Guidance

Terms of reference of the GLO scheme independent panel

Updated 15 September 2025

The government announced the ex-gratia Group Litigation Order (GLO) Compensation Scheme (‘the scheme’) on 22 March 2022 with the objective of ensuring postmasters who were part of the GLO and not eligible to seek redress from the Post Office have access to fair redress for their Horizon-related losses. The Scheme will be run and delivered by the Department for Business and Trade (DBT). The terms of the scheme are described in its guidance and principles (‘the guidance’).

A․ Overriding objective

1․ The Independent Panel (‘the panel’) will apply its independent judgement to individual cases, applying the guidance subject to the overriding objective of achieving full and fair compensation.

2․ Where claims are referred to the panel, it will aim to assess eligible claims in a timely manner having regard to the need to ensure sufficient care and consideration is given to each claim to provide a fair assessment.

B․ Preliminary Issue Referrals

3․ The preliminary issue referrals process is a self-contained process and, therefore, the provisions set out in paragraphs 15 to 39 and 43 to 51 do not apply to this process.

4․ Dentons will have responsibility for determining whether a claim ought to be referred to a member of the panel for the determination of a preliminary issue (‘a referral’). A preliminary issue should be capable (or potentially capable) of deciding liability on all or most heads of loss subject to challenge (for example a causation issue).

5․ Where Dentons determines that a referral should be made, Dentons will refer the claim to one member of the panel with the requisite expertise to determine the preliminary issue (‘the member’). Dentons will have responsibility for determining to whom the referral should be made.

6․ When a referral is made, Dentons will invite the parties to agree a preliminary issue question (question) or list of questions to be referred to the member.

7․ If the parties are unable to agree the question(s), Dentons will invite the parties to provide comments on the question(s) they wish for the member to consider and will instruct the member to decide the question(s) which will form the scope of the referral.

8․ Dentons will provide the member with the supporting materials (excluding written submissions prepared by each party) necessary to consider the claim at least 15 working days before the date by which the member must provide their written decision in respect of the question(s). The written submissions of the parties will be provided upon their receipt by Dentons and at least 10 working days before the date by which the member must provide their written decision in respect of the question(s).

9․ The member will apply their independent judgement, guided by the guidance, when making a decision on the question(s).

10․ Within 10 working days of receipt of the parties’ written submissions, the member will send a written, binding decision to the Dentons Panel and Reviewer Liaison (the P&R Liaison) who will send this to the parties. The member’s decision on the question(s) will be final.

C․ Composition and governance

Membership

11․ Dentons will have responsibility for the appointment of panel members and will identify and instruct the panel.

12․ The pool of panel members shall comprise:

• legal specialists (for example, a senior barrister such as a King’s Counsel (KC))
• forensic accounting specialists
• retail specialists
• medical specialists

13․ Given the volume of claims, it may be necessary to convene multiple panels, all of which will meet the terms of reference (ToR) as set out here.

14․ Should multiple panels be required, it is expected that all panel members will have similar levels of qualifications and experience in their respective fields.

Quorum and decision-making

15․ Subject to paragraph 17, a panel meeting will only be quorate when a minimum of 3 panel members are present (in person or remotely) comprising at least a combination of a legal specialist, a forensic accounting specialist and either a retail specialist or a medical specialist, depending on the specifics of the case.

16․ Dentons shall have responsibility for determining the composition of the panel and may determine that the expertise of fewer than 3 panel members is required to make a panel decision.

17․ If Dentons determines that the expertise of fewer than 3 panel members is required to make a panel decision the quorum for such meetings may be fewer than 3 panel members.

18․ If Dentons determines that the expertise of fewer than 3 panel members is required to make a panel decision, Dentons will have sole responsibility for determining the panel member(s) instructed on such cases, but will:

a. obtain the input of the panel member(s) instructed to determine whether they consider that the expertise of (an) other panel member(s) is required

b. notify the parties of Dentons’ intention to refer the claim to fewer than 3 panel members and provide an opportunity for the parties to object

19․ In the event that either party objects to the claim being referred to fewer than 3 panel members in accordance with paragraph 18.b, Dentons will instruct a legal panel member to make a decision regarding the composition of the panel.

20․ The panel will use its best endeavours to reach a unanimous agreement in relation to the compensation to be awarded to each claimant by discussing their views and sharing their rationale for their individual opinions.

21․ In the exceptional circumstance where a majority decision cannot be reached as to the simple quantified outcome (including an outcome of no compensation) in relation to any head of loss within a claim, the amount of the outcome shall be the simple average of the decision of each panel member as to the relevant amount of compensation.

Single panel member referrals

22․ In cases where Dentons instructs a single panel member (the ‘single member’) pursuant to paragraph 16, paragraphs 31 to 39 and 44 to 48 will not apply.

23․ The single member will be provided with the supporting materials (excluding written submissions prepared by each party and the claimant’s written statement (if such a statement is to be provided)) necessary to consider the claim at least 11 working days before the date on which the single member is to provide their decision to Dentons. The written submissions of the parties and the written statement of the claimant (if such a statement is provided) will be provided upon their receipt by Dentons and at least 7 working days before the date on which the single member is to provide their decision to Dentons.

24․ If the single member considers that further evidence (which may include expert evidence amongst any other types of available evidence) is necessary to enable them to reach a decision, the single member can request further evidence to be sought by the claimant or DBT in accordance with the procedure set out in paragraphs 25 and 26 (as applicable). Any additional expert evidence sought will be done so in accordance with the agreed Tariff of Reasonable Legal Costs.

25․ If, in the exceptional circumstance, it becomes apparent that the single member is unable to form a view on the entirety of the eligible claim without further evidence, the P&R Liaison will seek the single member’s confirmation to adjourn the deadline by which the single member is required to provide their decision pending receipt of further evidence or the expiry of the deadline for providing this information. The P&R Liaison will inform the parties and will request that further evidence is provided by a specified date.

26․ If the single member requires further evidence in relation to a discrete head(s) of loss but the single member has sufficient information to form an initial view regarding the other heads of loss, the single member should either:

a. provide their initial view on the heads of loss they are able to provide a view on and may choose to provide no view in relation to the head(s) of loss they require further information in respect of; or

b. delay the issuance of its initial view pending receipt of the further information requested from the parties where they deem that this would result in a fairer outcome

The P&R Liaison will then seek this further evidence from the parties.

27․ In relation to the first panel decision, the single member will send a summary of their non-binding assessment and outcome and brief reasons that clearly explain the assessment to the P&R Liaison who will then issue the letter to the parties.

28․ In relation to the second panel decision (if required), the single member will send a written, binding decision to the P&R Liaison who will then issue the decision to the parties.

Claimant’s oral submissions and written statement

29․ Claimants have the right to make oral submissions to the panel or single member (as applicable), which are not to exceed one hour and will be made remotely, prior to the panel’s first and second meetings (or, in the case of single panel member referrals, prior to the date on which the single member is to provide their first and second decision to Dentons). This right can be exercised by either the claimant themself or their legal representative. These oral submissions should be limited to the claimant’s specific claim and the panel or single member should disregard any wider issues raised by the claimant in relation to the scheme, save where they may have direct relevance to the claimant’s claim.

30․ In the event that a claimant does not wish to make oral submissions to the panel or single member, either because the claimant’s legal representative will be making these submissions or because no oral submissions will be made, the claimant is at liberty to submit a written statement for consideration by the panel or single member. This written statement should be limited to 5 pages in length and should be submitted to Dentons with the claimant’s written submissions.

Meetings

31․ Panel meetings are to be convened by the P&R Liaison who shall also have responsibility for the administrative arrangements, including sending meeting invitations and providing meeting room facilities as required.

32․ For each claim the panel considers, it will be provided with the supporting materials (excluding written submissions prepared by each party and the claimant’s written statement (if such a statement is to pe provided)) necessary to consider the claim at least 11 working days before the first panel meeting at which it is to be considered. The written submissions of the parties and the written statement of the claimant (if such a statement is provided) will be provided upon their receipt by Dentons and at least 7 working days before the first panel meeting.

33․ Notice of each panel meeting will be given to the relevant panel members at least 11 working days before the panel meeting.

34․ Panel meetings shall be held remotely (by telephone or other electronic means), so long as all participants can contribute to the meeting simultaneously, save in exceptional circumstances which require that the panel hold the meeting in person. If any attending panel member wishes the panel meeting to be held in person, they must send a written request to Dentons 4 working days prior to the meeting. Dentons will consider any request from an attending panel member to hold the meeting in person and will make a decision as to the appropriateness of that request (which will include a consideration of whether the panel members are able to make arrangements to comply with that request). A standing secretariat to the panel (the P&R Liaison) will be provided by Dentons.

35․ The panel will aim to convene on a weekly basis following the commencement of the scheme, with ad hoc or additional standing meetings to take place as required and subject to the agreement of the panel members. This frequency is subject to review in the light of the number of cases expected to require panel review.

36․ In reviewing the claim, the panel will follow the assessment of claims process as set out at paragraphs 40 to 43.

37․ In relation to the first panel meeting, the P&R Liaison will prepare a letter for each respective claim which records:

a. the Panel’s non-binding assessment and outcome

b. brief reasons that clearly explain the assessment, as decided by the Panel at the meeting

38․ The P&R Liaison will then send the letter to the panel’s legal specialist for approval within 5 working days of the meeting. After receiving approval from the panel’s legal specialist, the allocated Claims Facilitator from Dentons (the ‘Claims Facilitator’) will then issue the letter to the parties.

39․ In relation to the second panel meeting (if required), within 5 working days of the second panel meeting, the panel will send a written, binding decision to the P&R Liaison who will then send this to the Claims Facilitator to be issued to the parties.

D․ Assessment of claims

40․ The panel will asses claims that:

a. are eligible for the scheme

b. are presented to the panel by the P&R Liaison

41․ On referral of the claim to the Claims Facilitator Panel, the P&R Liaison will set out the parties’ positions on each issue, as refined in the light of the discussions facilitated by Dentons, and present them to the panel (in a user-friendly format that has been agreed with DBT). The panel will also receive a copy of the relevant claimant’s claim application form and other supporting materials (as referred to at paragraph 32).

42․ The panel in assessing claims will be guided by considerations of fairness and will apply the principles set out in the guidance, subject to the overriding objective of achieving full and fair compensation and taking a holistic view of the claim.

43․ When assessing the compensation payable in respect of the heads of loss for a particular claim, panel members constituted for that claim should focus on those heads of loss where there are areas of disagreement between the parties. Where a claimant is legally represented, the panel is not required to make any decision in respect of the compensation payable for heads of loss which are agreed between the parties, but has the discretion to do so if it deems necessary.

44․ If the panel considers that further evidence (which may include expert evidence amongst any other types of available evidence) is necessary to enable it to reach a decision, the panel can request further evidence to be sought by the claimant or DBT in accordance with the procedure set out in paragraphs 45, 45 and 47 (as applicable). Any additional expert evidence sought will be done so in accordance with the agreed Tariff of Reasonable Legal Costs.

45․ If in the exceptional circumstance, upon receipt of instructions in relation to an eligible claim, any panel member considers that they are unable to form a view on a head of loss that they have the expertise for without further evidence, the panel member should notify the P&R Liaison as soon as possible. The P&R Liaison will then communicate this to the other panel members allocated to the claim in order to determine whether there are any other heads of loss which any other panel member considers they are unable to form a view on without further evidence and whether the panel can form a view on any heads of loss of the particular claim.

46․ If, in the further exceptional circumstance, it becomes apparent that the panel are unable to form a view on the entirety of the eligible claim without further evidence, the P&R Liaison will write to the panel members constituted for that claim and will seek agreement on the adjournment of the first panel meeting pending receipt of further evidence. If agreement is not reached on the adjournment prior to the first panel meeting, this should be discussed by the panel as the first agenda item during the first panel meeting and if required, a vote should take place on the adjournment of the meeting. Each panel member shall have one vote and the first panel meeting will be adjourned if at least 2 panel members vote to adjourn the panel meeting. If the first panel meeting is adjourned, the P&R Liaison will inform the parties and will request that this further evidence is provided by a specified date. The first panel meeting will be adjourned until the sought evidence has been provided or the deadline to provide this information has passed.

47․ If the panel requires further evidence in relation to a discrete head/s of loss but the panel has sufficient information to form an initial view regarding the other heads of loss, the panel should:

a. provide its initial view on the heads of loss it is able to provide a view on and may choose to provide no view in relation to the head/s of loss it requires further information in respect of; or

b. delay the issuance of its initial view pending receipt of the further information requested from the parties where it deems that this would result in a fairer outcome

The P&R Liaison will then seek this further evidence from the parties.

48․ For cases going to a second and final panel meeting, Dentons will use best endeavours to ensure that it is considered by the same members of the panel as at the initial meeting.

E․ Clarification process following the first panel decision

49․ If, following receipt of the first panel decision letter referred to at paragraphs 27, 37 and 38, DBT requires further clarification from the panel before making its offer to ensure that it is not making payment where it does not have the funding powers to do so, its legal representatives may submit clarification questions to Dentons.

50․ Dentons will have responsibility for determining whether the clarification questions are appropriate for referral to the panel. For the avoidance of doubt, Dentons will not refer clarification questions to the panel which include any submissions, comments or leading questions which put forward a particular position.

51․ In the event that Dentons refers clarification questions to the panel, the panel should endeavor to provide a response as soon as possible.

F․ Fees

52․ DBT is liable for the panel’s fees and disbursements.

G․ Review and approval

53․ If either DBT or any of the panel members deem it necessary to develop new principles or amend existing principles set out in the guidance and/or these ToR, they should send such a request to the P&R Liaison Lead, identifying the existing principle(s) which they deem necessary to amend or the new principle(s) they deem necessary to develop, and the reason for this. The P&R Liaison Lead will then consult all panel members on the proposed amended or new principle(s). Following this consultation, DBT reserves the right to determine whether and how the principle(s) will be amended or developed.

54․ This version of the ToR was approved by DBT on 12 September 2025.