WBON0001773
WBON0001773
From: David Neuberger <
To: Tom Beezer <
Ce: Anthony Grabiner
Gideon Cohen <7
Subject: Re: URGENT [WBDUK-AC.FID26896945]
Date: Sun, 17 Mar 2019 19:25:45 +0000
Importance: Normal
Inline-Images: image0dfl3c.PNG; imageefa9a8.PNG; image55b3b3.PNG
Tony,
I agree with you re the judgment.
And I agree with Tom Beezer re the football but I am not sure that you are onside with that opinion.
David
Sent from my iPhone
On 17 Mar 2019, at 13:52, Tom Beezer
wrote:
Lord Grabiner
Appreciated. Thank you for disrupting your Sunday.
Noted re Rob.... These people who like football...mystery to me.
Regards
Tom
Tom Beezer
Partner
Womble Bond Dickinson (UK) LLP
d:
GRO
Stay informed: sign up to our e-alerts<https://www.womblebonddickinson.com/uk/preferences>
Join us for Disrupting Disputes 2.0
20 March 2019 at the British Library
Book your place here<https://www.womblebonddickinson.com/uk/insights/events/disrupting-disputes-20>
<image0df13c.PNG><http://>
womblebonddickinson.com<https://www.womblebonddickinson.com>
WBONO0001772_0001
WBON0001773
WBON0001773
<imageefa9a8.PNG><https://www.twitter.com/wbd_uk> <image55b3b3.PNG>
<https://www.linkedin.com/company/womble-bond-dickinson-uk-IIp/>
From: Anthony Grabiner [mailt
Sent: 17 March 2019 16:44
To: Rob Smith
Cc: Tom Beezer; Gideon Cohen; David Cavender; David Neuberger
Subject: Re: URGENT [WBDUK-AC.FID26896945]
Tom/Rob,
Treat this as my broad ‘yes that is ok’.
I’m still wading through the treacle of this mad judgment. I don’t understand what he thought he was doing
or what he thought he was supposed to be doing. The constant repetition of the mantra that he wasn’t
deciding anything outside of the common issues is hardly credible. I’ve yet to get to the many other matters
but I can see from Gideon’s note and from the various quotes that it just gets worse.
Tom - if you need to communicate direct please do. There’s no point is going via Rob because he’s full of
West Ham thoughts this weekend.
Tony
Lord Grabiner QC
One Essex Court
Temple
London, EC4Y 9AR
Tony
Please see the attached and the first paragraph of the email.
I will deal with the rest. Thanks
Get Outlook for iOS<https://aka.ms/o0ukef>
- Forwarded message
Tom Beezer" <
t GRO _
Date: Sun, Mar 17, 2019 at 1:18 PM +0000
Subject: RE: URGENT [WBDUK-AC.FID26896945]
To: "Rob Smith" <j _ — _
Cc:_"Andrew Parsons'
GRO. b>
Rob
Forgive me for this short e mail. I am not pushy enough to seek to barge into Lord Grabiner's Sunday direct.
WBONO0001772_0002
WBON0001773
WBON0001773
Could we do the following:
- Can you please send the attached draft note to Lord Grabiner QC ? It is not hugely long. The operative
parts of the note are 4 sides of text. The balance of the Word Doc' are selected quotes from the CIT Judgment
which make it seem longer than it really is.
- What POL is seeking here from Lord Grabiner is a broad "yes that is OK" to the note (assuming he does so
agree), not detailed comment (although if Lord Grabiner wishes to comment, he is welcome to). POL want
the broad "ok" so the Board of POL have confidence that Lord Grabiner does not disagree with the direction
set out. You see the two places in highlight in the body of the note where I say "Lord Grainger has reviewed
and ok'ed" etc. if that comes to pass I'll take those out of highlight and finalise the note.
- If the OK/comment could come today — all well and good. If tomorrow then earlier the better as the note
will go to the Board in advance of the call tomorrow afternoon.
- Onto housekeeping matters:
o Yes please to a call with Lord Grabiner at some point after 1.30 tomorrow. Please let me know what time
would suit best. That call would be with Jane (GC at POL) and me. That is so Jane can get Lord Grabiner's
views which she can then transmit to the Board. Would David C QC need to be on that call too for detail and
continuity purposes ? That could be sensible but we'll be guided by Lord Grabiner.
o On the 5.15pm call for the POL Board, Lord Grabiner QC cannot make that time and I understand the call
time cannot move. I think Lord Neuberger could dial in at 5.15pm. Could you see if that is in fact possible ?
Please let me know as soon as you can in regard so I can update Jane.
o Should David C QC be on the 5.15 call too for background and detail ? Again, let us know.
o Jane is keen to stress that the POL Board want to hear from each of Lords Neuberger and Grabiner directly
and candidly on the recusal issue so if David C QC is there it is for background specifically as the POL
Board do want the views of "new voices". I'll speak to David about that too and he will understand I am sure,
but I wanted to set that out here for the sake of clarity so we are all in the same position.
MANY MANY thanks for your help.
Andy tells me West Ham did well yesterday...one day I'll tell you my one and only "football" story...you'll
have guessed it is not my thing...which frustrates Andy...
t
Tom Beezer
Partner
Womble Bond Dickinson (UK) LLP
d:
WBONO0001772_0003
WBON0001773
WBONO0001773
ee GRO ee fl
Stay informed: sign up to our e-alerts<https://www.womblebonddickinson.com/uk/preferences>
Join us for Disrupting Disputes 2.0
20 March 2019 at the British Library
Book your place here<https://www.womblebonddickinson.com/uk/insights/events/disrupting-disputes-20>
[Womble Bond Dickinson (UK) LLP]<http://>
womblebonddickinson.com<http://womblebonddickinson.com><https://www.womblebonddickinson.com>
[Womble Bond Dickinson (UK) LLP Twiter]<https://www.twitter.com/wbd_uk> [Womble Bond Dickinson
(UK) LLP LinkedIn] <https://www.linkedin.com/company/womble-bond-dickinson-uk-Ilp/>
From: Anthony Grabiner [mailt
Sent: 17 March 2019 10:59
To: Rob Smith
Cc: Tom Beezer
Subject: Re: URGENT [WBDUK-AC.FID26896945]
Rob/Tom,
I agree with David Neuberger’s approach and I support the recusal application proposal. I could speak
tomorrow but not at 5.15 for about an hour because of a prior commitment.
Regards,
Tony
Lord Grabiner QC
One Essex Court
Temple
London, EC4Y 9AR
Qn_17 Mar 2019, at 09:51. Rob Smith <
4 GRO
Morning Tony
Please see in Red below. Is this workable?
Thanks
Get Outlook for iOS<https://aka.ms/o0ukef>
"
WBONO0001772_0004
WBON0001773
WBON0001773
Subject: URGENT [WBDUK-AC.FID26896945] _
To: "Rob Smith" <
é
“GRO
<f = GRO = j
Rob
Sorry for all this contact over the weekend...
I have had an e mail from the client at Post Office and they say:
Ideally, I would like to know today whether Lord Grabiner is supportive of the recusal application, and if so,
to what extent. Are we able to get any insight on that? Provided that he is, then we should stand up Lord
Neuberger for the Board call, and I will also be able to feedback the outcome of the meeting with Lord
Grabiner. (which could be any time from 1.30 onwards that suits him).
So I think the following issues arise:
1) Is Lord Grabiner able to indicate today (e mail to you is fine and then you copy onto me — or direct to me
and Andy (copied)) if he is in broad agreement with the statement that he is supportive of a recusal
application needing to be made in this case and it having prospects of success. I think POL is seeking to
flush out whether lord Grabiner is broadly supportive, as Lord Neuberger was in his note, or whether he
takes a different view. If both are aligned, then there is a POL Board decision to be taken. If there is a
difference of view then we (POL and WBD) will have to think about how to guide the POL Board.
2) Assuming Lord Grabiner is in agreement broadly, then can POL GC (Jane MacLeod) and I get a call set
up after 1.30pm on Monday at a time that suits Lord Grabiner ? Jane wants to get a download so that can be
replayed to the later POL Board meeting.
3) The POL Board meeting is at 5.15pm. Lord Grabiner cannot make that. If there is broad agreement
between Lord Grabiner and Lord Neuberger then the plan would be for Lord Neuberger to be on a call with
the POL Board at that 5.15pm time slot. Can that be set up ?
Thanks
Tom
Tom Beezer
Partner
Womble Bond Dickinson (UK) LLP
d:
m:
t
e
WBONO0001772_0005
WBON0001773
WBON0001773
Stay informed: sign up to our e-alerts<https://www.womblebonddickinson.com/uk/preferences>
Join us for Disrupting Disputes 2.0
20 March 2019 at the British Library
Book your place here<https://www.womblebonddickinson.com/uk/insights/events/disrupting-disputes-20>
[Womble Bond Dickinson (UK) LLP]<http://>
womblebonddickinson.com<http://womblebonddickinson.com><http://womblebonddickinson.com>
<https://www.womblebonddickinson.com>
[Womble Bond Dickinson (UK) LLP Twiter]<https://www.twitter.com/wbd_uk> [Womble Bond Dickinson
(UK) LLP LinkedIn] <https://www.linkedin.com/company/womble-bond-dickinson-uk-IIp/>
Please consider the environment! Do you need to print this email?
The information in this e-mail and any attachments is confidential and may be legally privileged and
ted by I nith, I
: _ - - a Pas soon as possible and delete any
copies. Unauthorised use, dissemination, distribution, publication or copying of this communication or
attachments is prohibited and may be unlawful. Information about how we use personal data is in our
Privacy Policy<https://www.womblebonddickinson.com/uk/privacy-policy> on our website.
Any files attached to this e-mail will have been checked by us with virus detection software before
transmission. Womble Bond Dickinson (UK) LLP accepts no liability for any loss or damage which may be
caused by software viruses and you should carry out your own virus checks before opening any attachment.
Content of this email which does not relate to the official business of Womble Bond Dickinson (UK) LLP, is
neither given nor endorsed by it.
This email is sent by Womble Bond Dickinson (UK) LLP which is a limited liability partnership registered
in England and Wales under number OC317661. Our registered office is 4 More London Riverside, London,
SEI 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. Our VAT registration
number is GB123393627.
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. Womble Bond
Dickinson (International) Limited does not practice law. Please see
www.womblebonddickinson.com/legal<http://www.womblebonddickinson.com/legal>
<http://www.womblebonddickinson.com/legal><http://www.womblebonddickinson.com/legal> notices for
further details.
Womble Bond Dickinson (UK) LLP is authorised and regulated by the Solicitors Regulation Authority.
WBONO0001772_0006
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
<image14522f.PNG>
<image289259.PNG>
<imagee16783.PNG>
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
<image104b73.PNG>
<imagefe6b6b.PNG>
<image330fd7.PNG>
<Post Office - Recusal Note (003)tb. 17.3.19.docx>
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
WOMBLE
BOND
DICKINSON
WBON0001773
WBON0001773
WBONO0001772_0007