Bates & Ors v the Post Office Ltd (No 6: Horizon Issues) (Rev 1) [2019] EWHC 3408 (QB) (16 December 2019)

Bates & Ors v the Post Office Ltd (No 6: Horizon Issues) (Rev 1) [2019] EWHC 3408 (QB) (16 December 2019)

The court held that the Horizon Issues, as agreed and ordered, required determination of whether bugs, errors, or defects in the Horizon system had the potential to cause discrepancies or shortfalls in Subpostmasters’ branch accounts, not whether they did in fact cause such losses for specific claimants. The court found that the claimants’ broader construction of the issues was correct, and that the Post Office’s attempt to narrow the scope was unjustified. The court further clarified that the meaning of 'robustness' in this context was not perfection, but whether the system was extremely unlikely to be the cause of shortfalls, and that the evidence required a detailed technical and...

Citation
[2019] EWHC 3408
Parties
Claimants: Alan Bates and Others; Defendant: Post Office Limited
Jurisdiction
England and Wales
Judgment Date
16 December 2019
Procedural Posture
Group Litigation Order (glo) Under CPR Part 19 / Judgment on Substantive Issues (horizon Issues) After Trial
Outcome
Judgment on Horizon Issues in favour of claimants’ construction of the issues; findings reserved for later determination on individual claims and counterclaims.
Legal Topics
Group Litigation, System Reliability, Evidence (expert and Factual), Burden of Proof, Disclosure, Remedies for Defective Systems
Contract Law IT Law Civil Procedure Group Litigation System Reliability Evidence (expert and Factual) Burden of Proof Disclosure +1 more

Case Brief

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Parties

Alan Bates and Others

Claimants

Post Office Limited

Defendant

Procedural Posture

Group Litigation Order (glo) Under CPR Part 19 / Judgment on Substantive Issues (horizon Issues) After Trial

Legal Issues

  1. 1 Whether bugs, errors or defects in the Horizon system had the potential to cause discrepancies or shortfalls in Subpostmasters’ branch accounts or transactions
  2. 2 Whether the Horizon system was robust and extremely unlikely to be the cause of shortfalls in branches
  3. 3 Whether the Post Office and/or Fujitsu could remotely access, edit, or rebuild branch transaction data without knowledge or consent of Subpostmasters

Ratio Decidendi

The court held that the Horizon Issues, as agreed and ordered, required determination of whether bugs, errors, or defects in the Horizon system had the potential to cause discrepancies or shortfalls in Subpostmasters’ branch accounts, not whether they did in fact cause such losses for specific claimants. The court found that the claimants’ broader construction of the issues was correct, and that the Post Office’s attempt to narrow the scope was unjustified. The court further clarified that the meaning of 'robustness' in this context was not perfection, but whether the system was extremely unlikely to be the cause of shortfalls, and that the evidence required a detailed technical and...

Court Disposition

Judgment on Horizon Issues in favour of claimants’ construction of the issues; findings reserved for later determination on individual claims and counterclaims.

Orders

  • Technical findings on Horizon system operation and reliability issued; no final monetary or injunctive relief at this stage; further hearings required for individual claims and counterclaims.