are hereby dispensed with; and
b. entered forthwith on to the Group Register in accordance with the terms
of this Order and CPR 19.11(3)(a)(i) and (iii), provided that each such
claim or part of a claim meets the Standard Minimum Requirements as
set out in paragraph 25 below.
15. If the Defendant is served with or is notified of a claim or counterclaim
(whether by service of a Claim Form or a Letter of Claim) falling within
paragraph 1 of this Order other than by the Lead Solicitors, then the
Defendant shall ensure that the Lead Solicitors are informed of the name
of the Claimant, the Claimant's solicitors (if any) and all available contact
details of the Claimant and/or the Claimant's solicitors (if any), within 14
days of such service or notification.
The Group Register
16. A Group Register shall be established by the Lead Solicitors no later than
by 4pm on 23 February 2017. It is a condition of being entered on the
Group Register that each Claimant has complied with the Standard
Minimum Requirements set out at paragraph 25 below. The following
details shall be recorded in respect of each Claimant who is added to the
Group Register:
WBD_001544.000004
17.
18.
19.
20.
21.
WBON0001674
WBON0001674
a. the Claimant's full name and address;
b. the name and address of the branch(es) in which the Claimant worked
and to which the Claimant's claim relates;
c. the period during which the Claimant worked in such branch(es);
d. the name and contact details of the Claimant's solicitor;
e. the date of service of the Claim Form or counterclaim;
f. the claim number; and
g. the date of entry onto the Group Register.
The Lead Solicitors shall serve an electronic copy of the Group Register in
Word or Excel or other agreed format on the Defendant within 7 days of its
establishment in accordance with paragraph 16 above.
The Lead Solicitors shall review and update the Group Register every
month and serve an electronic copy of the updated Group Register on the
Defendant within 14 days of such update.
The Defendant may give written Notice of Objection to the Lead Solicitors
in respect of any individual whose claim has been entered on the Group
Register, or as to the accuracy of any other information entered thereon,
within 28 days of the service of that individual’s Schedule of Information,
stating the nature of the objection and the ground(s) for it. In the absence
of written confirmation within 21 days that the objection has been accepted
by the Lead Solicitors, the Defendant shall apply forthwith to the
Management Court for determination of the issue.
Such a Notice of Objection shall not affect the individual Claimant's
entitlement to remain on the Group Register unless and until the Court
directs otherwise.
The parties (including the Defendant acting on its own) shall be permitted
to apply to the Management Court to remove a claim from the Group
Register where there are appropriate grounds for doing so.
WBD_001544.000005
WBON0001674
WBON0001674
22. A Claimant's claim shall remain on the Group Register until such time as
he or she serves notice of discontinuance or withdrawal or, if required,
obtains permission to discontinue, or if the claim is otherwise disposed of
prior to trial. In any such event, the Claimant's claim shall be removed from
the Group Register on the expiration of the last day of the period of account
during which notice of discontinuance or withdrawal or permission to
discontinue is given or the effective date of disposal occurred. For these
purposes, the period of account shall be each period of 2 months
commencing with the date on which the Group Register is established.
23. For the purposes of CPR 38.2(2)(c), consent to discontinuance by any
Claimant on behalf of the other Claimants may be given by the Lead
Solicitors.
24. The Lead Solicitors shall, as part of the Group Register, maintain a list
called the “Discontinued Claims Register” detailing:
a. the name of any party discontinuing or withdrawing; and
b. the date of the filing of the notice of discontinuance, withdrawal, or other
form of disposal.
Standard Minimum Requirements
25. The Standard Minimum Requirements for entry of a claim onto the Group
Register in accordance with paragraph 16 above are as follows:
a. aClaim Form (in respect of which the issue fee has been paid) has been
issued, on which the individual Claimant is named;
b. the Claim Form must be or have already been served with (if
appropriate) a Notice of Funding, Form N251. The requirement to serve
Particulars of Claim in any separate document is hereby dispensed with,
subject to further order; and
c. the Claimant’s claim must fall within the scope of this GLO as set out at
paragraph 1 above.
WBD_001544.000006
WBON0001674
WBON0001674
Schedules of Information
26. All of the Claimants who, as of the date of this Order, have issued
proceedings to which this GLO applies by virtue of paragraph 1 above, shall
serve on the Defendant as soon as reasonably possible and in any event
by no later than 4pm on 20 June 2017, a completed Schedule of Information
in the form set out in Schedule 3 hereto, such information to be provided to
the best of each Claimant's knowledge and belief and be verified by a
statement of truth signed by or on behalf of each Claimant.
27. Any Claimant who subsequently issues a claim to which this GLO applies
by virtue of paragraph 1 above shall serve on the Defendant as soon as
reasonably possible thereafter and in any event no later than 42 days after
service of the claim form a completed Schedule of Information (as under
paragraph 26), without prejudice to the Claimant seeking, and the
Defendant agreeing (such consent not to be unreasonably refused) any
extension of time pursuant to paragraph 38 below.
28. Upon service of the documents set out in paragraphs 26 or 27 above, each
claim to which this GLO applies shall be stayed until further order.
Statements of Case
29. The Claimants shall serve a letter setting out and explaining the claims of
Crown Office employees and branch Assistants/Managers by 4pm on 28
February 2017.
30. The Claimants shall file and serve Generic Particulars of Claim by 4pm on
23 March 2017.
31. The Defendant shall file and serve a Generic Defence by 4pm on 18 July
2017.
32. The Claimants shall file and serve a Reply to the Generic Defence if so
advised by 4pm on 20 September 2017.
WBD_001544.000007
WBON0001674
WBON0001674
Costs Sharing
33. Save as otherwise may be ordered or agreed between the parties, the
liabilities for costs in connection with any claim recorded on the Group
Register shall be determined in accordance with CPR 46.6.
34. No further work in relation to the GLO Issues shall be undertaken by any
legal representative other than the Lead Solicitors, their servants or agents
unless authorised by the Lead Solicitors; and no liability for common costs
in relation to such work, in the absence of such authorisation shall arise
between the Claimants or between the parties. For the avoidance of doubt,
this Order does not prejudice the Defendant’s right to seek recovery from any
further potential claimant who is advancing any claim or potential claim through a
law firm other than the Lead Solicitors its reasonable costs of or in relation to (1)
initially informing them that a GLO has been made and sending them a copy and
(2) should they thereafter persist in further correspondence, responding to the same
and taking any necessary steps as a result.
35. 14 days before the CMC referred to in paragraph 40 below, the parties shall:
a. serve and file a statement which sets out the costs incurred to date and
the projected estimate of costs to the conclusion of the CMC;
b. inform the other parties in writing if they wish there to be further
directions in relation to costs and shall have liberty to seek further
directions on costs (and if necessary to amend this Order) at that CMC.
Publicity
36. The making of this GLO, and an invitation to prospective Claimants to
consider joining The Post Office Group Litigation, shall be advertised by the
Lead Solicitors in the form set out at Schedule 4 to this Order. The Lead
Solicitors shall place appropriate notices on their own website or micro site,
in the Law Society Gazette, on social media to include but not limited to
Twitter, LinkedIn and Facebook, and national and regional newspapers as
agreed between the parties or otherwise determined by the Court, the costs
of which shall be reserved.
WBD_001544.000008
WBON0001674
WBON0001674
Cut-off Date
37. In order to be entitled to enter on to the Group Register, a Claimant whose
claim falls within the scope of this GLO must have issued and served a
Claim Form by 4pm on 26 July 2017. The final date on which such claims
must be entered on to the Group Register will be 4pm on 6 September
2017, although the cut-off date shall be subject to review at the first Case
Management Conference (see paragraph 40 below).
Extensions of Time
38. The parties may, by prior agreement in writing, extend the time for
directions, in any Order relating to The Post Office Group Litigation, by up
to 28 days and without the need to apply to Court. Beyond that 28 day
period, any agreed extension of time must be submitted to the Court by
email including a brief explanation of the reasons, confirmation that it will
not prejudice any hearing date and with a draft Consent Order in word
format. The Court will then consider whether a formal Application and
Hearing is necessary.
Further Case Management
39. Accopy of this order shall be lodged with:
a. the Senior Master of the Queen’s Bench Division in Room E115 at the
Royal Courts of Justice, Strand, London, WC2A 2LL; and
b. the Law Society at 113 Chancery Lane, London, WC2A 1PL.
40. There be a Case Management Conference before the Managing
[Judge/Master] on the first open date after 18 October 2017, with a time
estimate of 1 day, for which purpose the parties are to apply jointly to
Queen’s Bench Listing.
Costs of this Application
41. Costs of this application be costs in the case.
Permission to Restore
42. The parties have permission to restore.
WBD_001544.000009
WBON0001674
WBON0001674
IN THE HIGH COURT OF JUSTICE Claim No. HQ16X01238
QUEEN’S BENCH DIVISION
THE POST OFFICE GROUP LITIGATION
BEFORE SENIOR MASTER FONTAINE
BETWEEN:
ALAN BATES & OTHERS
Claimants
-and -
POST OFFICE LIMITED
Defendant
SCHEDULE 1
LIST OF GLO ISSUES — CPR 19.11(2)(b)
Introduction
1. The GLO identifies claims which fall within the scope of the GLO by paragraph
1.
2. The matters set out below are intended to identify the high level GLO issues to
assist in the management of the GLO, and not as a substitute for particularised
pleadings.
3. These GLO issues will be likely to require revision and review as the matter
progresses, including when pleadings are finalised.
4. No party makes or is deemed to make any admission by reason of the matters
set out below.
10
WBD_001544.000010
WBON0001674
WBON0001674
GLO Issues
In this schedule:
(2)
"Horizon" means the IT system known as Horizon operated by the Defendant
and made available in Post Office's branches for the purpose of conducting Post
Office’s business.
"Postmaster Contract" means the Subpostmasters Contract 1994 edition (as
amended) between Post Office and a Subpostmaster, or other similar
contract between Post Office and Subpostmaster.
On a proper construction of the Postmaster Contract (including both express
and implied terms), what was the true agreement between Claimants and the
Defendant in relation to:
the provision of Horizon;
the operation of Horizon;
the provision of training in relation to Horizon;
the provision of support in relation to Horizon;
effecting, recording and accounting for transactions;
liability for Claimants to pay alleged shortfalls of cash or stock;
identifying and investigating alleged shortfalls of cash or stock;
seeking recovery of alleged shortfalls of cash or stock;
termination;
limitation of liability for termination; and
good faith, fair dealing, transparency, co-operation and trust and
confidence.
Did the Defendant owe a fiduciary duty to Claimants in relation to the effecting
of, recording and accounting for transactions, and if so what was its scope and
effect?
11
WBD_001544.000011
WBON0001674
WBON0001674
(3) Did the Defendant owe duties in tort to Claimants in relation to the matters set
out at 1(a) — (i) above, and if so what was their scope and effect?
(4) In relation to Claimants signing off accounts which were not correct and/or
offering resignations from their positions:
(a) did the Claimants do so under duress and, if so, what is the effect (if
any) of such duress on the legal significance of the accounts and/or
resignations;
(b) did the Defendant deal unconscionably with the Claimants and, if so,
what is the effect (if any) of such dealing in the legal significance of the
accounts and/or resignations?
(5) The effect of Horizon.
(6) Did the Defendant conceal or misrepresent the true position in relation to the
extent of any problems with Horizon?
(7) What training did the Defendant provide or make available to postmasters from
time to time in relation to Horizon?
(8) In relation to support:
(a) What support did the Defendant provide or make available to
postmasters from time to time in relation to Horizon?
(b) I What instructions were given by or on behalf of the Defendant to
relevant staff providing such support in relation to problems with or
potential errors in, or generated by, Horizon?
(9) In relation to the investigations:
(a) What investigations (if any) did the Defendant conduct when an alleged
shortfall of cash or stock was shown in a branch’s accounts?
(b) I What instructions were given by or on behalf of the Defendant to
investigators in relation to potential errors in or generated by Horizon?
(10
Did the Defendant harass any of the Claimants (within the meaning of section
3 of the Protection from Harassment Act 1997).
12
WBD_001544.000012
WBON0001674
WBON0001674
As a matter of law, can the Defendant be liable for damages for stigma, loss of
reputation and distress as a result of breaching its contractual duties identified at
paragraph (1)?
13
WBD_001544.000013
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
THE POST OFFICE GROUP LITIGATION
BEFORE SENIOR MASTER FONTAINE
WBON0001674
WBON0001674
Claim No. HQ16X01238
BETWEEN:
ALAN BATES & OTHERS
Claimants
- and —
POST OFFICE LIMITED
Defendant
SCHEDULE 2
CLAIMANTS’ DETAILS
No. Title I FirstName __I Initial I Surname .....Address
1 Mr Haji HN Abbas Choudry
2 Ms _ I Lesley L ‘Abbot I
3 Mr Naushad N Abdulla 7
4. IMrs I OyetiuOmotara IOO I Adedayo i
5. Mrs Tabasam T Ahmed r
6 Mr Mohammed MZ I Amir 7
Zubair Hl
7. Miss _ I Dionne D Andre i
8 Ms Nichola N Arch
14
WBD_001544.000014
WBONO001674
WBON0001674
9. Mrs Isabella ! Armstrong-Wall
10. I Mr Kamran K Ashraf
11. I Ms Shazia Ss Azam
12. I Mr Lawrence LG Bailey
13. I Ms Carol c Bains
14. I Mr Virendra Kumar I VK Bajaj
15. I Mrs Cynthia [eo Balakumar G RO I
16. I Ms Tracy T Banks
17. I Mrs Jasvinder J Barang
18. I Ms Margaret M Bateman
19. I Mr Alan A Bates
(named on Claim
Form)
20. I Mr Arun A Bhanote
21. I Mr Revti Raman RR Bhanote
22. Ms Neha N Bhardwaj
15
WBD_001544.000015
WBONO001674
WBON0001674
23. I Ms Ram Pratap RP Bhardwaj
24. I Mr Harpeet Singh I HS Bhondi ry
25. Mr Rajinder RS Bilkhu 4
26. Ms Amanda Julie AJ Bissett ial
27. I Mrs Margaret MW _ I Boston r]
28. IMr I Evon E Botoros I
GRO
29. IMs I Janet I Bradbury 4
30. I Mr Timothy T Brentnall I
31. I Ms Sharon SP Brown I
32. I Mr Thomas TG Brown I
33. I Mr Gary G Brown rl
34. [Mrs — I Wendy w Buffrey I
35. I Mr Nathan Vincent I NV Bulch rI
16
WBD_001544.000016
WBONO001674
WBON0001674
36. Mr Timothy T Burgess
37. I Ms Sarah ) Burgess-Boyde I
38. I Mr Alan A Campbell I
39. I Mr David D Carney I
40. I Ms Julie JL Carter : I
41. I Mr Conrad c Chau I
42. I Mr Ghazala G Chishty G R O I
43. I Mr Bashir B Choglay : I
44, Ms dillia Marian JM Climo r I
45. I Ms Deirdre D Connolly r I
46. I Mr Adrian A Corner I
47. I Ms Wendy w Cousins I
48. I Mr Philip P Cowan i I
49. I Ms Pauline P Coyle r I
17
WBD_001544.000017
WBONO001674
WBON0001674
50. [Ms I Zoe Zz Dan I
51. I Mr Scott Ss Darlington i I
52. I Mr Phillip [2 Dauncey I
53. I Mr John J Dickson I
54. Mr Sukhwant s Dosanjh I
55. I Ms Marion M Drydale r I
56. Mr Sathiaseelan s Easwarakumar G R O I
57. I Mr Thomas TE English rI
58. I Mrs Nirmala N Fatania I
59. I Mr Stanley s Fell I
60. I Ms Joanne J Foulger I
61. I Mr Richard Fairfax IRF I Gates r]
62. I Mr Harkamel HS Ghag I
18
WBD_001544.000018
WBONO001674
WBON0001674
GRO-
63. Mr David John DJ Gilbert
64. Ms Paula P Gorman
65. I Ms Donna Lynn DL Gosney
66. Mr Samsudin s Govani
67. Ms Sally s Graham
68. I Ms Alison A Hall
69. Ms Josephine J Hamilton
70. Mr Muhammad M Haneef
71, Mrs Susan Ss Hazzleton
72. Mr David OT Hedges
73. I Ms Allison A Henderson
74, Mr Peter P Holloway
75. Mrs Marion M Holmes (the
personal
representative of
Peter Holmes
(deceased))
19
WBD_001544.000019
WBONO001674
WBON0001674
GRO.
76. I Mr Frank F Holt
77. Mrs Gillian GM Howard
78. I Mr Graham G Howard
79. I Mrs Elaine E Hughes
80. I Mrs Lynette Jane LJ Hutchings
81. I Mrs Elaine E Midge
82. I Ms Colleen ¢c Ingham
83. Mrs Veronica VD Irvine
Dorothy
84. I Ms Karen K James
85. I Ms
86. I Ms Sarah s Javed
87. Mr Cledwyn Pierce I CP Jones
20
WBD_001544.000020
WBONO001674
WBON0001674
88. I Mr Keith K Jones
89. Mr Michael Ernest I ME Jones
90. I Mr Harish H Joshi
91. I Mrs Karen K Judd
92. Mr Parmod Kumar I PK Kalia
93. Mrs Siema s Kamran
94. I Mr Anish A Kavi G RO
95. I Mr Mohammed M Khalil
96. Mr Antony Afzal AA Khan
97. I Mr Amir AH Khan
98. Mrs Mamonah M Khan
99. I Mr Darren D King
100. I Ms Lorraine LS Kirkman
101. I Mr Usman uD Kiyani
21
WBD_001544.000021
WBONO001674
WBON0001674
102. I Ms Susan Ss Knight
103. I Mr Kamaljit K Kooner r I
104. I Mr Hitesh H Korat ‘I
105. I Mr Kamaleswaran I K Kunabalasingam I
106. I Mr Seifudin SN Kutianawala r I
Nazarali
107. I Mr Adrees A Latif I
108. I Ms Denise D Latreille r I
109. I Mr Mario M Cummi r
110. I Mr Dermot D Lynch : I
111. I Ms Susan Elizabeth I SE Mansfield : I
112. I Ms Wendy w Martin I
113. I Mr Gary G Massey I
114. I Mr Francis Joseph I F J Maye I
115. I Ms Katherine K McAlerney r I
22
WBD_001544.000022
WBONO001674
WBON0001674
116. I Mr Donald D Mclean
117. I Ms Tracey T Merritt r I
118. I Mr Asif A Mirza I
119. I Mrs Seema Ss Misra I
120. I Mr John Robert JR Moir I
121. I Mr Arthur A Modd I
122. I Ms Enid E Mummery I
123, I Mr Nahman N Nisar I
124. I Mrs Jenny J O'Dell I
125. I Ms Mojisola M Okuwoga I
126. I Mr Ralph R Oliver (a I
Protected Party
by Terri
Packwood, his
Litigation Friend) i_I
127. I Mrs Sarah Ss Osolinski
128. I Mr Damian D Owen I
129. I Ms Sandra s Owen , I
23
WBD_001544.000023
WBONO001674
WBON0001674
130. I Mrs Wendy Ann WA Owen (the
personal
representative of
Mr John Owen
(deceased)) i_I
131. I Mr Sivanesarajah I S Pakeerathan
132. I Mr Vijay Vv Parekh I
133. I Mrs Jotika J Patel I
134. I Mr Upendra Kumar I UK Patel 8]
135. I Mr Vipinchandra I V Patel yy
136. I Mr Yogesh Y Patel I
137. [Mc I George G_ I Patterson G RO 7
138. I Ms Tracy Ann TA Paynter I
139. [Ms Ii ri —
140. I Mr Lee L Phelps I
141. I Mr Steve Bryan SB Phillips I
142. I Mr Paul P Popov I
143. I Mr Kanagasundara I K Prince I
m
24
WBD_001544.000024
WBONO001674
WBON0001674
144. I Mr Aslam A Ramtoola
145. I Mrs Shahnaz Ss Rashid
146. I Ms Shirley Ss Rayner
147. I Mr Thomas Tr Reed Morris
148. I Mr Mansel Kevin MK Rees
149. I Mr Karl Thomas KTA I Reid
Anthony
150. I Mr Brian B Richardson
151. I Mr James J Richardson
152. I Mr Alan A Riddell
153. I Mrs Carol c Riddell
154. I Ms Della D Robinson
155. I Ms Megan M Robinson
156. I Mr Michael M Rudkin
157. I Mr Mohammad M Sabir
25
WBD_001544.000025
WBONO001674
WBON0001674
158. I Mr Mohammed MA Saleem im
159, I Mr Kamal Deep KD I Sandhu ry
160. I Mr Ennosel Joseph IEJD I Savio I
Dominic
161. I Ms Siobhan Ss Sayer I
162. I Mr Vinod Kumar VK Sharma I
163. I Mr Christopher CM Sharples r I
ichael
164. I Mr Jamail J Singh G R ° I
165. I Mr I Kuldip K Singh q
166, I Mr Setpal s Singh ry
167. I Mr Gurmit G Singh-Gill I
168. I Mr Ravinder Pal RP Singh-Gill rI
169. I Miss I Janet J Skinner rI
170. I Mr Brian B Skirrow al
171. I Ms Julie J Steward I
26
WBD_001544.000026
WBONO001674
WBON0001674
172. I Ms Elizabeth E Stockdale
173. I Ms Sally Mary SMK I Stringer
Kathleen
174. I Ms Pamela PJ Stubbs
175. I Mr Greg G Suszczenia
176. I Ms Joy J Taylor
177. I Mr I Hughie Noel I H Thomas
RO
478, IMs I Pauline B I Thomson G
179. I Mr Hardia Singh HS Tiyur
180. I Ms Sandra s Tizzard
181. I Mr Christopher Cc Trousdale
182. I Ms Jasvinder JK Uppal
183. I Ms Lynne L Veen
27
WBD_001544.000027
WBONO001674
WBON0001674
184. I Mr Guy G Vinall
185. I Mr Terry T Walters
186. I Mr Graham G Ward
187. I Mr lan ) Warren
188. I Mrs Susan Ss Watson
189. I Mr Paul Thomas PTJ I Wavish
James
190. I Mr Alan A White G RO
191. I Mr Leslie Stephen I LS Whitehead
192. I Ms Fiona E Whybro
193. I Ms Rachel Anne RA Williams
194. I Ms Margery ML Williams.
195. I Mr Julian J Wilson
196. I Mr Peter P Worsfold
28
WBD_001544.000028
WBON0001674
WBON0001674
197. I Ms Kym K Wyllie
198. I Mr David D Yates
Those entries that are underlined are those included in the Schedule of
Claimants as amended by Freeths LLP (Solicitors for the Claimants) on 26
July 2016 pursuant to CPR 17.1(1).
29
WBD_001544.000029
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
THE POST OFFICE GROUP LITIGATION
BEFORE SENIOR MASTER FONTAINE
WBON0001674
WBON0001674
Claim No. HQ16X01238
BETWEEN:
ALAN BATES & OTHERS
Claimants
- and —
POST OFFICE LIMITED
Defendant
SCHEDULE 3
SCHEDULE OF INFORMATION
1. Claimant & Branch
Details
1.1. I Name
1.2. I Home address
1.3. I Branch address
1.4. I Subpostmaster (Yes /
No, if No give details,
e.g. Crown Office
Employee, guarantor of
Franchisee)
1.5. I Date and form of any
contract entered into with
Post Office
1.6. I Start date of
appointment/engagement
30
WBD_001544.000030
WBONO001674
WBON0001674
1.7.
End date of
appointment/engagement
1.8.
Currently employed /
engaged? (Yes/No)
1.9.
Lived in linked residential
premises? (Yes/No)
.I Employed assistants?
(Yes/No, and if yes
identify number as at
date of termination of
appointment)
I Operated a retail
business from same
premises (Yes/No)
Training and Support
ZAs
Received initial training
from Defendant re:
Horizon when introduced
in 1999/2000 (Yes/No)
2.2.
Received initial training
from Defendant re:
Horizon when took up
position? (Yes/No, and if
yes give date and brief
details of any training
said to have been
inadequate or
inappropriate)
2.3.
Received any further
training from Defendant
te: Horizon? (Yes/No,
and if yes give date and
brief details of any
31
WBD_001544.000031
WBON0001674
WBON0001674
training said to have
been inadequate or
inappropriate)
24.
Contacted Helpline to
seek advice re: Horizon
and/or alleged shortfalls?
(Yes/No, and if yes give
approximate date and
brief details of any advice
and responses said to
have been inadequate or
inappropriate)
Apparent or Alleged
Shortfalls
3.1.
For each apparent or
alleged shortfall
attributed by the
Defendant to the
Claimant, specify:
(a) Amount(s):
(b) Date(s):
(c) Paid by the
Claimant to the
Defendant?
(Yes/No, and
dates of payment)
Audit and Investigation
41.
Did the Defendant
conduct one or more
audits of the branch prior
to termination? (Yes/No,
and if yes give date and
brief details)
32
WBD_001544.000032
WBON0001674
WBON0001674
4.2.
Was there an
investigation carried out
by the Defendant relating
to alleged shortfalls?
(Yes/No, and if yes give
date and brief details of
any investigation(s) in
relation to which the
Claimant raises a
complaint)
Suspension and
Termination
5.1.
Was the Claimant
suspended for a reason
related to alleged
shortfalls? (Yes/No, and
if yes give date and brief
details of any
suspensions in relation
which the Claimant
raises a complaint)
5.2.
If the Claimant was
suspended:
(a)Was the branch
closed by the
Defendant?
(Yes/No, and if yes
give date)
(b) Was a temporary
Subpostmaster
appointed by the
Defendant?
(Yes/No, and if yes
give date)
(c) Was the Claimant
prevented from
accessing records
within the branch?
(Yes/No, and if yes
give date and brief
details)
33
WBD_001544.000033
WBON0001674
WBON0001674
5.3.
How did the Claimant’s
appointment end?
(Terminated by
Defendant / Resigned)
5.4.
If the Claimant's
appointment was
terminated by Defendant,
was this for a reason
related to alleged
shortfalls? (Yes/No)
Was that reason stated
by Post Office? (Yes/No)
5.5.
Did the Defendant give
notice? (Yes/No, and if
yes, state period of
notice)
5.6.
If the Claimant resigned,
was this under pressure
from Defendant for a
reason related to alleged
shortfalls (Yes/No, and if
yes give date and brief
details)?
5.7.
Did the Defendant
prevent or impede sale or
transfer of the Claimant's
business? (Yes/No, and
if yes give date and brief
details)
Civil and Criminal
Proceedings
6.1.
Did the Defendant
pursue recovery of any
alleged shortfalls by civil
proceedings? (Yes/No,
34
WBD_001544.000034
WBON0001674
WBON0001674
and if yes give date and
brief details)
6.2.
If yes, what was outcome
of proceedings? (Settled,
Judgment for Claimant,
Judgment for Defendant,
currently stayed)
Please give date and
brief details.
6.3.
Did the Defendant
pursue any criminal
proceedings against the
Claimant? (Yes/No)
6.4.
If yes, specify (with
dates):
(a) charges (Theft,
False Accounting,
and any other
charges);
(b) outcome = (guilty
after contested
trial, acquitted
after contested
trial, guilty plea,
not pursued).
6.5.
Has any conviction been
referred to the Criminal
Case Review
Commission or is the
subject of any appeal?
(Yes/No)
Nature of claims
pursued
In this section, indicate whether the Claimant relies on generic Particulars of Claim
in respect of the types of claim identified (in each case, Yes/No).
35
WBD_001544.000035
WBONO001674
WBON0001674
7.1. I Contract, tort & fiduciary
duty
(i) I Training
(ii) I Support
(iii) I Availability of
transactional information
(iv) I Execution / reconciling
transactions
(v)_ I Inappropriate attribution
of alleged shortfalls
(vi) I Demands for payment
(vii) I Investigation
(viii) I Suspension
(ix) I Termination
(x) I Pressure to resign
(xi) I Impeding sale / transfer
(xii) I Concealment
(xiii) I Breaches of overarching
duties
7.2. I Harassment
7.3. I Deceit
7.4. I Malicious Prosecution
36
WBD_001544.000036
WBON0001674
WBON0001674
7.5.
Unjust Enrichment
Nature of claims for
loss
8.1.
Repayment of alleged
shortfalls (Yes/No and
amount)
8.2.
Loss of investment
(Yes/No, and
approximate value,
subject to expert
evidence)
8.3.
Loss of earnings during
suspension (approximate
value and brief details)
8.4.
Loss of earnings for
failure to give notice
(approximate value)
8.5.
Loss of earnings post
termination (period
claimed and approximate
value) [If not already
dealt with at 8.2 above]
8.6.
Stigma and/or
reputational damage
(Yes/No and brief details)
8.7.
Personal Injury (Yes/No
and brief details, subject
to expert evidence)
8.8.
Losses related to
bankruptcy/other
37
WBD_001544.000037
WBON0001674
WBON0001674
insolvency procedures
(Yes/No and brief details)
8.9. I Losses related to
prosecution (Yes/No and
brief details)
8.10.I Any other loss not
covered above (identify
category and provide,
brief details and amount).
The information provided in this Schedule is true to the best of the Claimant's
knowledge and belief on the basis of the information presently available to the
Claimant. However, the information is provided prior to disclosure by the Defendant,
prior to any expert evidence, and figures provided in relation to loss are
approximations only.
I believe that the facts stated in this Schedule are true.
Signed: ........ eee eee eee cece eeeeeeeeeeeeeeneeeeeeees
Date:
38
WBD_001544.000038
WBON0001674
WBON0001674
IN THE HIGH COURT OF JUSTICE Claim No. HQ16X01238
QUEEN’S BENCH DIVISION
THE POST OFFICE GROUP LITIGATION
BEFORE SENIOR MASTER FONTAINE
BETWEEN:
ALAN BATES & OTHERS
Claimants
- and —
POST OFFICE LIMITED
Defendant
SCHEDULE 4
PUBLICITY
Under paragraph 36 of this Order, the Lead Solicitors shall advertise the making of
this GLO, and an invitation to prospective Claimants to consider joining the Post Office
Group Litigation, substantially in the following form:-
39
WBD_001544.000039
WBONO001674
WBON0001674
INVITATION / PUBLICATION NOTICE TO JOIN GLO
The Post Office Group Action
The High Court made a Group Litigation Order on [ lin relation to a Group Action
against Post Office Limited, being pursued by individuals who:
a. Work or previously worked in Post Office branches as: (i) Subpostmasters; or (ii)
assistants to Subpostmasters; or (iii) Crown Office employees; and
b. Such work took place during a time when their branch was using the ‘Horizon’
system (the IT system operated by Post Office); and
c. Claim to have suffered loss (financial and non-financial) as a result of Post Office
Ltd attributing alleged ‘shortfalls’ in branch accounts to an individual for which
the individual says they were not responsible and/or where the cause of these
apparent ‘shortfalls’ was not determined.
The Court has ordered that any individual who wishes to pursue such a claim may join the
Group Action by being added to the Group Register of claims from
The Court has appointed Freeths LLP ¢__
Group Action. Freeths LLP are working with Justice For Subpostmasters Alliance (JFSA) on
this matter.
las the Claimants’ Lead Solicitors to the
However, Claimants may instruct any firm of Solicitors to participate in this litigation. A list
of Solicitors instructed in these claims may be obtained from the Law Society
(www.lawsociety.org.uk j
All individuals must have their claims investigated before they can be added to the Group
Register so they need to come forward as soon as possible. The Court has imposed a cut-off
date of 26 July 2017 for bringing a claim to join the Group Action and the Court may decide
that anyone who has not joined at that date may lose their opportunity to be part of the
litigation.
The making of a Group Litigation Order is a procedural matter only to enable the Court to
manage litigation affecting multiple parties, and does not imply any view as to the merits of
the claims put forward. This advertisement does not contain legal advice. Potential claimants
may wish to seek legal advice as to the pros and cons of the different options open to them in
respect of the potential legal claims they may have against the Post Office as a result of loss
suffered in relation to alleged ‘shortfalls’ in branch accounts. If you are unsure if you can
make a claim, please contact the Lead Solicitors.
This advertisement is published by the Order of the High Court of Justice.
40
WBD_001544.000040
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
THE POST OFFICE GROUP LITIGATION
BEFORE SENIOR MASTER FONTAINE
BETWEEN:
ALAN BATES & OTHERS
-and—-
POST OFFICE LIMITED
WBONO001674
WBON0001674
Claim No. HQ16X01238
Claimants
Defendant
GROUP LITIGATION ORDER
Freeths LLP
Floor 3,
100 Wellington Street
Leeds
LS1 4LT
DX 310016 Leeds Park Square
WBD_001544.000041