Sub postmasters to file lawsuit against the Post Office

Tuesday 12th January 2021 08:55 EST
 

On 10th January, it emerged that dozens of sub-postmasters were preparing to launch lawsuits for against the Post Office in what is often referred to as the “greatest miscarriage of justice”.

According to Financial Times, six sub-postmasters cleared their names last month when Southwark Crown Court quashed their convictions for fraud and false accounting. Now, additional 47 sub-postmasters are expected to be heard in March with the Court of Appeal likely to decide whether to overturn their convictions. 

The Post Office had accused hundreds of postmasters of theft over charges of missing money despite substantial evidence noting the failings of the Horizon computer and IT system. They were accused of theft as they were considered to be the only authority with control of their Horizon account. Hundreds of them were fired, terminated, or wrongfully convicted. Some were even imprisoned while some died of suicide. Many sub-postmasters were forced to repay thousands of pounds to cover the alleged shortfalls, while others faced bankruptcy or even prison sentences. The Post Office had earlier last year stated that it would not contest 44 out of the 47 appeals due to be heard in March, which have been referred by the Criminal Cases Review Commission.

This makes it more likely that Court of Appeal judges will overturn the convictions.  If acquitted, the sub-postmasters plan to immediately launch their own High Court civil lawsuits for malicious prosecution against the Post Office. A malicious prosecution lawsuit is usually brought by individuals who have been acquitted who must demonstrate that the prosecution was brought without reasonable cause and maliciously.  After more than 900 prosecutions, when 550 sub-postmasters raised civil actions against the Post Office, £57.75mn was awarded as financial compensation. But after deduction of all the overheads the postmasters had just £11m. Now, the Post Office has assured that all the postmasters will be entitled to claim civil compensation because their convictions are being overturned and will be compensated as quickly as possible. Yet, the amount is unknown.


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