Premier Medical appointed by Hudgell Solicitors in Post Office Horizon IT case
3rd November 2021
The number of former sub-postmasters successfully clearing their names after the UK’s largest miscarriage of justice is growing and Premier Medical has been chosen to provide independent medical opinions to the largest group now seeking compensation
Premier Medical have been appointed to organise independent reviews of the medical conditions of dozens of sub-postmasters wrongfully convicted as part of the Post Office’s Horizon IT scandal, as they begin pursuing compensation after clearing their names.
The company will work with Hudgell Solicitors, which currently represents more than 100 former sub-postmasters either seeking to overturn criminal convictions for fraud, theft and false accounting, or applying for compensation after the first group of convictions were quashed earlier this year.
Executive chairman Neil Hudgell chose Premier Medical to carry out the medical assessments for his claimants because, he says, “Premier is run by professional people, medically qualified, who have the experience to handle things in the right way and do it properly” for this large and complex case. Premier Medical, the specialist medical reporting division of Kuro Health, is already carrying out reports for sub-postmasters pursuing their claims independently.
“Very simply (to quote from The Winslow Boy), this is about doing right,” says Dr Harry Brünjes, chair of Kuro Health.
Premier Medical’s scale, experience and range of medical expertise will be crucial to addressing the needs of a large group of claimants. It is likely that hundreds more may have their convictions quashed and seek compensation. Premier Medical offers access to over 4,000 medico-legal experts working across all specialisms, supported by both logistical and medical governance. This is a significant asset, since a separate medical report is required for each type of injury, physical or psychological.
“Although this is a collective claim, every case is individual and must be viewed as such. Each claim will have its own psychological and physical conditions specific to each injured party,” explains Dr Brünjes.
Some 52 former sub-postmasters have already had their convictions overturned by the courts and dozens more are preparing to take their cases to the Court of Appeal. In May, the Post Office announced it was contacting a further 540 former workers who may have been convicted as a result of flawed computer evidence, while additional information was being sought in around another 100 cases.
The miscarriages of justice have caused years of stress for the victims and their families, resulting in complex mental health issues for many, including suicide attempts. In some cases, people’s physical health has also suffered, and some have not worked since. After an individual has their case set aside by the Court of Appeal, they can make a civil claim for compensation. One of the key components that determines the level of compensation they will receive is an extensive and sound medical assessment of the impact of the psychological trauma they have experienced.
“The appointed experts will independently assess each case and provide clear reports on the individual’s psychological and physical condition and the impact the Post Office’s case has had on it,” says Dr Brünjes.
The scandal dates back to 2000, when the Post Office began using its private powers of prosecution to convict sub-postmasters of crimes including theft and false accounting after its Horizon accounting system showed unexplained shortfalls or financial discrepancies at their branches. Between 2000 and 2014, the Post Office prosecuted 736 sub-postmasters, based on information from the Horizon computer system. Some were jailed; many were financially ruined. Sub-postmasters were routinely told they were the only person experiencing such issues, when in fact hundreds had faced the same problems.
“These were working-class people earning a basic living serving their local community, who had their businesses closed and got a reputation for being dishonest,” says Mr Hudgell. “We want to get them to the point where they can stop thinking about the Post Office every waking second.”
The Post Office has since apologised for the impact of “historical failures” on sub-postmasters and their families. It is not expected to dispute liability, but cannot be open-handed with taxpayers’ money, so there is likely to be negotiation over the level of the impact or psychological cost of the cases, says Mr Hudgell.
This makes it essential to provide an unequivocal medical opinion which forms part of a “reasonable and proportionate” claim, says Dr Brünjes, referring to the cornerstones of guidance on costs from Lord Woolf, former President of the Court of Appeal’s Civil Division.
Each compensation case is unique and will have multiple strands, including the independent medical assessment, estimated loss of earnings, loss of pension and, in some cases, the cost of bankruptcy proceedings. People who were sent to prison may be entitled to more compensation than those who avoided jail. Some people were subject to confiscation orders and forced to sell their home or use their savings to repay money the Post Office claimed they owed.
As a result, most claims will be “really sizeable” and some could run to seven figures, according to Mr Hudgell.
After the traumatic experience of a criminal conviction, many of the sub-postmasters still have not come forward to apply to have their cases set aside and then to make a claim for compensation, says Mr Hudgell. However, he is encouraged that the numbers are growing as people start to see justice being done.
Back