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In the high court at the rolls building for a Case Management Conference (CMC) re the 3rd trial for Bates and others v Post Office. 
I don’t think there’s going to be much to live tweet this morning, but please note any tweets will be summaries of what is said unless quoted using “direct quotes".
There’s lots of talk of tort and breach, limitations and how many individual cases should be tried in the third trial. They’re tossing around a number between six and 12. The more cases, the more time and money spent, but perhaps the better reflection of the 550+ claimants.
Judge starts discussing a schedule of issues for third trial. Breach of contract, measures of loss, assumed facts. Pleading for third trial (Round Three - R3) now under discussion.
JFSA QC Patrick Green now trying to persuade the judge to agree to his preferred schedule for disclosure, pleading then evidence.
Judge not buying it as he says that the JFSA’s plan requires significant cooperation between the two parties which given historically there hasn’t been, and there currently isn’t on scope etc he’s going to request a more conventional approach to Case Management.
Post Office QC explaining that this is a difficult and complex case, and they are trying to be clever by avoiding spending even more money than they have already “but if you’re going to be clever, you have to be careful”.
From this distance they are still dealing with the difficult problem of how you can allow the trial of individuals reflect the experience of all the claimants. It is basically what a GLO is, and this is the first one I’ve reported, so I don’t know ho easy it is in other GLOs.
PO arguing against disclosure before pleading: “there’s been an enormous amount of disclosure in this case, so it’s not as if they’re shooting into the dark."
@threadreaderapp unroll pls
