CORRESPONDENCE with MORRISON FOERSTER 2014‐16 Part 1
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CORRESPONDENCE WITH MORRISON FOERSTER 2014‐16 Part 1 Letter from Morrison Foerster to the Chair of the Committee of Privileges, 30/10/2014 Letter from the Acting Clerk of the Committee of Privileges to Morrison Foerster, 12/12/2014 Letter from Morrison Foerster to the Chair of the Committee of Privileges, 19/12/2014 Letter from the Clerk of the Committee of Privileges to Morrison Foerster, 23/12/2014 Letter from Morrison Foerster to the Clerk of the Committee of Privileges, 24/12/2014 Letter from the Clerk of the Committee of Privileges to Morrison Foerster, 19/01/2015 Letter from the Clerk of the Committee of Privileges to Morrison Foerster, 23/01/2015 Letter from Morrison Foerster to the Clerk of the Committee of Privileges, 26/01/2015 Letter from the Clerk of the Committee of Privileges to Morrison Foerster, 28/01/2015 Letter from Morrison Foerster to the Clerk of the Committee of Privileges, 28/01/2015 Letter from Morrison Foerster to the Clerk of the Committee of Privileges, 2/02/2015 Letter from the Clerk of the Committee of Privileges to Morrison Foerster, 3/02/2015 Letter from Morrison Foerster to the Clerk of the Committee of Privileges and evidence, 5/02/2015 Letter from the Clerk of the Committee of Privileges to Morrison Foerster, 12/02/2015 Letter from the Clerk of the Committee of Privileges to Morrison Foerster, 13/02/2015 Letter from the Clerk of the Committee of Privileges to Morrison Foerster, 19/02/2015 Letter from Morrison Foerster to the Clerk of the Committee of Privileges, 24/02/2015 Letter from Morrison Foerster to the Chair of the Committee of Privileges, 24/02/2015 Letter from the Chair of the Committee of Privileges to Morrison Foerster, 25/02/2015 Letter from Morrison Foerster to the Clerk of the Committee of Privileges, 25/02/2015 Letter from the Clerk of the Committee of Privileges to Morrison Foerster, 26/02/2015 Letter from Morrison Foerster to the Clerk of the Committee of Privileges, 27/02/2015 Letter from the Clerk of the Committee of Privileges to Morrison Foerster, 2/03/2015 Letter from the Clerk of the Committee of Privileges to Morrison Foerster, 3/03/2015 Letter from Morrison Foerster to the Chair of the Committee of Privileges, 6/03/2015 CITYPOINT MORRISON & F OE R STER (UK) LLP MORRISON I FOERSTER ONE ROPEMAKER SfREET N R W YORK, S A N F RANClSCO, LOS ANGE LES, PA LO A LTO, LONDON EC2Y 9AW A LIMITED LIABILIT Y PARTNERSHIP S A N DI EGO, WAS HI N G TON, D .C. UNITED KINGDOM TOKYO, LON D ON , BRUSSE LS , B EIJ ING , S H ANG HAI, HON G KONG TELEPHONE: +44 20 7920 4000 FACSIMILE: +44 20 7496 8500 WWW.MOFO.COM 30 October 2014 Our ref: Rt Hon Kevin Barron MP Chair of the Committee of Privileges Journal Office House of Commons London SWlAOAA By post and email ([email protected]; [email protected]) Dear Sir, Eleventh Report of Session 2010-2012 from the Culture Media and Sport Committee We refer to your letter of 20 November 2013 which set out, amongst other things, the reasons why the Committee of Privileges had decided to suspend its inquiry and certain advice that it had taken. You will be aware of the outcomes of some of the relevant criminal investigations and prosecutions that have occurred since your letter and you may be aware of recent media speculation in respect of the inquiry. In particular, we noted The Guardian piece of the 20 October 2014 and the comments by a fellow MP in relation to future actions and appropriate procedure. We should be grateful if you would confirm whether the inquiry remains suspended or whether the Committee now intends to move forward. If the inquiry remains suspended it would be helpful to understand the reasons for the continuing suspension and we ask that such reasons are addressed in any response. Alternatively, if the Committee does intend to proceed in any way we would ask for appropriate notice of any proposed procedural steps and we reserve our client's rights to make further representations in respect of any matters ofprocedure, law or fact. Autho rised and regulated by the Solicito rs Reg ulation Authority A list o f P artners o f Morrison & Foerster (UK) LLP, a D elaware Limited Liability Partnership, (registered number 4569482 8100 080747141) is available at o ur offices. lns247851 MORRISON I FOERSTER A LIMITED LIABILITY PARTNERSHIP Rt Hon Kevin Barron MP 30 October 2014 Page Two We look forward to hearing from you. Yours faithfully i\Mvr~ t ~r« Morrison & Foerster (UK) LLP ln-247851 Committee of Privileges Tel .020 7219 4432 Fax 020 7219 5952 Email [email protected] Website www.parliament.uk/privileges From Alda Barry, Acting Clerk of the C0mmittee 12 December 2014 Morrison & Foerster (UK) LLP CityPoint One Ropemaker Street London EC2Y9AW Dear Sirs Re: News International and Phone-hacking Your client: Mr Les Hinton Your ref: The Committee of Privileges has decided to resume its inquiry into the allegations that the Culture, Media and Sport Committee was misled, as set out in its Eleventh Report of 2010 12. I enclose the evidence received so far in the Committee's inquiry. The Committee will write to you shortly, setting out the key points from that evidence, the evidence given to the Culture, Media and Sport Committee, and other evidence in the public domain, particularly that given to the Leveson inquiry, and will invite your comments thereon. The Committee · will then, as set out in the previously published procedure, warn you of any criticisms lt is minded to make, and give your client a further opportunity to co.mment. After a preliminary review of the evidence, the Committee is of the view that it is likely to be content to consider the matter on the basis of written material. However, inquiry subjects have the right to request oral hearings ifthey wish, and the Committee has provisionally set aside the afternoon of Monday 26 January and the morning of Tuesday 27 January for such hearings. These dates will be confirmed in January. To assist us with planning, I would be grateful if you could indicate by 12pm on Monday 5 January 2015 whether or not your client expects to take the opportunity to make oral submissions in January. YIIW) ~I RBJ Alda Barry Acting Clerk of the Committee of Privileges CITYPOINI' MORRISON FOE.RSTE.R (UK) LLP MORRISON I FOERSTER ONE ROPEMAKER STREET NEW YORK, SAN FRANCISCO, LOS ANGE.LE.S, PALO ALTO, LONDON EC2Y 9AW SAN DIE.GO, WASHING'l'ON, D.C. A LIMITED LIABILITY PARTNERSHIP UNITED KlNGDOM 'tOKYO, LONDON, :&RUSSE.LS, BEIJING, SHANGHAI, HONG KONG TELEPHONE +44 20 7920 4000 FACSIJy[[LE +44 20 7496 8500 W\XI\X/.MOFOCOM 19 December 2014 Our ref Rt Hon Kevin Banon MP Chair ofthe Committee ofPii.vileges Journal Office House ofCommons London SWlAOAA By post and email ([email protected]; [email protected]) Dear Sir Eleventh Report of Session 2010-2012 from the Culture Media and Sport Committee We are surprised by the Committee's approach to the inquiry. We do not understand how the Committee can consider itself to be in a position to continue with its inquiry and progress to an oral hearing before it first addresses and responds to the most basic questions about, inter alia, the nature, function, role and scope of the Committee's inquiry. Such fundamental p1i.nciples go to the transparency, fairness and due process of the Committee's inquiry and the Select Committee process as a whole, which 1s particulady important where such committees purport to exercise a penal j mi.sdiction. We wish to understand whether all members of the Committee have considered our submission of 15 August 2012 and, ifso, whether it intends to respond to the impo1tant points made therein. To assist the Committee, we have set out below a number ofissues that we invite the Committee to consider and respond to in full as a matter ofurgency. (Please note that the list is not intended to be an exhaustive list of all the issues that we submit the Committee must address before proceeding to an oral hearing and we reserve the 1i.ght to raise additional questions as may be necessaiy.) Ifthe Committee does not consider that it needs to respond to these issues, please explain why not, giving reasons. Authorised and regulated by the Solicitors Regulation Authority A list of Pattners of Morrison & Foerster (UK) LLP, a Delaware Limited Liability Partnership, (registered number 4569482 8100 080747141) is available at our offices. In-250862 A LIMITED LIABILITY PARTNERSHIP Rt Hon Kevin Barron MP 19 December 2014 Page Two 1. The Nature of the ‘Charge’ against Mr Hinton It is important that we understand precisely what you say Mr Hinton is ‘charged’ with so that he can fully understand the case he has to meet. This is a basic tenet of the rule of law. Accordingly, please could you let us know: 1.1 Precisely what you say Mr Hinton is ‘charged’ with and the jurisdictional basis for the charge. 1.2 The question that the Committee must decide in coming to its determination. 1.3 Whether the House can impose sanctions other than admonishment in the event that the ‘charges’ against Mr Hinton are proven and, if so, what those sanctions are and how they will they operate in practice. 1.4 What Mr Hinton’s redress will be in the event that the ‘charges’ are not proven, particularly in light of the significant reputational harm already caused by the CMS Committee’s report.