Post Office QC dives in with main point:
"What the claimaints are trying to do is water down the agency principle relationship almost to vanishing point to say it is basically marginal."
This is accepted by the PO QC.
#postofficetrial
QC says it’s on the PO.
#postofficetrial
QC says if my Lord reads my opening submission….
Judge interrupts to say no need to use the conditional. I’ve read it twice. And I will read it again.
Interestingly the judge has the capacity in this court to pause the proceedings and go back over the transcript of the last few minutes to refer to precisely what was said in court on his screen. Whilst having the discussion about the transcript transcribed.
#postofficetrial
PO QC pushing again on definition of a relational contract.
PO QC “I think it might be wrong."
Judge says no actually it is important because he has to decide on the common issues in this trial, including cooperation and good faith.
PO QC: "the Lead Claimants are asking for their recollection of policies of PO and the quality of their recollections and even their credibility will have to be tested. ..
Judge: "I would have thought I ‘d made it clear to you again as I have done at least a dozen times and in my written ruling - you are not having a jury trial...
PO QC accepts that but also says he will want to challenge the evidence of the Lead Claimants.
PO QC asking how evidence which comes forth from cross examination will be treated.
PO QC is wanting to know how Lead Claimaint evidence will be used because it could have material bearing on this and other trials.
PO QC “we don’t know what the claimants case is”
Judge “I’ve heard that so many times.”
…
PO QC “This is an extraordinary case... in that we don’t know what the other side is saying."