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From: "Andrew Parsons'
To: "Amy Prime"
Subject: Re: Horizon disclosure [HS-London_11.FID2156898]
Date: Tue, 01 Oct 2019 17:40:01 -0000
Importance: Normal
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Good to go
Well done.
A
From: Amy Prime
Sent: Tuesday, 1 October, 18:27
Subject: RE: Horizon disclosure [HS-London_11.FID2156898]
To: Andrew Parsons
Andy
Draft email below and revised letter attached — just double checking if TRQC is around tomorrow, but Simon
thought he was.
Thanks
A
[DRAFT]
All
Further to the draft letter, we have learnt from FJ this morning that the below statement contained with Post
Office's EDQ is factually incorrect, with the correct position being that previous versions of the KELs are
held within the KEL database and are available.
"The KEL only contains the current database entries and is constantly updated and so the current version
will not necessarily reflect the version that was in place at the relevant time. The previous entries /
versions of the current entries are no longer available." (emphasis added)
We have spoken with FJ today to double-check the position and they have confirmed that when FJ revise
the contents of an existing KEL they would not overwrite the KEL but take a copy of it, make the changes
and save as anew document. The previous versions of the KELs would be kept for version control and sit
underneath the latest KEL.
Advice has been sought from Simon Henderson (Horizon Trial Junior Counsel) on the disclosure of these
documents, who recommends that since the judgment is imminent and given the importance of KELs to the
trial, Post Office should not delay in bringing the existence of the previous versions of the KELs to the
attention of the Cs, with a detailed explanation of the circumstances to follow urgently. It should be noted
that Simon's view is that this is going to very uncomfortable for Post Office, with the worst outcome being
that the Judge seeks further expert evidence from Coyne/Worden as to whether these previous versions of
the KELs impact upon their evidence.
In light of Simon's advice, we would therefore recommend that the letter to Freeths be amended to explain
that as a result of our investigations into responding to Freeths' queries the existence of these documents
was brought to our attention, and that we were previously under a misapprehension. A further letter would
then follow as soon as possible which explains the circumstances and the proposals for providing disclosure
of these documents. Please find attached an amended letter which reflects this position.
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Further, Counsel advises that we should seek to adopt a tone that shows Post Office are as annoyed with
FJ about the late knowledge of these documents as the Cs are. This is of course a sensitive matter and
further consideration needs to be given to whether this position is adopted given the ongoing commercial
relationship with FJ.
Given the sensitivity surrounding disclosure of the KEL, we will setting up a call with Tony Robinson QC
tomorrow to discuss this matter and the invite will be extended to all on this email chain.
If there are any questions on the recommended approach, please feel free to call.
Kind regards
Amy Prime
Associate
Womble Bond Dickinson (UK) LLP
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From: Lerner, Alex
Sent: 01 October 201
To: Andrew Parson
Emanuel, Catherin
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Ce: Lucy Bremner. GRO JonathanGribben¢ SC GRO—
Amy Prime j..
Subject: RE: Horizon disclosure [HS-London_11.FID2156898]
Hi Andy
Thanks for this. My comments attached. Happy to discuss any questions/queries by phone if that is the
quickest way of getting this out. I am at my desk.
Kind regards
Alex
Alexander Lerner
Senior Associate, Dispute Resolution
Herbert Smith Freehills LLP
From: Andrew Parsons
Sent: 01 October 2019
To: Rodric Williams ¢
Jonathan Gribben <_ GR
Ce: Lucy Bremnel
Amy Prime :_
Subject: Horizon disclosure
All
Please find attached the draft response to Freeths' recent letter on disclosure for your approval. All
comments welcomed.
Kind regards
Andy
Andrew Parsons
Partner
Womble Bond Dickinson (UK) LLP
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