Whilst the parties have been working hard to try and resolve the claims made by former sub-postmasters for compensation arising out of the overturning of their convictions, one area which has proved challenging is non-pecuniary damages.
These are damages which are not actual financial losses but reflect the impact on the former sub-postmasters lives, such as their mental health or reputation within the community, and penalise POL for its poor conduct.
While there is case law in this area which indicates what likely awards might look like, the current circumstances here are unique.
In order to find a way to resolve this issue POL and a number of the former sub-postmasters, represented by Hudgell Solicitors, have agreed that the issue of non-pecuniary damages should be referred to an early neutral evaluation.
This is a process where a respected evaluator expresses a view on the likely outcome, if the matter were to go to court.
Lord Dyson has kindly agreed to act as the evaluator for this process and the fact that it is without prejudice and confidential allows a more open and less formal process.
While the outcome isn’t binding on the parties, it is hoped that it will allow these issues to be quickly resolved. It is anticipated the evaluation will be concluded by the end of July.
