Letter from Bindmans to HPC Monday 20th Dec 2010

Dear Ms McIntyre,

Thank you for your confirmation of the arrangements for filing the draft Order.

I write on a related matter of considerable concern to my clients. It is that, following their agreement to your client’s proposal for an extension of time to enable a dialogue to take place about whether this claim might be settled, they became aware of a blog entry posted by Ms van de Gaag, the text of which is reproduced below.

The blog is objectionable on a number of levels. It presents the HPC’s arguments highly selectively; nothing is said of its contention that my clients’ case was unarguable, which was roundly rejected. It does not report the Judge’s actual decision on delay which was that there had been none and, in any event, that my client’s and others had been actively misled by the HPC about what was, and what was not, under consideration. It trivialises a case which the Judge described as “important” as a technical dispute about “points of law”. Fundamental questions about whether the HPC exceeded its legal powers are characterised as ephemera (“who did what and when and according to which process or guidance or directive”). It positively asserts that my clients’ complaints should be directed at the government, notwithstanding that very argument being rejected by the Judge. Last, it inaccurately describes progress in working relationships and development of standards, when the reality is that views on these matters remain polarized. One of the reasons for that is that the PLG has a narrow membership and has taken no meaningful steps to engage with those professionals who hold different views.

Had my clients been aware of the blog at the time they were considering your proposal for an extension of time, it is very unlikely they would have agreed to one. That is because, despite the nod to seeking common ground, the remainder of its contents suggest that the HPC’s position is entrenched and defiant (e.g. “[w]e can and probably will continue to argue”) rather than constructive and conciliatory.

My clients have no intention of responding in kind. They would like the blog removed from the HPC’s website immediately, however. When considering whether to not to agree to that request, your client should bear in mind the impact that refusing to agree to this reasonable request will have on the prospects for success in negotiations which, I remind you, it has sought.

I hope to receive confirmation the blog has been removed by close of business today.

Yours sincerely,


John Halford
Bindmans LLP