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Complex Post Office Horizon case set to continue into 2020
Court case where subpostmasters are suing the Post Office set to span at least four trials and extend into 2020
The High Court battle between the Post Office and subpostmasters, who claim to have suffered life-changing hardship due to a faulty computer system, will see a fourth trial in early 2020.
The size and complexity of the case, which involves evidence that dates back over a decade, is one of the biggest court cases in the UK. The first trial, which began on 7 November 2018, is now finished, with a judgment likely in January 2019.
This is part of a group litigation order (GLO) brought by more than 550 former subpostmasters. They are seeking damages for the suffering they experienced – some were heavily fined, others had to pay back thousands of pounds in shortfalls, and some were even sent to prison – due to unexplained discrepancies in accounts. The subpostmasters blame the Post Office’s Horizon IT system for the errors.
The first trial focused on the contractual relationship between subpostmasters and the Post Office. It was one of three trials confirmed at the start of court proceedings. The second trial in March 2019 will put the Horizon computer system – at the centre of the case – under the microscope. A third trial in October 2019 will focus on individual subpostmaster claims.
But closing proceedings at the first trial, Judge Fraser said a fourth trial would be held, probably in early 2020.
The judge said the trial was large and complex and things had not been made easier by a lack of cooperation between the parties involved. “The Post Office didn’t even want to have the trial this year,” he said.
While discussing the ongoing case with the Queen’s Counsel for the claimants and the Post Office, Judge Fraser said: “I don’t want to come across as abrupt or unhelpful, but it is a major piece of litigation – I am tasked with resolving it.”
A case management conference (CMC) will be held on 31 January 2019, before the second trial begins in March.
Decade-long campaign
The legal battle follows more than a decade of campaigning by subpostmasters. In 2009, Computer Weekly revealed the stories of subpostmasters who had received heavy fines and jail terms for alleged false accounting, which they blamed on Horizon (see timeline below for all Computer Weekly coverage).
Although the first trial has focused on the contractual relationship between subpostmasters and the Post Office, the Horizon computer system has never been far from argument.
Evidence presented revealed a previously undisclosed problem with the Horizon computer system at the centre of a decade-long dispute between the Post Office and a group of subpostmasters. But in documents referred to in court evidence, a known problem with Horizon is described by the Post Office and its IT partner Fujitsu. A Post Office internal memo from August 2010, referred to in court and entitled Receipts payments mismatch issue memo day 1 OP_0008387, reveals that discrepancies showing at the Horizon counter disappear when the branch follows certain process steps, but will still show within the back-end branch account.
Later, during cross-examination, a Post Office director admitted that the Horizon system had made mistakes, which the Post Office was responsible for correcting, but admitted it did not necessarily have to tell its subpostmaster network about the errors. Angela van den Bogerd, when questioned, said Horizon was not error-free. “Overall, [Horizon] is robust, but it will make mistakes and we have to correct them,” she said in court.
CCRC investigation decision on hold
Separately, the Criminal Courts Review Commission (CCRC) is reviewing about 30 claims from subpostmasters that they were wrongfully prosecuted for offences such as theft and false accounting, as a result of problems with the Post Office’s Horizon IT system through which they file accounts.
Investigators from the CCRC are currently deciding whether to wait for the outcome of a separate High Court trial before making a decision.
A Post Office statement in regard to the trial said: “The Post Office is robustly defending its position in the court and welcomes the opportunity to do so. We take these cases extremely seriously and we have worked hard over a number of years to address the issues raised. We have conducted thorough investigations and sought to resolve some of the claims through mediation.
“Our employees and postmasters are important to us and we take our relationships with them very seriously. We have confidence in our network of 11,500 Post Office branches and the systems underpinning it. The Horizon computer system is operated successfully by thousands of employees, postmasters and their staff to process 47 million transactions every week.”
For live tweeting from court see the Twitter account of broadcast journalist Nick Wallis. Also read his Post Office Trial blog.
Timeline of the Post Office Horizon case since Computer Weekly first reported on it in 2009
May 2009: Bankruptcy, prosecution and disrupted livelihoods – postmasters tell their story
September 2009: Postmasters form action group after accounts shortfall
November 2009: Post Office theft case deferred over IT questions
February 2011: Post Office faces legal action over alleged accounting system failures
October 2011: 85 subpostmasters seek legal support in claims against Post Office computer system
June 2012: Post Office launches external review of system at centre of legal disputes
January 2013: Post Office admits Horizon system needs more investigation
January 2013: Post Office announces amnesty for Horizon evidence
January 2013: Post Office wants to get to bottom of IT system allegations
June 2013: Investigation into Post Office accounting system to drill down on strongest cases
July 2013: Post Office Horizon system investigation reveals concerns
October 2013: End in sight for subpostmaster claims against Post Office’s Horizon accounting system
October 2013: Former Lord Justice of Appeal Hooper joins Post Office Horizon investigation
November 2013: 150 subpostmasters file claims over ‘faulty’ Horizon accounting system
September 2014: Fresh questions raised over Post Office IT system’s role in fraud cases
December 2014: MPs blast Post Office over IT system investigation and remove backing
December 2014: Why MPs lost faith in the Post Office’s IT investigation, but vowed to fight on
December 2014: MPs to debate subpostmaster IT injustice claims
December 2014: MP accuses Post Office of acting “duplicitously” in IT investigation
January 2015: MPs force inquiry into Post Office subpostmaster mediation scheme
January 2015: Post Office faces grilling by MPs over Horizon accounting system
February 2015: Post Office CIO will talk to any subpostmaster about IT problems, promises CEO
March 2015: Post Office ends working group for IT system investigation day before potentially damaging report
March 2015: MPs seek reassurance over Post Office mediation scheme
March 2015: Retiring MP aims to uncover truth of alleged Post Office computer system problems
April 2015: Post Office failed to investigate account shortfalls before legal action, report claims
April 2015: Criminal Courts Review Commission set to review subpostmasters’ claims of wrongful prosecution
May 2015: IT system related to subpostmaster prosecutions under review by CCRC
June 2015: Post Office looking to replace controversial Horizon system with IBM, says MP
July 2015: Campaigners call for independent inquiry into Post Office Horizon IT system dispute
October 2015: James Arbuthnot takes Post Office IT fight to House of Lords
November 2015: The union that represents Post Office subpostmasters has warned of a problem with the Horizon accounting system
November 2015: Group litigation against Post Office being prepared in Horizon dispute
February 2016: Post Office faces group litigation over Horizon IT as subpostmasters fund class action
November 2016: The legal team hired by a group of subpostmasters will take their case to the next stage
March 2017: 1,000 subpostmasters apply to join IT-related group litigation against Post Office
May 2017: Hundreds of subpostmasters have applied to join IT-related legal action since March
July 2017: Post Office defence in computer system legal case due this week
August 2017: Campaigners submit initial evidence in group litigation against Post Office over controversial Horizon IT system
October 2017: Subpostmasters’ group action against the Post Office reaches an important milestone
November 2017: An end is in sight for subpostmasters’ campaign against alleged wrongful prosecution, which they blame on a faulty computer system
January 2018: Forensic investigation into Post Office IT system at centre of legal case nears completion
October 2018: After over a decade of controversy, next week marks the beginning of a court battle between subpostmasters and the Post Office
November 2018: Case against Post Office in relation to allegedly faulty computer system begins in High Court
November 2018: Post Office director admits to Horizon errors and not sharing details with subpostmaster network
November 2018: The High Court trial in which subpostmasters are suing the Post Office has reached an important stage
December 2018: CCRC may hold off subpostmaster decision until after Post Office Horizon trial
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