WITN10930117 - Email from Kelly Tolhurst to Tolhurst Personal re: Advice - Approval for Settlement Offer in Post Office Ltd (POL) Litigation

Evidence on official site

WITN10930117

WITN10930117
From: Tolhurst (Private Office)
Sent: 15 November 2019 14:08
To: Tolhurst.personali RO.
Subject: [OFF:SEN - LEGAL] Advice - Approval For Settlement Offer in Post Office Ltd. (POL) Litigation
Attachments: RE: [OFF:SEN - LEGAL] Advice - Update on Approach to Mediation in Post Office Ltd. (POL)

Litigation; Annex A - 20191105 POL Approach to GLO Mediation_VFINAL.docx; Annex B -
20191111 Post Office Advice on Settlement - Draft.pdf; Annex C - 2019-11-08 Post Office Group
Litigation - Criminal Cases.pdf; Annex D - 2019.11.08 - CFO Confirmation Letter.docx; 20191115
POL GLO Mediation approval sub_VFINAL.docx

Good afternoon Kelly,

Ahead of your meeting with UKGI colleagues on Monday regarding the POL litigation, please see attached advice on
this matter.

In summary:

- This note seeks your approval to a proposal from the POL Board to authorise settlement at a figure up to
£65m. CST approval is being sought in parallel.

- Inline with the decision of the POL Board, any offer above £48m could be made only if it ensures a
settlement takes place and would require POL [CEO and Chair] approval, as well as the approval of officials
from BEIS and HMT.

- Your phone call on Monday is to discuss the advice and justifications for the settlement range proposed.

Many thanks,

Shanice
Ret Shanice Swales
wy (Locum) Private Secretary to Kelly Tolhurst
Department for Parliamentary Under Secretary of State

a Department for Business, Energy and Industrial Strategy
Business, Energy 1 victoria Street, London, SW1H OET

& Industrial Strategy ‘ GRO

www.gov.uk/beis I https://twitter.com/beisgovuk

From: Scott, Joshua - UKG! <
Sent: 15 November 2019 12:!
To: Secretary Of State (Private Office) <_
; Permanent Secretary <;

Tolhurst (Private Office)
>; SpAds Office (Private

>; White, Beth (Professional Business Services, Retail & Post

>; Aldred, Tom - UKGI <!_ }>; Watson, Richard - UKGI

; Bhargava, Pranita (BEIS) < Robson, Hugo (Business
Vandini, Cecilia (Advanced Manufacturing and Services)

ichards, Nigel (Finance & Portfolio) <” ; Culshaw, Robin
Creswell, Carl (Professional Business Services, Retail & Post Directorate)

“>; Grant, Calum (BEIS) ; Hill, Kate (Finance & Portfolio)

“p; Jackson, Louise (Legal) <{ Corera, Jane (Legal)

Kilgarriff, Patrick (Legal) < >; Manson, Justin (UKGI)

}>; Beckett, Richard (Finance & Portfolio) ¢ “>; Patel, Vanisha
Morrison, Emer (Legal) <{’ >; Cole, Alex - UKGI
Adegun, Oluwatosin - UKGI < Taylor, Tom (Finance &

Ce: Cooper,
Directorate) <¢

WITN10930117
WITN10930117

Portfolio) <_ >
Subject: [OFF:SEN - LEGAL] Advice - Approval For Settlement Offer in Post Office Ltd. (POL) Litigation

OFFICIAL SENSITIVE - LEGAL

Shanice, Oliver, Jefferson and Bex,

Advice for approval.

Purpose

Following advice submitted 8 November (attached as Annex A) this advice requests Minister Tolhurst’s approval for
the settlement range proposed by POL (and their external legal advisors Herbert Smith Freehills (HSF)) in preparation
for their mediation meeting with Claimants in the Group Litigation Order on 27/28 November.

This note seeks your approval to a proposal from the POL Board to authorise settlement at a figure up to £65m. CST
approval is being sought in parallel. The settlement working group of BEIS/UKGI/HMT officials met on 14 November
and agreed to support the POL board's proposal for settlement at a figure up to £65m.

In line with the decision of the POL Board, any offer above £48m could be made only if it ensures a settlement takes
place and would require POL [CEO and Chair] approval, as well as the approval of officials from BEIS and HMT.

Minister Tolhurst has a phone call with officials on 18 November to discuss the advice and justifications for the
settlement range proposed.

Timing
Urgent — a decision is required by 22 November.

We have discussed this advice with Perm Sec’s Office in light of the pre-election period and can confirm it is classed
as ‘essential business’ and should be allowed to continue during this time.

Special Advisers

This has been sent to SpAds office in parallel.

Annexes

Annex A — POL Approach to GLO Mediation Written Advice submitted 8 November.

Annex B - Advice on Settlement (Draft) provided by HSF and discussed at 14 November settlement working group
Annex — Advice on Convicted Claimants provided by HSF and discussed at 14 November settlement working group
Annex D — POL CFO Confirmation Letter

Contacts

Director General — Justin Manson, i

Lead Official - Joshua Scott,

Director Responsible — Tom Cooper, c
Any questions please let me know.
Cheers,

Josh

Joshua Scott I Analyst

Post Office Shareholder Team

UK Government Investments

1 Victoria Street I London I SW1H OET

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WITN10930117

TW: www.ukgi.org.uk,

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