WBON0001702
WBON0001702
Confidential and legally privileged
Confidential and legally privileged
INITIAL COMPLAINT REVIEW AND MEDIATION SCHEME
[DRAFT] SETTLEMENT POLICY
Version 1.4
[...] December 2013
WBON0001702
WBON0001702
Confidential and legally privileged
E
N
a fF w&
Contents
Document Control
Objectives
General approach to settlements under the Scheme
Process for considering individual complaints
Settlement principles
5.1
6.2
5.3
5.4
5.5
5.6
Overarching principles
Criminal cases
Settlement thresholds
Settlement options
Compensation matrix
Goodwill payments
Direct Engagement with Subposmasters
Glossary
WBON0001702
WBON0001702
Confidential and legally privileged
1. Document control
Privilege
1.1. This Policy has been prepared:
1.1.1. To assist Post Office in settling complaints raised through the
Scheme.
1.1.2 To manage the risk that a complaint could escalate to full litigation.
1.1.3. With the advice and assistance of both internal and external
lawyers.
1.2. Accordingly, this Policy is subject to both legal advice privilege and
litigation privilege. It is also commercially sensitive and confidential to
Post Office.
Circulation control
1.3. This Policy should:
1.3.1. Never be sent to or discussed with any person outside of Post
Office without the prior consent of POL Legal.
1.3.2 Be circulated inside POL unless it is strictly necessary to do so, for
which purpose the following may need to review this Policy:
. Board
. ExCo
. ARC.
. The Steering Group
° Those employees and contractors involved with the Scheme.
1.3.3. Any FOIA or DPA request in respect of this document must be
immediately referred to POL Legal.
3
WBONO001702
WBON0001702
Confidential and legally privileged
E
Version history
Version Status Date
1 Draft 22 October 2013
1.1 Draft 30 October 2013
1.2 Draft 4 November 2013
1.3 Draft 9 November 2013
14 Draft 4 December 2013
1.4 The first "Live" version of this Policy has been approved by the Steering
Committee and ExCo.
1.5 Any amendments to this Policy must be approved by the Steering
Committee.
WBONO001702
WBON0001702
Confidential and legally privileged
2. Objectives
Post Office's Objectives for the Scheme
2/1
22
2.3
24
2.5
2.6
Listen to Subpostmasters' concerns
Explain Post Office's position
Offer solutions where possible
Compensate if loss has been unfairly suffered
Demonstrate that Post Office is being transparent
Ensure that Post Office's decisions are defensible
Objectives of this Policy
27
2.8
2.9
2.10
2.11
2.12
2.13
Ensure that each applications is treated consistently
Ensure that Post Office complies with its criminal law / prosecution duties
Ensure that the outcomes of the Scheme are compliant with any
subsequent criminal appeal process
Help scope and control the size of the Scheme and costs of settlement
Assist Post Office in preparing for difficult mediations / decisions
Ensure that all internal stakeholders are consulted on the handling of
individual Complaints
Enable a Post Office representative to enter a mediation with a clear
mandate for settling (or not) each complaint
WBON0001702
WBON0001702
Confidential and legally privileged
ie)
3. General approach to settlements under the Scheme
This section sets out the methodology for monitoring and scoping the overall
costs and outcomes of settlements under the Scheme.
Settlement Principles
3.1. Aset of Settlement Principles will be drawn up that will guide the approach
to settling each Complaint.
3.2 The Settlement Principles will be set out in this Policy — see section 5
3.3. The Settlement Principles will be reviewed regularly.
3.4 The Principles will be revised as necessary to address any changes in:
3.4.1. the Scheme
3.4.2 the number/nature of the Complaints
3.4.3 past mediations or settlements
3.4.4 The Outcome Assessment (see below)
Fix the number of complaints
3.5 Applications by Applicants to the Scheme must be received by 18
November 2013.
3.6 Following the application deadline, the total number of applications will be
known but the value of any complaints may still be unclear.
3.7 An initial review and assessment of the complaints will be undertaken at
this stage applying the Settlement Principles to test the efficacy of the
Principles in practice.
WBON0001702
WBON0001702
Confidential and legally privileged
ie)
Value the complaints
3.8 On receipt of an Applicant's applications and case questionnaire, Second
Sight will work with Post Office to investigate the Complaint.
3.9 This investigation should produce greater clarity as to the types of
settlement and compensation being sought by Applicants.
3.10 This information will be regularly reviewed to assess the possible outcome
and costs of settlements under the Scheme (the Outcome Assessment).
Set Settlement Parameters
3.11 Following the investigation phase, it should be possible to separately
assess the merits of each Complaint and produce a Recommendation for
Settlement (see section 4 below)
3.12 The Recommendations for Settlement will be reviewed holistically on a
regular basis and used to further update the Outcome Assessment.
Mediation
3.13 At mediation, a settlement will be sought within the parameters of the
Recommendation for Settlement.
3.14 The result of any Mediation (whether or not there is a settlement) will be
communicated to all internal key stakeholders.
3.15 The results of any mediations will be reviewed holistically on a regular
basis and used to further update the Outcome Assessment.
Reporting
3.16 The updated Outcome Assessment will be presented to the Steering Group
on a regular basis for their consideration.
3.17 The following management information about the Scheme will be tracked:
. Applications received
. Applications accepted for funding
WBON0001702
WBON0001702
Confidential and legally privileged
9)
Applications rejected (by grounds)
Case Questionnaires received
Cases investigated by POL
Cases investigated by Second Sight
Value of claims
Cases approved / rejected for mediation (with reasons)
Mediations completed (by outcomes)
Cases settled
WBON0001702
WBON0001702
Confidential and legally privileged
ie)
4. Process for considering individual complaints
This section sets out the process for handling and trying to resolve each
individual Complaint.
Background
4.1 Following the investigation into a specific Complaint, the Working Group
will take a decision on whether the case is suitable for mediation.
4.2 Mediation is a consensual process so even if the Working Group decides
that a case is suitable for mediation, Post Office is not required to mediate
(though there may be negative consequences in refusing to do so).
4.3 It may be that some cases can be resolved before mediation through direct
engagement with the Applicant — see Direct Engagement at Section 6.
4.4 — Ifa-settlement is agreed through mediation, the mediator is likely to insist
that the parties sign a settlement agreement on the day of the mediation.
4.5 Those persons attending mediation (or engaging directly with an Applicant)
on behalf of Post Office therefore need a clear mandate as to the nature
and scope of any settlement that might be offered.
Suitability for mediation
4.6 Following the investigation into a specific Complaint but before the
Working Group decides whether a case is suitable for mediation, POL
Legal will, in consultation with other internal stakeholders, advise on
whether POL should:
4.6.1 Vote against mediation at the Working Group and refuse to
mediate even if the Working Group votes in favour of mediation.
4.6.2 Vote against mediation at the Working Group but allow mediation
to proceed if the Working Group votes in favour of mediation.
4.6.3 Vote in favour of mediation at the Working Group.
WBON0001702
WBON0001702
Confidential and legally privileged
ie)
47
This advice will be passed to Post Office's representatives on the Working
Group.
Recommendation for Settlement
48
49
4.10
4.12
If POL wishes to attempt to settle a Complaint (by mediation or direct
engagement), the Complaint and the investigation findings will be internally
reviewed in order to produce a Recommendation for Settlement.
Where the Applicant has been subject to a criminal conviction, the
investigation findings will be sent to POL's prosecution team to ensure that
Post Office is complying with its prosecution duties (in particular, its on-
going disclosure duties).
POL Legal (or external counsel) will be responsible for leading the process
of producing the Recommendation for Settlement in order to ensure that
legal privilege is preserved. The Recommendation for Settlement will
recommend:
4.10.1 Whether Post Office should attempt to resolve the Complaint
before mediation?
4.10.2 Whether offering an apology would be appropriate?
4.10.3 Possible settlement options (which may include a recommendation
that no settlement should be offered and/or that Post Office should
express regret for any distressed caused to the Applicant).
4.10.4 If compensation is an appropriate settlement option, the financial
limits for a compensation payment.
Internal stakeholders will be consulted as appropriate on the
Recommendation for Settlement.
The Recommendation for Settlement will be revised and finalised by POL
Legal (or external counsel) and the communications team.
Approval to settle
4.13
The Recommendation for Settlement will be considered by Charles
Colquhoun (or a suitable alternative person nominated by Charles) who
will:
10
WBON0001702
WBON0001702
Confidential and legally privileged
4.13.1 Ensure the Recommendation for Settlement complies with the
Settlement Principles and this Settlement Policy.
4.13.2 Ensure that the Recommendation for Settlement is consistent with
the approach adopted in other Complaints.
4.13.3. Approve or propose changes to the Recommendation for
Settlement.
4.14 A mandate will be issued to those attending mediation or engaging directly
with Applicants confirming that they may settle the Complaint within the
scope of the approved Recommendation for Settlement.
Mediation
4.15 The attendees for mediation will be identified which shall include at least 1
lawyer and 1 representative of Post Office. The representative of Post
Office shall be:
4.15.1 Of appropriate seniority commensurate with the nature of the
Complaint and the level of settlement envisaged in the
Recommendation for Settlement.
4.15.2 From a part of the business that relates to the nature of the
complaint raised.
4.16 POL Legal (or external counsel) will liaise with CEDR (the mediation
provider) regarding the logistics of the mediation.
4.17 The mediation attendees will attempt to resolve the Complaint within the
limits of the settlement mandate, recognising the fact that it will not be
possible to settle all Complaints (due either to unreasonable expectations
on the part of the Subpostmaster or Post Office maintaining that it is not at
fault and that therefore no settlement should be offered).
WBON0001702
WBON0001702
Confidential and legally privileged
E
5. Settlement Principles
This section sets out the Settlement Principles that will guide the scope of any
settlement offered to an Applicant.
A. Overarching Principles
The following principles overarch the general approach to settlement:
5.1. Any settlement must take account of the risk that the settlement may set a
precedent that could (a) open the floodgates to more claims (both inside
and outside the Scheme) and/or (b) increase expectations for existing
claims.
5.2 Applicants will generally need to show that the matters that they are raising
actually led them to suffer a financial loss in their branch before a
settlement is offered.
5.3 Generally, settlements (including compensation) will only be offered for
alleged harm that arises directly out of, or was an obviously foreseeable
consequence of, a breakdown in the business relationship between the
Applicant and the Post Office.
5.4 The extent of any settlement (including the value of any compensation) will
be based on Post Office's "Risk Assessment" of the Complaint which shall
take account of:
5.4.1. The weight of the evidence adduced to demonstrate that the
Complaint and any harm suffered by an Applicant is true;
5.4.2 Post Office's culpability for the Complaint;
5.4.3. The extent to which the matters complained of caused the alleged
harm suffered by an Applicant; and
5.4.4 The extent to which the Applicant's own acts or omissions
contributed to the Complaint or harm suffered as a result.
5.5. Where Post Office does not believe that it is at fault, priority should be
given to explaining the issues to the Subpostmaster (and, if appropriate,
expressing regret for any distress suffered by the Subpostmaster) in an
12
WBON0001702
WBON0001702
Confidential and legally privileged
5.6
5.7
5.8
5.9
5.10
effort to resolve the Complaint without the need to offer any formal
settlement.
Settlements involving convicted Applicants should only be offered where
there is clear evidence of a miscarriage of justice (see section 5B below).
Settlements will generally be driven by commercial fairness rather than
legal principles, but legal risk will still be a factor.
Settlements should to take account of the reputational implications for the
Post Office arising from any adverse publicity or political reactions but that
should not be an overriding factor. The greater the value of the settlement,
the more public interest is likely to be attracted.
Settlements that involve commercial solutions, apologies and other non-
financial compromises are to be favoured over compensation.
Although settlements are likely to be subject to confidentiality agreements,
any settlement should take into account the risk that details of that
settlement may leak into the subpostmaster community and/or the media.
Settlements should reflect the fact that for the purposes of the Scheme,
Post Office will not be relying on any legal limitation or time-bar defence
and will consider all Complaints regardless of age.
WBON0001702
WBON0001702
Confidential and legally privileged
ie)
B. Criminal cases
Background
5.12 Offering a settlement to an Applicant who has been convicted could:
5.12.1 Be used as the basis for an appeal against that conviction; and/or
5.12.2 Cause that conviction to become unsafe.
5.13 As such, settlements involving convicted Applicants should only be offered
where there is clear evidence of a miscarriage of justice and the process
below has been followed.
Process
5.14 Where a Complaint relates to an Applicant who has been convicted, the
following additional processes should be followed:
5.14.1 The Applicant's application, case questionnaire and any
investigation findings should be forwarded to Post Office's criminal
lawyers (Cartwright King — "CK")
5.14.2 CK will review the above documents to determine whether any
disclosure is required under Post Office's prosecution duties.
5.14.3 CK will be consulted on any Recommendation for Settlement and
advise how the proposed settlement may affect the Applicant's
conviction.
5.15 Post Office has no power to overturn a conviction. If, following the
investigation phase, grounds for appeal are identified, the standard
approach will be to:
5.15.1 Suspend the standard mediation process.
5.15.2 Disclose the information giving rise to the grounds for appeal to the
Applicant (via CK).
5.15.3 Consider whether Post Office will support or oppose any appeal.
5.15.4 Consider whether Post Office might offer financial support to the
Applicant in order to conde the appeal.
WBON0001702
WBON0001702
Confidential and legally privileged
ie)
5.15.5 Consider whether it is more appropriate to conduct the mediation
before or after any appeal is heard. In most cases, it will be more
appropriate for the appeal to be heard first.
5.15.6 Write to the Applicant explaining Post Office's stance on the above
matters and seek their views on how they wish to proceed.
5.15.7 Where a conviction is overturned on appeal, mediation may
subsequently be used to resolve the Applicant's claims / losses
that flow from that wrongful conviction.
WBONO001702
WBON0001702
Confidential and legally privileged
@
5.16
5.17
Settlement thresholds
Complaints will have various degrees of credibility and will be supported by evidence of varying quality. To ensure
consistency, this section sets out guideline thresholds for when a Complaint may be considered to have sufficient
credibility/supporting evidence to merit a settlement.
The list of Complaints set out below is not exhaustive — where a Complaint is not on the list below, a case-by-case decision
will be required.
5.18 The Settlement Thresholds are for guidance only — settlements may be offered in other circumstances if good reasons exist.
Nature of complaint
Threshold of proof before offering a settlement
5.19
Horizon inaccurately
records data/transactions.
Horizon has a technical
problem that caused
branch losses.
Horizon suffered
communication and power
failures that caused losses
in a branch.
Second Sight's Interim Report found that there were no systemic errors in Horizon.
As such, very clear proof will be required of a technical defect in Horizon along with
evidence that that technical defect (i) caused a quantifiable financial loss in the Applicant's
branch accounts and (ii) had a material adverse effect on an Applicant.
Any case that is considering a settlement on this ground should be referred immediately to
the CIO for comment.
16
WBONO001702
WBON0001702
Confidential and legally privileged
an)
5.20 I Defective hardware inthe I The Applicant needs to produce very clear proof that a specific branch had defective
branch (pin pads, equipment which was not fit for purpose and that the defective equipment caused a
terminals, etc). quantifiable financial loss in the Applicant's branch accounts.
SPMRs may have issues with evidencing such complaints as POL often replaced equipment
following a complaint. However, evidence of loss must be provided before a settlement is
considered.
5.21 I Horizon is too complex. The Horizon system is being successfully used by thousands of users without complaint
about the usability of the system or that its processes are unclear / too complex.
Operating processes are
unclear. As such, a general complaint that Horizon (or its related processes) is too difficult to operate
will therefore not be sufficient to warrant a settlement.
The Applicant needs to identify a specific problem transaction that did not have a clear or
established operating practice.
The facts of the case should be considered carefully as there may be circumstances where
Post Office has offered training but the SPMR has refused to attend or take up Post Office
on the offer of further training.
However, in circumstances where Post Office has allowed the issue to grow, by for example,
not addressing the issue in a timely manner, a settlement may be considered (but only if
there is a clear evidence of a failure/delay on Post Office's part).
17
WBONO001702
WBON0001702
Confidential and legally privileged
5.22 I Lack of support for SPMR. I The Applicant needs show that they sought support from Post Office and that the support
provided did not solve the issue.
Helplines were unhelpful.
The facts of the case should be considered carefully as there may be circumstances where
Post Office has offered training but the SPMR has refused to attend or take Post Office up
on the offer of further training.
If, given the particular circumstances, there is evidence that Post Office has not properly
supported a SPMR in that Post Office:
(a) failed to follow its established practices in effect at the time of the events
complained about; or
(b) there was a manifest error in those practices that should have been remedied at
the time of the events complained about;
a settlement may be considered.
5.23 I Poor/inadequate training The Horizon system is being successfully used by thousands of users without complaint
on Horizon system. about Post Office's training.
As such, general complaints about POL’s standard training are not sufficient.
The Applicant needs to identify specific circumstances that made his/her training
inadequate.
18
WBONO001702
WBON0001702
Confidential and legally privileged
POL should consider the
following:
e Is there an issue with guidance/training? i.e. does the Applicant's complaint relate to
an issue where there is little guidance/training?
e Is there any pattern in the Applicant's behaviour?
e Has the Applicant failed to take POL up on the offer of training?
5.24 I SPMR unable to General complaints about a lack of visibility of historic transactions are not sufficient.
investigate losses.
The Applicant needs to show a problem with the audit trail of a specific product/transaction
SPMR did not have and that a quantifiable financial loss in the Applicant's branch accounts has been suffered
access to adequate as a result.
transaction records.
The Applicant also needs to show reasonable attempts to investigate losses.
It should be considered whether it would have made a difference had a full audit trail been
available. In some cases even if the audit trail had been available it would not have resolved
the overall complaint.
5.25 I POL unfairly pursued The Applicant must show that Post office systemically failed to look into specific issues (not
losses/prosecution witha I general complaints) raised by the Applicant or systemically failed to follow its processes that
bias against SPMR. were in effect at the time of the events complained of.
19
WBONO001702
WBON0001702
Confidential and legally privileged
an)
Any remedy in response to a
claim that a criminal investigation/prosecution is unsound must be approved by POL’s
criminal legal team (see section B above).
5.26
SPMR was "forced" to file
false accounts
POL does not accept that an Applicant can ever be forced to render false accounts.
No settlement will be offered where problems / losses were a result of (a) an Applicant filing
false accounts or (b) an Applicant's own deliberately wrong actions or decisions.
20
WBONO001702
WBON0001702
Confidential and legally privileged
@
D. Settlement Options
5.27 Ifa Complaint warrants a settlement (see section C) then, in general, Post Office will consider any type of settlement that is
fair and legally enforceable. The table below summarises the types of settlement that may, in Post Office's discretion, be
offered. The selection of an appropriate Settlement Option (or Options) will be assessed on the particular circumstances of
each case and in line with the Overarching Settlement Principles (see section A).
Support criminal appeal
In-post SPMR Ex-SPMR Ex-SPMR Ex-SPMR
No Conviction Convicted but Safe Conviction
overturned on
appeal
Explanation of issues (but with no iv v v v
settlement to be offered)
Apology / expression of regret v + vw x
Compensation v v v x
POL pays legal costs v v v x
Branch / network improvements v v v x
Individual branch solutions v x x *
x x v x
21
WBONO001702
WBON0001702
Confidential and legally privileged
@
E. Compensation matrix
5.28 If a Complaint meets a Settlement Threshold (see section C) and Post Office considers that compensation may be appropriate
(see section D), the level of compensation that may be offered to an Applicant will be guided by:
5.28.1 Post Office's Risk Assessment of the Complaint (see section A); and
5.28.2 The matrix below.
5.29 I Claimed head of loss Value / factors General position
Post Office's general position may be
departed from if there are good reasons to
do so.
5.30 ISPMR_ wrongfully repaid I Depends on level of loss suffered by the branch I Decided on the merits of the case (ie.
losses that were not due to SPMRs ability to prove that sums were
POL not properly due to Post Office).
5.31 I Loss of remuneration due to I Depends on SPMR's remuneration level. Loss I Compensation limited to a maximum of 3
contract termination probably capped at 3 month's remuneration as I months' remuneration.
POL always has a right to terminate on 3
months' notice (save if POL has acted in bad
22
WBONO001702
WBON0001702
Confidential and legally privileged
ie
faith).
5.32 I Loss of retail business Depends on value of individual business Compensation for loss of retail business
will not be paid.
Difficult for SPMR to claim because POL could
always terminate on 3 months' notice and so
loss of branch and subsequent loss of wider
retail business was always at risk.
Commercially, Post Office does not accept
responsibility for performance of retail business.
5.33 I Distress / loss reputation Difficult to value in cash terms. Compensation to be offered on a case-by-
case basis — see Goodwill Payments
These types of loss are generally irrecoverable I Policy at section F below.
at law for most claims.
23
WBONO001702
WBON0001702
Confidential and legally privileged
5.34 I Costs / expenses related to I Depends on nature of legal support procured by I Decided on the merits of the case.
the mediation scheme I the SPMR.
and/or other legal
proceedings SPMRs can spend more than the POL
contribution funding for legal support for the
mediation scheme.
Typically only reasonable and proportionate
legal costs are recoverable.
5.35 ILosses relating to wrongful] Depends on nature of sentence - usuallyI Only to be considered in the most
prosecution / conviction comprises a combination of loss of earnings and I exceptional circumstances (see Criminal
reputation losses. Cases Policy section B above)
Wrongful convictions are usually compensated
by the state rather than the prosecutor (POL).
24
WBON0001702
WBON0001702
Confidential and legally privileged
F. Goodwill payments
5.36 Goodwill payments may be considered where an Applicant suffers harm
that cannot be quantified in pecuniary terms (eg. injury to feelings, distress,
social discredit, reputation damage, etc.). A goodwill payment may, in Post
Office's discretion, be offered if:
5.36.1 A settlement threshold has been met under section C; and
5.36.2 The Applicant has not deliberately caused the non-pecuniary harm
(eg. where the applicant has invited adverse media attention); and
5.36.3 The harm suffered is sufficiently serious to warrant a goodwill
payment in accordance with the thresholds below:
Type of harm Threshold
Distress / injured feelings The distress must be more than normal
commercial pressure that would be
experienced through loss of contract /
business.
Damage to reputation / social The damage to reputation requires
discredit evidence that the relevant events were
publicly known and led to public.
criticism (eg. adverse press coverage).
5.37 If the above thresholds are met, the level of goodwill payment will be
dependent on the level of harm and Post Office's culpability for that harm
in accordance with the guidelines below. It is anticipated that where a
goodwill payment is appropriate, most cases will fall in the bottom band.
Band Goodwill payment
Bottom band for less serious cases, such as a one-off £600 - £6,000
incident or an isolated event, which has contributed to
the Applicant's distress or reputation damage. This band
will be appropriate where the Applicant has also
contributed to their own problems through negligence or
carelessness.
25
WBON0001702
WBON0001702
Confidential and legally privileged
ie)
Middle band for a serious failure by Post Office Limited £6,000 - £18,000
which has been the sole or predominant cause of
distress to the Applicant and/or damage to his/her
reputation.
Top band for exceptional cases, such as where there £18,000 - £30,000
has been a lengthy campaign of repeated failures by
Post Office Limited or bad faith on the part of Post Office
Limited.
26
WBON0001702
WBON0001702
Confidential and legally privileged
ie)
6. Direct Engagement with Subpostmasters
Overview
6.1
6.2
It is anticipated that in a number of cases, it will be possible and
appropriate to resolve an Applicant's Complaint without the need for
mediation.
This would have the benefits of:
6.2.1. Delivering an earlier resolution for both Post Office and the
Applicant.
6.2.2 Reducing the time and resources spent on a Complaint.
Process
6.3
6.4
6.5
Post Office shall attempt to directly engage with every Applicant. Mediation
should only be used where settlement through direct discussions is
inappropriate or has been exhausted.
In particular, POL legal (through Bond Dickinson) shall look to identify the
possibility for directly engaging with a Subpostmaster:
6.4.1. On receipt of a Subpostmaster's Case Questionnaire Response.
6.4.2 After completion of Post Office's own investigation into a
Complaint.
6.4.3 When providing advice on settling a Complaint prior to mediation.
If a Complaint is identified as one that could be progressed through direct
engagement with the Applicant:
6.5.1. The Complaint will be notified to Belinda Crowe to confirm that the
case is potentially suitable for early resolution.
6.5.2 A Settlement Recommendation and a Settlement Mandate will be a
produced and approved in accordance with paragraphs 4.8 to 4.14. —
6.5.3 Belinda Crowe will nominate a suitable person to engage with the
Applicant with a view to reaching a resolution within the Scope of
the Settlement Mandate.
27
WBONO001702
WBON0001702
Page 27 Comments
Al
A2
These two stages are not currently in BD's scope of work. I'd estimate an
additional cost of around £200 per case to cover this work.
Andrew Parsons, 14/01/2014 11:32 AM
I think this is important as it (1) ensures consistency (2) ensures that the controls
around criminal cases are followed and (3) produces a clear mandate and
authority trail.
Andrew Parsons, 14/01/2014 11:47 AM
WBON0001702
WBON0001702
Confidential and legally privileged
9)
6.7.4
6.7.5
6.7.6
Where there is a significant difference in the amount claimed by
the Applicant and the amount that could be paid in compensation
under this Policy.
Where the interest of an external stakeholder (eg. an MP) weighs
in favour of completing a full mediation process.
Where the value of the potential settlement would exceed £50,000"
and therefore should proceed through a full mediation process to
ensure the best deal possible.
28
WBONO001702
WBON0001702
Page 28 Comments
A3 This is an oblique way of allowing us to tactically delay cases without having to
say so directly. I'm concerned about being too express about this in case this
document ever ends up going public.
Andrew Parsons, 14/01/2014 12:01 PM
WBON0001702
WBON0001702
Confidential and legally privileged
Where there is a significant difference in the amount claimed by
the Applicant and the amount that could be paid in compensation
under this Policy.
Where the interest of an external stakeholder (eg. an MP) weighs
in favour of completing a full mediation process.
Where the value of the potential settlement would exceed £50,000"
and therefore should proceed through a full mediation process to
ensure the best deal possible.
29
WBON0001702
WBON0001702
Confidential and legally privileged
ie)
7. Glossary
Applicant Any applicant to the Scheme which can include
subpostmasters and crown employees.
Complaint The complaint raised by an Applicant in his/her application to
the Scheme
Scheme The Initial Complaint Review and Mediation Scheme
Steering Group The internal Post Office steering group that supervises Post
Office's response to the criticisms of Horizon.
Working Group The group supervising the Scheme whose members include
Post Office, Second Sight, JFSA and the Independent
Chairman.
30