The Great Post Office Trial Justice Matters Module Assignment Coursework 1, British and Irish Legal Information Institute, UK

You should prepare a video presentation (to last 6 minutes) addressing one of the following three issues arising from the Great Post Office trial. Either A or B or C.
You need to prepare a set of PowerPoint slides to accompany the presentation including a slide containing your references. The easiet way of preparing the video is to record over the slides, save it into MP4 video file then upload the presentation. There is a great deal of information pertaining to the three subjects below, but included below is some suggested reading which you would be urged to read.

You may also upload the slides separately.

A    The recusal application

1.    You should read the following:

Bates v Post Office (No 4) [2019] EWHC 871 (QB)

https://www.bailii.org/ew/cases/EWHC/QB/2019/871.html

Coulson LJ: 

https://www.postofficetrial.com/2019/05/court-of-appeal-recusal-decision.htm

Witness statement of Lord Neuberger: 

https://www.postofficehorizoninquiry.org.uk/sites/default/files/2024-06/witn10650100_0.pdf

Nick Wallis commentary:

https://www.postofficescandal.uk/post/nailing-sir-peter-fraser-the-legal-hit-squad/

2.    Your presentation should address:

a)    What a recusal application is.

b)    Why the Post Office said that it was making the application.

c)    The test for recusal.

d)    The ruling on the application by Mr Justice Fraser.

e)    The ruling on the application by Lord Justice Coulson.

f)    What we have learned about the circumstances in which the application came to be made from the Horizon enquiry.

B    The criminal convictions

1.    You should read the following:

Hamilton v Post Office [2021] EWCA Crim 55
https://www.bailii.org/ew/cases/EWCA/Crim/2021/577.html
Post Office (Horizon Systems) Offences Act 2024: 
https://www.legislation.gov.uk/ukpga/2024/14
https://consoc.org.uk/the-post-office-bill/
https://ukconstitutionallaw.org/2024/06/03/stephen-tierney-the-post-office-horizon-system-offences-act-2024-necessary-remedy-or-unwarranted-interference-with-judicial-independence-stephen-tierney/

2    Your presentation should discuss:

a)    The number of convictions.
b)    The facts of one of the convictions overturned – Seema Misra is a particularly well-known example.
c)    The outcome on appeal including the reasons one of the appeals which did not succeed (one of Cousins, Fell or Hussain).
d)    How the government resolved the issue of the convictions.
e)    What are the constitutional issues raised by the government’s approach?

C    Funding

1.    You should read / listen to the following:

a)    “Our access to justice”: chapter 6 in “Fake Law” (week 2 reading list has link)
b)    Episode 8 of the “Great Post Office Trial” podcast (week 2 reading list has link).
c)    https://www.politico.eu/article/alan-bates-v-post-office-case-inspires-attempted-crackdown-on-uk-legal-funding/
d)    https://www.ft.com/content/0d1125ba-564f-4876-8ae7-151779bdb367
e)    https://www.theguardian.com/commentisfree/article/2024/may/10/post-office-litigation-funders-subpostmasters-corporate-interests
f)    https://instituteforlegalreform.com/blog/itvs-mr-bates-vs-the-post-office-highlights-problematic-tplf-practices/
g)    https://www.globallegalpost.com/news/the-post-office-scandals-far-reaching-impact-on-litigation-funding-2128628694

2.    Your presentation should cover:

a)    What means are there of funding civil litigation in England and Wales?
b)    What is litigation funding and how does it work?
c)    Who provided the funding for the litigation and what share of the settlement did the funder obtain?
d)    What are the arguments for and against litigation funding in the light of the Bates case? 
e)    How has Bates affected the view of litigation funding?