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1․ The government launched the Horizon Convictions Redress Scheme (HCRS or the scheme) on 30 July 2024. The scheme was established to deliver financial redress to those postmasters whose convictions were quashed by: 

• the Post Office (Horizon System) Offences Act 2024  
• the Post Office (Horizon System) Offences (Scotland) Act 2024

The scheme is delivered by the Department for Business and Trade (DBT).

2․ Those whose convictions were overturned by the courts, or those who were prosecuted but not convicted or received a caution reliant on Horizon evidence and are not otherwise eligible for the Horizon Shortfall Scheme or Group Litigation Order Scheme, were brought into the HCRS from Post Office’s Overturned Convictions Scheme in June 2025.

3․ The scheme has 2 alternative settlement routes: the fixed sum offer of £600,000 or a detailed assessment.

4․ Where applicants opt for a detailed assessment of their losses but cannot reach bilateral agreement on the settlement value with DBT, they may progress their claim through Alternative Dispute Resolution (ADR). DBT has appointed Dentons as the scheme’s ADR facilitator. Prior to these stages, DBT will have assessed the claim and made an offer of financial redress according to the HCRS Assessment Framework.

5․ There are 2 stages of ADR in the scheme: 

• ADR stage 1: case management and facilitated discussions – engagement facilitated by a neutral party (Dentons) to resolve disputes 
• ADR stage 2: Independent Panel – an independent decision-making body which provides an assessment on any areas of outstanding dispute between DBT and an applicant
  

2. ±Ê³Ü°ù±è´Ç²õ±ðÌý

6․ The Independent Panel (the panel) has been constituted as an independent decision-making body whose objective is to facilitate the resolution of disputes regarding the amount of financial redress payable to HCRS applicants.

7․ The panel is responsible for reaching a decision on the dispute.

3. The panel’s overriding objectives 

8․ HCRS is designed as a remediation scheme intended to avoid the need for litigious or adversarial proceedings. This principle is intended to guide the conduct and approach of the panel during its deliberations.

9․ The panel will apply its independent judgement to individual cases, applying the principles set out in the HCRS assessment framework, subject to the overriding objective of achieving full, fair and swift financial redress.

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

11․ The panel will approach the resolution of disputes with context of the burden placed on the applicant to prove their losses, particularly given the time passed and the nature of the cases. The panel will aim to work with the evidence and submissions already provided by the applicant to support their claim and avoid unnecessary requests for further information.

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12․ The following terms will have the following meanings: 

a. ‘applicant’ means the individual claimant who has been deemed eligible for the scheme – this includes personal representatives where they are authorised to act on behalf of an incapacitated or deceased individual who meets the eligibility criteria of the scheme

‎b. ‘chair’ is the legal expert appointed to the panel or, in their absence, their delegate

‎c. ‘HCRS assessment framework’ is the published set of principles against which DBT will assess claims to the scheme – these are based on ordinary legal principles and guidance from Lord Dyson in an Early Neutral Evaluation regarding non-pecuniary losses

‎d. ‘the panel’ means the Independent Panel as described in this terms of reference 

‎e. the ‘parties’ or ‘party’ means the applicant making the claim and/or DBT, as context requires 

‎f. the ‘scheme’ means the Horizon Convictions Redress Scheme 

‎g. ‘case’ means an individual claim for financial redress brought under the scheme for detailed assessment

5. Composition and governance 

13․ Dentons has responsibility for the appointment of the panel members and the chair. Dentons has identified and instructed the panel. 

14․ The panel members comprise: 

a. legal experts: the panel chair, Sir Gary Hickinbottom, former Court of Appeal judge, and his delegate, Emily Formby KC
b. forensic accounting specialists
c. retail specialists
d. medical specialists

15․ Given the volume of cases, it may be necessary to convene multiple panels. The terms of reference apply to all panel formations.

6. Quorum and decision making 

16․ Panel quorum is one. The panel chair is responsible for deciding which experts are required to provide a recommended resolution to the dispute at hand.  

17․ The panel will use its best endeavours to reach a unanimous agreement in relation to the financial redress to be awarded in the case under consideration by discussing their views and sharing their rationale for individual opinions. Where the issue of liability is referred to the panel and is determined, the panel should also assess the quantum of financial redress appropriate for the issue in dispute. 

18․ When the panel is made up of more than one panel member and the panel members cannot reach consensus on a recommendation, the majority view (being more than 50%) will be treated as the recommendation of the panel. If there is no majority, the panel chair’s view will be treated as the recommendation of the panel. 

19․ The panel chair will make the decision as to whether to make the decision on the papers or through a meeting (virtually or by exception in person).

7. ²Ñ±ð±ð³Ù¾±²Ô²µ²õÌý

20․ Panel meetings will be convened by the panel liaison from Dentons who will have responsibility for the administrative arrangements, including sending meeting invitations and providing meeting room facilities as required.  

21․ The Dentons panel liaison will send the case summary and bundle at least 11 working days prior to the panel meeting. 

22․ The Dentons panel liaison will send written submissions from the parties (DBT and the applicant) at least 7 working days prior to the meeting. 

23․ Panel meetings shall be held remotely (by Microsoft Teams 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. Should any panel member request that a meeting be held in person, the panel chair will determine the appropriateness of such a request, taking into account whether all members are able to make the necessary arrangements to facilitate attendance.

8. Assessment of cases 

24․ The panel will assess claims that are presented to the panel by the panel liaison, who will have assessed that the parties have been unable to reach a mutually acceptable settlement by bilateral negotiations or by facilitated discussion. 

25․ In advance of the panel meeting, the panel liaison will supply the summary of the case and written submissions as at paragraphs 21 to 22. 

26․ The panel in assessing cases will be guided by considerations of fairness and will apply the principles set out in the HCRS assessment framework, subject to the overriding objective of achieving full, fair and swift financial redress and taking a holistic view of the whole claim. Where the dispute at hand relates to the fairness of a principle in the assessment framework, the panel should give their view on the principle. 

27․ Eligible applicants may choose to dispute part of their offer (for example, individual heads of loss). In these cases, the panel is not required to make any decision in respect of the financial redress payable for heads of loss which are agreed between the parties. 

28․ When considering whether further evidence is required, the panel will be mindful that in the HCRS claim form, applicants are asked to confirm that they have made all reasonable searches for evidence and, upon submission of their claim for detailed assessment, that they do not anticipate locating any further evidence. Requests for further evidence should be the exception and should be considerate to the time which has passed, the burden placed on applicants and how much time it might take to gather the information. Further evidence should only be requested if the panel considers it feasible that the information can be gathered, is essential to the panel’s determination and a meaningful assessment of the case. 

29․ The panel will provide its decision in writing following the meeting, issued simultaneously to the parties.

9. ³§±ð³¦°ù±ð³Ù²¹°ù¾±²¹³ÙÌý

30․ Dentons, via the panel liaison, is responsible for procedural and administrative arrangements of the panel. Dentons acts as a neutral party. Dentons is also responsible for liaison with the parties on matters of procedure. 

10. ¹ó±ð±ð²õÌý

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

11. Review and approval 

32․ If any of the panel members deem it necessary to develop new principles or amend the existing principles in the HCRS assessment framework, they should send such a request to the panel liaison, identifying the existing principles which they deem necessary to amend or the new principles they deem necessary to develop, and the reason for this. The panel liaison will then consult all panel members on the proposed amended or new principles. Following this consultation, DBT reserves the right to determine whether and how the principles will be amended or developed. 

33․ This version of the terms of reference was approved by DBT on 4 August 2025.