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From: David Neubergerf
Sent: Sun 17/03/2019 8:
To: Anthony Grabiner}__ 4
Subject: DEN 4 Re: URGENT [WBDUK-AC.F1ID26896945]
Tony,
Angela would agree but I am rather hooked on this. Also by getting involved just before I went on holiday and I
knew it had an urgent aspect, I feel a residue of responsibility to be available for the PO want me. Having got
you on board, I am slightly uncertain why they want me around. But Rob emailed me on Friday asking me to be
available for a telephone call on Monday afternoon, and he has just emailed to ask me to join the telephone
conference at 2.15 tomorrow. Assuming that stands, I propose to take a relative back seat. But happy to discuss
further by email or phone.
As to the judgment, turgid is the word. I thought you might enjoy his analysis of the law. I really don’t think he’s
right. A. I think that Leggatt’s dicta in Yam Seng are probably wrong, and B. Even if they are right I think they
should be more, probably much more, limited in their application than Fraser suggests. I also thinks he
misunderstands Chitty.
Best
David
Sent from my iPhone
On 17 Mar 2019, at 16:58, Anthony Grabiner
> wrote:
D
The judgment is turgid. I’ve just reached the bit where he tells us that he disagrees with the
editors of Chitty on relational contracts. He says they have incorrectly summarised the
jurisprudence!!
You are supposed to be on holiday. Stop reading these emails.
Best,
Tony
Lord Grabiner QC
One Essex Court
Temple
London, EC4Y 9AR
On 17 Mar 2019, at 19:25, David Neuberge
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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 ¢
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
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From: Anthony Grabiner [mail
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
“p> wrote:
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>
Subject: RE: URGENT [WBDUK-AC.FID26896945]
To: "Rob Smith"
‘Andrew Parsons"
"Al ait
my Prime
Rob
Forgive me for this short e mail. I am not pushy enough to seek to barge
into Lord Grabiner's Sunday direct.
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
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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
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From: Anthony Grabine:
Sent: 17 March 2019 10:
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
GRO I
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On 17 Mar 2019, at 09:51, Rob Smith
Morning Tony
Please see in Red below. Is this workable?
Thanks
Get Outlook for iOS<https://aka.ms/o0ukef>
: Sun, Mar 17, 2019 at 9:46 AM +0000
Subject: URGENT [WBDUK-AC.FID26896945]
To: "Rob Smith"
"Amy Prime"
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
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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
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