Post Office Horizon scandal: legal developments

The government’s proposed legislation to exonerate convicted sub-postmasters has been met with broad approval, including among opposition MPs. But senior legal and judicial figures have expressed concerns about implications for the rule of law. 

Lord Macdonald, former Director of Public Prosecutions and current member of Matrix Chambers, told the BBC he was alarmed by the government’s “unprecedented” proposals. He said that in so legislating, parliament would “[seize] from judges the right to say who is guilty and who is not guilty.” 

Lord Macdonald added that, “Once the dam was burst,” it would be difficult to predict “how such a process might be used in future.” 

Lord Thomas, Lord Chief Justice from 2013 to 2017, had said, prior to the government’s announcement, that he preferred an approach using “very speedy” appeals through the courts. He said that help could be provided to convicted sub-postmasters who were unfamiliar with court procedure.  

Lord Macdonald suggested it would be possible to implement a “thoroughly expedited” process in the Court of Appeal where prosecutions which concerned the Horizon system would be deemed intrinsically unsafe. 

The business minister Kevin Hollinrake MP told parliament that the government “completely recognises the importance of an independent judicial system,” adding that the plan to overturn convictions was “not a decision [it] could take lightly.” It was, he said, an “exceptional step, [in] exceptional circumstances.” 

Although the proposed legislation may rule out significant court time devoted to the scandal in future, the issue has already generated a number of cases and appeals. 

The highest profile was Bates & others v Post Office Ltd [2019], a Group Litigation Order (GLO) led by Alan Bates, dramatised in the recent ITV drama. The High Court found in favour of the claimants on issues of good faith and transparency in their contracts with the Post Office (Judgment No. 3) and identified multiple problems with the Horizon system (No. 6). A £57.75 million settlement was agreed; the government has now proposed to award an additional £75,000 to each of the GLO claimants. 

Patrick Green KC acted as lead silk for the claimant group in the GLO. Other barristers instructed by the claimants were Kathleen Donnelly and Henry Warwick (both now KCs), and Ognjen Miletic. All appear in Chambers UK Bar’s Group Litigation table. 

The leading commercial silks David Cavender KC and Anthony de Garr Robinson KC appeared for the Post Office. 

The Court of Appeal has heard numerous criminal appeals and has overturned 93 convictions to date.  

In R v Hamilton and others [2021], the Court overturned 39 convictions in a single judgment. Tim Moloney KC acted for the sub-postmasters; the Crown was represented by Ben Douglas-Jones KC and Emma Nash. 

The Inquiry, chaired Sir Wyn Williams, began in 2022 and is currently hearing evidence on the investigations and prosecutions of sub-postmasters which were carried out by the Post Office. The chair is expected to make his final recommendations in 2024.  

Jason Beer KC is Lead Counsel to the Inquiry. 

For information on barristers mentioned in this article as well as others specialising in practice areas relevant to the Post Office scandal, please view our Group Litigation, Crime, and Public Inquiries tables.