WBON0002005
WBON0002005
womblebonddickinson.com WOMBLE
BOND
DICKINSON
5 March 2019 Womble Bond Dickinson (UK) LLP
Oceana House
39-49 Commercial Road
Southampton
S015 1GA
Freeths LLP
100 Wellington Street
Leeds
West Yorkshire
LS1 4LT
By email only APGIAP6/364065.1369
Your ref:
Email: james.hartley(_ ; imogen.randalli”
Dear Sirs
Post Office Group Litigation
Redacted Documents
We write further to your letter of 5 March 2019.
As per your request, Post Office's legal team and junior Counsel have reviewed the redacted documents
with which you have raised concerns. A response to each concern is set out at Schedule 1 to this letter.
For a number of documents the redactions applied have been narrowed and replacement documents will
be provided to Elevate. Where these documents are in the trial bundle we shall arrange for replacement
documents to be uploaded.
The challenges to these redactions have been raised three working days before the beginning of the
Horizon Issues Trial. With the exception of two documents, the Claimants were provided with disclosure
of these documents in either July or August 2018. The Claimants have had 6 months to raise concerns
about the redactions applied but has chosen not to do so until now. Given that the review of these
documents is a time-consuming process and would be a large distraction from and prejudice to Post
Office's trial preparation it would not be appropriate for Post Office's leading Counsel to review these
documents. We trust that our response addresses your concerns.
It should be noted that where redactions have been narrowed or removed we do not believe these
documents to have any bearing on the Horizon Issues Trial since the redactions covered irrelevant
information. These redactions have been removed only for the sake of co-operation and to reduce the
scope of any disputes between the parties over the redaction of documents.
Yours faithfully
Womble Bond Dickinson (UK) LLP
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
is authorised and regulated by the Solicitors Regulation Authority.
Womble Bond Dickinson (UK) LLP is a member of Womble Bond Dickinson (Intemational) 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 practise law. Please see www.womblebonddickinson.comilegal notices for further details.
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SCHEDULE 1
Trial Begin Bates I WBD Comment Comments to Counsel
Bundle
eterence Colum to be deleted before being sent to Freeths
F/1415 & POL-0220141 I As explained in our letter of 3 14 documents were responsive to this search — see
F/1416 January 2019, an incorrect documents in the folder "Mediation Scheme STR
POL-0444078
redacted version of the
document was exhibited to Mr
Godeseth's witness statement.
A re-review of part-privileged
documents which contain the
term "mediation scheme" has
been undertaken. Redactions
applied to POL-0022823,
POL-0024131, POL-0025092,
POL-0511200 and POL-
0025094 have been removed.
Documents"
One of these documents is document G below and
comments on that document are against G.
e 02_POL-0219724 — redacted email chain which
discusses obtaining information from FJ for the
purposes of investigating a mediation scheme
case. Litigation privilege.
* 03_POL-0221555 — collection of board papers.
Unless stated otherwise these have been
redacted on the basis of irrelevance and
confidentiality.
o 2to10-Prosecutions policy. Privileged
document.
o 11 to 16 - Business Improvement
Programme. Section has been
disclosed.
o 17 to 22 —- 2014/15 Scorecard. Pages
19 and 20 sections on Horizon
availability has been disclosed.
o 23 to 87 — Statement of public purpose.
o 88 to 91 - Business Transformation
Programme.
o 92 to 109 — Business Transformation
operating model.
o 110 to 113 — Network and sales.
o 114 to 136 -R&CC Policy Adoption
Request
o 137 to 145 — Information Security and
Assurance — acceptable use policy.
o 146 to 148 - Cyber Security and
Information Assurance
o 149 to 152 — Data Centre Tower
Procurement
o 153 to 154 — Delegated authorities for
remuneration matters.
e 04 _POL-0215598 — collection of board papers.
Unless stated otherwise these have been
redacted on the basis of irrelevance and
confidentiality.
o 2 to 15 — Review of current prosecution
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Trial Begin Bates I WBD Comment Comments to Couns:
Bundle
RTE Colum to be deleted before being sent to Freeths
policy. Privileged document. Chris
Aujard was GC. However, Appendix B
has been disclosed due to it being a
document containing information that
would no longer confidential and being
produced by Mark Davies (Comms.
Director).
o 16 to 20 — Initial Compliant Review and
Mediation Scheme. Privileged
document.
o 19 to 25 - Branch Support Programme.
Section disclosed.
o 26 to 32 - Business Transformation
Programme.
o 33 to 44 — Statement of public purpose.
o 45 to 48 — Network and sales.
o 49 to 51 — Chief Execs Report.
o 52 to 62 — Performance Report Jan
2014. Details of Horizon availability on
page 60 have been disclosed.
o 63 to 85 — Policy adoption
o 86 to 89 —- Status Report. Section on
Project Sparrow and prosecuting
authority has been redacted on the basis
it refers to privileged information or is
irrelevant.
o 90 to 93 — Data Centre Tower
Procurement
o 94 to 96 - Cyber Security and
Information Assurance
o 97 to 99— Dispute Resolution matters.
Privileged.
o 100 to 104 — Health and Safety Report
o 105 to 107 — Register of sealings
e 05_POL-0022823 — email marked as privileged
but incorrect use of privilege. REdactOnET ES
* 06_POL-0024131 - email marked as privileged
but incorrect use of privilege. HEGECLOREISS
e 07_POL-0025092 - email marked as privileged
but incorrect use of privilege. Hedaconstebs
e 08_POL-0025094 - email marked as privileged
but incorrect use of privilege. RSSSGuOREISSS
‘AC_154603261_1 3
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Trial
Bundle
Reference
Begin Bates
WBD Comment
Comments to Couns:
Colum to be deleted before being sent to Freeths
e 09_POL-0219843 - collection of board papers.
Unless stated otherwise these have been
redacted on the basis of irrelevance and
confidentiality.
o 2to 14 - Talent attractions — resourcing
update
o 15 to 21 — Communications calendar
o 22 to 34 - transforming the insurance
operating model
o 35 to 38 - Branch support programme
improvement update. Section has been
disclosed.
o 39 to 46 - POL response to Second
Sight's Thematic Issues. Produced for
purposes of litigation so as to update
o 47 to 52 — Current actions and decision
log
o 53 to 57 — Health and Safety report.
e 10 _POL-0511200 — redactions on pages 22 and
40.
e 11_POL-0221031 — redacted references to
"Sparrow" which is a privileged project.
e 12_POL-0215603 — section of Horizon outage
has been disclosed.
e 13 _POL-0219338 — redacted reference to legal
advice received on the recovery of debt during
Mediation Scheme and Group Action.
* 14 _POL-0031469 — See rows 91, 129, 240, 314,
471, 602, 607, 608, 622, 1591. Redactions due
to references to legal advice.
F/864
POL-0215569
Document has been redacted
on the basis of confidentiality
and irrelevance. This
document does not contain
similar text to that contained in
POL-0215720 and all relevant
/ adverse sections have been
disclosed.
[Note — your letter refers to
POL-0121520 but the correct
reference is POL-0215720]
A
Information on Horizon availability on page 12 has been
disclosed. Remainder of document irrelevant.
F/1017
POL-0215581
Document has been redacted
on the basis of confidentiality
B
Information on Horizon availability on page 10 has been
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Trial
Bundle
Reference
Begin Bates
WBD Comment
Comments to Couns:
Colum to be deleted before being sent to Freeths
and irrelevance. This
document does not contain
similar text to that contained in
POL-0215720 and all relevant
/ adverse sections have been
disclosed.
[Note — your letter refers to
POL-0121520 but the correct
reference is POL-0215720]
disclosed. Remainder of document irrelevant
F/619
POL-0215622
Document has been redacted
on the basis of confidentiality
and irrelevance. The redacted
text does not contain
information which would
provide context of the
unredacted sections.
c
Information on Horizon on pages 1, 2,3 and 5 has been
disclosed. Remainder of document irrelevant.
F/639
POL-0215539
Document has been redacted
on the basis of confidentiality
and irrelevance. The section
on "Executive
Correspondence (flagcases)"
is a standalone paragraph in
the document and the
remainder of the document
does not assist with the
context of understanding of
this paragraph.
We understand that the
“purdah" refers to the
restrictions which were placed
on MPs during the 2010
elections.
D
Information on Horizon has been disclosed. Remainder
of document irrelevant.
F/658
POL-0215545
Document has been redacted
on the basis of confidentiality
and irrelevance. Whilst we do
not believe these sections to
be relevant to the Horizon
Issues Trial, the redaction of
the sections under the
heading of IT have been
removed. We confirm there is
no document author within the
redacted sections of the
document.
E
Information on Horizon has been disclosed. Remainder
of document irrelevant.
F/657
POL-0215543
Document has been redacted
on the basis of confidentiality
and irrelevance. The
redaction at the end of this
document has been removed
so as to show the author of
Information on Horizon has been disclosed. Remainder
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Trial Begin Bates I WBD Comment Comments to Couns:
Bundle
RTE Colum to be deleted before being sent to Freeths
the document. of document irrelevant.
F/1135 POL-0215589 I The majority of the document G —collection of board papers. Unless stated otherwise
has been redacted on the these have been redacted on the basis of irrelevance
basis of confidentiality and and confidentiality...
irrelevance. Some sections of
the document has been
redacted on the basis of legal
advice and/or litigation * 13 to 17—costs management update
privilege.
* 2to 12- progress report on government funding
and strategic plan
e 18 to 25 — supply chain net costs management
programme and future roadmap
*e 26 to 29 - Service Integrator / Service Desk
Contract Award. Paper deals with the award of
the SISD contract to ATOs. Not relevant to any
of the Horizon Issues or adverse.
* 30 to 33 —IT Strategy Update September 2013.
Paper contains information on FJ signing the
Transitional Support Services agreement which
extend the HNGx agreement from April 15 to
March 17. Does not appear relevant or adverse.
© 34 to 39 — Chief Exec report.
e 40 to 44 - Project Sparrow. This is privileged,
update to the board on mediation scheme.
Susan Crichton was GC at this time.
e 45 to 61 — August 2013 Performance Report.
The Horizon Availability stats on page 54 have
been disclosed.
* 62 to 63 — Top Board Risks. Section 7 on
Horizon has been disclosed.
e 64 to 66 — Status Report. Section 6, review of
Second Sight Report to explain how awarded
and managed the contract does not seem to be
relevant and may be a reference to privileged
output.
e 67 to 70 — POL Board away day log.
¢ 71 to 74 — Dispute resolution matter. Section is
privileged.
e 75 to 80 - Health and safety report.
e 81 to 83 — Register of sealings
¢ 84 to 175 — New articles of association
* 176 to 180 — Minutes of Audit, Risk and
Compliance sub-committee
e 181 to 184 — minutes of pensions sub-
committee
* 185 to 188 — Minutes of Audit, Risk and
Compliance sub-committee
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Trial Begin Bates I WBD Comment Comments to Couns:
Bundle
RTE Colum to be deleted before being sent to Freeths
e 189 - Minutes of Audit, Risk and Compliance
sub-committee
e 190 - minutes of pensions sub-committee
e 191 to 193 — minutes of board meeting
* 194 to 196 - minutes of board meeting. Details
about Horizon on 194 and 195 have been
disclosed.
* 197 to 198 - minutes of board meeting.
* 199 to 208 - minutes of board meeting.
Discussing the Transition Support Services
contract on page 201 which is not relevant to the
Horizon Issues.
Section (a) of Horizon update on page 204 has
been disclosed. Section (b) to (g) have been
redacted on the basis of privilege and the
irrelevance of awarding of the contract to Second
Sight.
* 209 - minutes of board meeting. Discussing the
Transitional Support Services contract which is
not relevant to the Horizon Issues.
* 210 to 211 - minutes of board meeting.
e 212 - minutes of pensions sub-committee
F/1664 POL-0221328 I The majority of the document H - collection of board papers. Unless stated otherwise
has been redacted on the these have been redacted on the basis of irrelevance
basis of confidentiality and and confidentiality.
kph hcei of * 1 to 2—actions for June 2017 operations board.
redacted on the basis of legal * 4 to 22 —Health and safety update
advice and/or litigation
privilege. * 23 to 29 — Cash management report
For assurance, the pages * 30 to 47 - Supply chain ops board update
‘which follows Sirens BS o- het * 48 to 80 — Network Operations
relate to transaction
corrections. e 81 to 94 - Operations Board. Pages 86 to 88
have been disclosed and sections of 90 and 91
* 94 to 109 — IT Performance. All pages
disclosed.
F/1180 POL-0220835 I Document has been redacted I I
on the basis that it refers to , A
om Redactions of reference to Project Sparrow (pages 1, 6,7
legally privileged material. and 11) which is the Group Action.
F/1217 POL-0220855 I Document has been redacted I J
on the basis that it refers to
legally privileged material.
Redactions of reference to Project Sparrow (pages 3, 6)
which is the Group Action
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Trial Begin Bates I WBD Comment Comments to Couns:
Bundle
RTE Colum to be deleted before being sent to Freeths
F/123 POL-0444058 I The document which you have
referred to is an unredacted
document. Please could you
confirm the correct trial bundle
reference.
F/1350 POL-0221527 I Document has been redacted I K
on the basis that it refers to A -
7 Redactions of reference to Project Sparrow (page 2)
legally privileged material. which is the Group Action
F/1420 POL-0143345 I The document which you have
referred to is an unredacted
document. Please could you
confirm the correct trial bundle
reference.
F/1501 POL-0221075 I Document has been redacted I L
on the basis that it refers to " A
ae , Redactions of reference to Project Sparrow (page 4)
legally privileged material. which is the Group Action
F/1520 POL-0221124 I Document has been redacted I M
on the basis that it refers to ; -
5 ei Redactions of reference to Project Sparrow (pages 4 and
legally privileged material. 34) which is the Group Action
F/1540 POL-0220593 I Document has been redacted I N
on the basis that it refers to 7 A jabs i
a rn Redactions of reference to Project Sparrow which is the
lngally privllaged icwmbaria. Group Action. The recommendations from Project
Sparrow are privileged.
F/1634 POL-0221290 I Document has been redacted I O
on the basis that it refers to " - ice
ne rn Redactions of reference to Project Sparrow which is the
legally privileged material. Group Action. The recommendations from Project
Sparrow are privileged. See page 7.
F/1495.2 POL-0511132 I Document has been redacted I P
on the basis that it refers to A .
legally privileged material. Jane is the GC. Reference to work which would be
covered by legal advice or litigation privilege — claim form
was issued in April 16.
F/1495.3 POL-0511131 I Document has been redacted I Q
on the basis that it refers to 7
legally privileged material. Jane is the GC. Reference to work which would be
covered by legal advice or litigation privilege — claim form
was issued in April 16.
F/1549 POL-0220220 I Document has been redacted I R
on the basis that it refers to
legally privileged material.
Redactions of reference to Project Sparrow which is the
Group Action. The recommendations or concerns from
Project Sparrow are privileged.
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