Case A51YJ932 n181 direction questionaire

Under the Civil Procedure Rules parties should make every effort to settle their case before the

hearing. This could be by discussion or negotiation (such as a roundtable meeting or settlement

conference) or by a more formal process such as mediation. The court will want to know what steps

have been taken. Settling the case early can save costs, including court hearing fees.

For legal representatives only

I confirm that I have explained to my client the need to try to settle; the

options available; and the possibility of costs sanctions if they refuse to

try to settle.

1. Given that the rules require you to try to settle the claim before the

hearing, do you want to attempt to settle at this stage?

2. If Yes, do you want a one month stay?

3. If you answered �No� to question 1, please state below the reasons why

you consider it inappropriate to try to settle the claim at this stage.

Reasons:

For all

Your answers to these questions may be considered by the court when it

deals with the questions of costs: see Civil Procedure Rules Part 44.

I confirm

N181 Directions questionnaire (Fast track and Multi-track) (04.14) © Crown copyright 2014

To be completed by, or on behalf of,

who is [1st][2nd][3rd][ ][Claimant][Defendant][Part 20 claimant] in this claim

Directions questionnaire (Fast track and Multi-track)

In the Claim No.

You should note the date by which this questionnaire must be returned and

the name of the court it should be returned to since this may be different

from the court where the proceedings were issued.

If you have settled this claim (or if you settle it on a future date) and do not

need to have it heard or tried, you must let the court know immediately.

If the claim is not settled, a judge will allocate it to an appropriate case

management track. To help the judge choose the most just and cost-

effective track, you must now complete the directions questionnaire.

You should write the claim number on any other documents you send with

your directions questionnaire. Please ensure they are firmly attached to it.

Yes No

A Settlement

Yes No

The court may order a stay, whether or not all the other

parties to the claim agree. Even if you are requesting a

stay, you must still complete the rest of the questionnaire.

More information about mediation, the fees charged and

a directory of mediation providers is available online

from www.civilmediation.justice.gov.uk This service

provides members of the public and businesses with

contact details for national civil and commercial

mediation providers, all of whom are accredited by the

Civil Mediation Council.

Northampton County Court A51YJ932

Mr Douglas Iain Gardiner

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You are expected to comply fully with the relevant pre-action protocol.

Have you done so?

If you have not complied, or have only partially complied,

please explain why.

B1. (High Court only)

The claim has been issued in the High Court. Do you consider it should

remain there?

If Yes, in which Division/List?

If No, in which County Court hearing centre would you prefer the case to

be heard?

B2. Trial (all cases)

Is there any reason why your claim needs to be heard at a court or

hearing centre?

If Yes, say which court and why?

If Yes, what for? (e.g. summary judgment, add another party).

For hearing on

D1. Applications

Have you made any application(s) in this claim?

D2. Track

If you have indicated in the proposed directions a track attached which

would not be the normal track for the claim, please give brief reasons

below for your choice.

B Court

Yes No

Yes No

High Court cases are usually heard at the Royal Courts

of Justice or certain Civil Trial Centres. Fast or multi-track

trials may be dealt with at a Civil Trial Centre or at the

court where the claim is proceeding.

C Pre-action protocols

Yes No

Before any claim is started, the court expects you to have

complied with the relevant pre-action protocol, and to

have exchanged information and documents relevant

to the claim to assist in settling it. To find out which

protocol is relevant to your claim see: www.justice.gov.

uk/guidance/courts-and-tribunals/courts/procedure-

rules/civil/menus/protocol.htm

D Case management information

Yes No

D1. Applications

It is important for the court to know if you have already

made any applications in the claim (or are about to issue

one), what they are for and when they will be heard.

The outcome of the applications may affect the case

management directions the court gives.

D2. Track

The basic guide by which claims are normally allocated

to a track is the amount in dispute, although other

factors such as the complexity of the case will also be

considered. Leaflet EX305 � The Fast Track and the

Multi-track, explains this in greater detail.

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To amend the particulars of claim

D3. Disclosure of electronic documents (multi-track cases only)

If you are proposing that the claim be allocated to the multi-track:

1. Have you reached agreement, either using the Electronic Documents

Questionnaire in Practice Direction 31B or otherwise, about the scope

and extent of disclosure of electronic documents on each side?

2. If No, is such agreement likely?

3. If there is no agreement and no agreement is likely, what are

the issues about disclosure of electronic documents which the

court needs to address, and should they be dealt with at the Case

Management Conference or at a separate hearing?

D4. Disclosure of non-electronic documents (all cases)

What directions are proposed for disclosure?

For all multi-track cases, except personal injury.

(see Civil Procedure Rules Part 31).

Have you agreed a proposal in relation to disclosure that meets the

overriding objective?

If Yes, please ensure this is contained within the proposed directions

attached and specify the draft order number.

Do you wish to use expert evidence at the trial or final hearing?

Have you already copied any experts� report(s) to the other party(ies)?

Do you consider the case suitable for a single joint expert in any field?

None yet obtained

Yes No

D Case management information (continued)

Yes No

Yes No

Yes No

Yes No

E Experts

Yes No

Yes No

There is no presumption that expert evidence is necessary,

or that each party will be entitled to their own expert(s).

Therefore, the court requires a short explanation of your

proposals with regard to expert evidence.

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In accordance with practice Direction 31B form - N264 attached. All documents without exception relating to claimant held by the respondents should be disclosed for inspection.

All non electronic documents without exception relating to claimant held by the respondents should be disclosed for inspection.

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Please list any single joint experts you propose to use and any other experts you wish to rely on.

Identify single joint experts with the initials �SJ� after their name(s). Please provide justification of

your proposal and an estimate of costs.

Expert�s name Field of expertise (e.g. orthopaedic surgeon, surveyor, engineer) Justification for expert and estimate of costs

more than one day

State number of days

E Experts (continued)

G Trial or Final Hearing

Give the best estimate you can of the time that the court

will need to decide this case. If, later you have any reason

to shorten or lengthen this estimate you should let the

court know immediately.

You should only enter those dates when you, your

expert(s) or essential witnesses will not be available to

attend court because of holiday or other commitments.

less than one day

Hrs

one day

F Witnesses

Which witnesses of fact do you intend to call at the trial or final hearing including, if appropriate, yourself?

Witness name Witness to which facts

Are there any days within the next 12 months when you, an expert or an essential witness will not be

If Yes, please give details

Name Dates not available

You should notify the court immediately if any of these dates change.

John BaxevanidisJean-Marc PenelonChristophe TorresBryan Reynolds (PBS)Judge Owen, Dr Tirohl, Mr A EdwardsJudge Harper

Douglas Gardiner

The accidentThe reporting of the accidentPolicy on absence the character of Mr BaxevanidisThe provision of false witness statementsThe Tribunal Hearing Sept 2011The Employment Tribunal cannot award personalinjury compensationPersonal injury

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Do you intend to make any applications in the future?

If Yes, what for?

In the space below, set out any other information you consider will help the judge to manage the claim.

I Other information

Yes No

Do not complete this section if:

1) you do not have a legal representative acting for you

If your claim is likely to be allocated to the Multi-Track form Precedent H

H Costs

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1) TO AMEND THE PARTICULARS OF CLAIM.

Amendment to particulars of claim i) The claimant is seeking an award of provisional damages under either section 32A of the Senior Courts Act 1981 or section 51 of the County Courts Act 1984 as there is chance the claimant will suffer some deterioration in mental condition when f inally withdrawing from medication or on return to a similar working environment. Additional Information to help Judge. 1) As a claimant I do not understand why the particulars of claim disclose no proper cause of action and are defective.2) I simply disagree with the findings of fact of the Bristol Employment Tribunal which include evidence of perjury.3) I still believe that I have been systematically bullied and harassed by all of the respondents.4) However the Tribunal chose to accept the respondents' version of events.5) Therefore, from a previous life experience the logical approach if I misunderstand the literal meaning of bullying and harassment as is my understanding of it in the English language and as the Exsto company handbook "Section 23.1) Harassment on the grounds of sex, race, age, religion, sexual orientation, size, martial status or disability is unacceptable. Harassment is conduct, which is unwanted or offensive to the recipient. It creates an intimidating, hostile or humiliating working environment for the recipient, which can have a damaging effect on both the victim and the whole office environment. The Company will not tolerate any form of harassment (whether or not harassment is carried out by a member of staff more senior to victim) whether the harassment is based on sex, race, age, religion, sexual orientation, size, martial status or disability, or whether it takes the form of general bullying of staff." With the emphasis upon "or whether it takes the form of general bullying of staff." The incident in the eyes of the law and of public interest could be in the alternative considered as an accident.6) The logic has been proven by a public policy decision maker at the DWP.7) Summary: i) An accident has occurredii) The injury has been clearly defined without the need of further expert evidenceiii) The respondents have ignored or concealed and or altered the facts. iv) Minimum compensation is being paid for that accident by the DWP.v) The 1st & 2nd respondents and their insurers are legally responsible for compensating that accident at their premises. vi) As providers of advice the 3rd respondents are jointly responsible. 8) Conclusion: What I ask of the Judge is not to strike out the claims but to decide the amount of damages incurred a n d therefore the compensation due from the respondents whether it be £0.01p or £600,000 it does not matter. What I wish for is fair access to justice, which insofar the courts of England, Scotland and Wales have on all but one occasion denied. 9) As well as the damages incurred. During proceedings amongst many other things I have been refused an employment reference, been called a liar and a serial litigant.From respondents 1 & 2 I seek an employment reference as has been provided to all other former employees and a written apology.From respondents 3 I seek a written apology for suggesting that I am a serial litigant and generally tarnishing my image.

A51YJ932

Please enter your name, reference number and full postal address including details of telephone, DX,

fax or e-mail

If applicable

Telephone no.

Fax no.

DX no.

Your ref.

E-mail

Postcode

Date

You must attempt to agree proposed directions with all other parties. Whether agreed or not a

draft of the order for directions which you seek must accompany this form.

All proposed directions for multi-track cases must be based on the directions at

www.justice.gov.uk/courts/procedure-rules/civil

All proposed directions for fast track cases must be based on CPR Part 28.

J Directions

Signature

[Legal Representative for the ][1st][2nd][3rd][ ]

[Claimant][Defendant][Part 20 claimant]

1 4 0 5 2 0 1 4

Douglas Iain Gardiner1 Place St Jean Lot 10Chateau-Gontier53200FRANCE

07 97 31 72 405

A51YJ932

[email protected]

A51YJ932

- Electronic documents questionnaire (Civil Procedure Rules Practice Direction 31B) (10.10) © Crown copyright 2010

(Civil Procedure Rules Practice Direction 31B)

WARNING: Unless the court makes some other order, the answers given in this document may only be used for the purposes of the proceedings in which the document is produced unless it has been read toor by the court or referred to at a hearing which has been held in public or the Court gives permission orthe party who has completed this questionnaire agrees.

Please read the notes at the end of this form before completing the questionnaire

Extent of a reasonable search

Date range and custodians

What date range do you consider that your searches for Electronic Documents shouldcover (‘the date range’)?

N/A

Identify the custodians or creators of your Electronic Documents whose repositories of documentsyou consider should be searched.

Include names of all those who may have or have had custody of disclosable documents, including secretaries,personal assistants, former employees and/or former participants. It may be helpful to identify different dates for particular custodians.

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Communication

Which forms of electronic communication were in use during the date range(so far as is relevant to these proceedings)?

State the geographical location (if known). Consider (at least) servers, desktop PCs, laptops,notebooks, handheld devices, PDA devices, off-site storage, removable storage media (for example, CD-ROMs, DVDs, USB drives, memory sticks) and databases.

Consider all types of e-mail system (for example, Outlook, Lotus Notes, web-based accounts), whetherstored on personal computers, portable devices or in web-based accounts (for example, Yahoo, Hotmail, Gmail).

For example, instant messaging, voicemail, VOIP (Voice Over Internet Protocol), recorded telephonelines, text messaging, audio files, video files.

A B C D ECommunication In use during

the daterange?(Yes/No)

Are yousearching forrelevantdocuments in this category?(Yes/No)

Where and on whattype of software/equipment/media isthis communicationstored?

(a) Are back-ups orarchives of thiscommunicationavailable; and

(b) if so, are yousearching the back-ups or archives?

i) E-mail

ii) Other(providedetails foreach type)

Electronic Documents

Apart from attachments to e-mails, which forms of Electronic Documents were created or stored byyou during the date range?

State the geographical location (if known). Consider (at least) servers, desktops and laptops.For example, .pdf, .tif, .jpg.

For example, PowerPoint or equivalent, specialist documents (such as CAD Drawings).

A B C D E

DocumentType

In useduring thedaterange?(Yes/No)

Are yousearching forrelevantdocuments in thiscategory?(Yes/No)

Where and on whattype of software/equipment/media arethese documents?

(a) Are back-ups orarchives of thesedocumentsavailable, and

(b) if so, are yousearching theback-ups orarchives?

i) Word (orequivalent -state which)

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ii) Excel (or equivalent -state which)

iii) Electronic Images

iv) Other(statewhich)

Databases of Electronic Documents

In the following table identify database systems, including document management systems, used by you during the date range and which may contain disclosable Electronic Documents.

A B C D E

Name Brief description Nature of dataheld

Are you disclosing documents held in this database?(Yes/No)

Proposals for provision of relevant documents to oraccess by other parties to this litigation

1.

2.

Method of search

Key words

Where Keyword Searches are used in order to identify irrelevant documents which are to be excluded fromdisclosure (for example a confidential name of a client or customer), a general description of the type of search maybe givenDo you consider that Keyword Searches should be used as part of theprocess of determining which Electronic Documents you should disclose?

Yes No

If Yes, please provide details of –

(1) the keywords used or to be used (by reference, if applicable, to individual custodians, creators,repositories, file types and/or date ranges); and

doug, gardiner, grievance, accident, douglas

(2) the extent to which the Keyword Searches have been or will be supplemented by a review of individual documents.

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Other types of automated searches

Do you consider that automated searches or automated techniques otherthan Keyword Searches (for example, concept searches or clustering)should be used as part of the process of determining which Electronic Documents you should disclose?

Yes No

If Yes, please provide details of –

(1) the process(es) used or to be used (by reference, if applicable, to individual custodians,creators, repositories, file types and/or date ranges);

(2) the extent to which the processes have been or will be supplemented by a review of individualdocuments; and

(3) how the methodology of automated searches will be made available for consideration by otherparties.

If the answer to Question 6 or 7 is ‘Yes’, state whether (a) attachments to e-mails (b) compressedfiles (c) embedded files and (d) imaged text will respond to your Keyword Searches or otherautomated search.

Are you using or intending to use computer software for other purposes in relation to disclosure?

Yes No

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If Yes, please provide details of the software, processes andmethods to be used.

Potential problems with the extent of search and accessibility of Electronic Documents

See Practice Direction 31B, which refers to the following matters which may be relevant: (a) the number of documents involved; (b) the nature and complexity of the proceedings; (c) the ease and expense of retrieval of anyparticular document; (d) the availability of documents or contents of documents from other sources; and (e) the significance of any document which is likely to be located during the search.Do any of the sources and/or documents identified in this ElectronicDocuments Questionnaire raise questions about the reasonableness ofthe search which ought to be taken into account?

Yes No

If Yes, please give details.

Are any documents which may be disclosable encrypted, password-protected or for other reasons difficult to access, or do you have anyreason to believe that they may be?

Yes No

If Yes, please state which of the categories identified at Questions 3, 4 and 5 above are affected,and your proposals for making them accessible.

For example, back-ups, archives, off-site or outsourced document storage, documents created by formeremployees, documents stored in other jurisdictions, documents in foreign languages.

Are you aware of any other points in relation to disclosure of yourElectronic Documents which require discussion between the parties?

Yes No

If Yes, please give details.

Preservation of Electronic Documents

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Do you have a document retention policy? Yes No

If Yes, please give details

Have you given an instruction to preserve Electronic Documents? Yes No

If Yes, when did you do so?

Inspection

Subject to re-consideration after receiving the responses of other parties to this ElectronicDocuments Questionnaire, (a) in what format and (b) on what media do you intend to provide to other parties copies of disclosed documents which are or will be available in electronic form?

Subject to re-consideration after receiving the responses of other partiesto this Electronic Documents Questionnaire, do you intend to provideother parties with Disclosure Data electronically?

Yes No

If Yes, in what format and on what media?

Insofar as you have available or will have available searchable OCR versions of Electronic Documents, do you intend to provide the searchable OCR version to other parties?

Yes No

There is no requirement that you should obtain OCR versions of documents, and this question is directed only to OCR versions which you have available or expect to have available to you. If you do provide OCR versions to anotherparty, they will be provided by you on an ‘as is’ basis, with no assurance to the other party that the OCR versions arecomplete or accurate. You may wish to exclude provision of OCR versions of documents which have been redacted.

If No, why not?

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The extent and content of their search

Do you at this stage have any proposals about the date ranges whichshould be searched by other parties to the proceedings?

Yes No

If Yes, please provide details.

June 2006 - Present

Do you at this stage have any proposals about the custodians or creatorswhose repositories of documents should be searched for disclosable documents by other parties to the proceedings?

Yes No


Include names of all those who may have or have had custody of disclosable documents, including secretaries,personal assistants, former employees and/or former participants. It may be helpful to identify different dates for particular custodians.John Baxevanidis, Jean-Marc Penelon, Christophe Torres, Laurie Galland, John Lewis, Vincent Bezard, Brian Reynolds, Carly Taylor, [email protected], [email protected], [email protected],[email protected], [email protected]

Do you consider that the other party(ies) should disclose all availableMetadata attaching to any documents?

Yes No

If Yes, please provide details of the documents or categories of documents.

‘Metadata’ is information about the document or file which is recorded in the computer, such as the date and timeof creation or modification of a word-processing file, or the author and the date and time of sending of an e-mail. Thequestion is directed to the more extensive Metadata which may be relevant where for example authenticity is disputed.

Proposals for the method to be adopted for their searches

Do you at this stage have any proposals about the Keyword Searches, orother automated searches, which should be applied by other parties totheir document sets?

Yes No


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mailto:[email protected]






Inspection

Subject to re-consideration after receiving the responses of other parties to this ElectronicDocuments Questionnaire, (a) in what format and (b) on what media do you wish to receive copies of disclosed documents which are or will be available in electronic form?

a) pdf, word, e-mail.b) USB key, ftp server

Subject to re-consideration after receiving the responses of other partiesto this Electronic Documents Questionnaire, do you wish to receiveDisclosure Data electronically?

Yes No

If Yes, in what format and on what media?

a) pdf, word, e-mail.b) USB key, ftp server

STATEMENT OF TRUTH

*[I believe] [The [claimant] [defendant] believes] that the facts stated in the answers to thisElectronic Documents Questionnaire are true.

*I am duly authorised by the [claimant] [defendant] to sign this statement.

Full name Douglas Iain Gardiner

Name of legal representative’s firm

Signed

Position or office held(if signing on behalf of firm or company)

Date 30/04/2014

*delete as appropriate

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Technical expressions as defined in Civil Procedure Rules, Practice Direction 31B are:

(a) “Data sampling” means the process of checking data by identifying and checkingrepresentative individual documents;

(b) “Disclosure Data” means data relating to disclosed documents, including for example the typeof document, the date of the document, the names of the author or sender and the recipient,and the party disclosing the document;

(c) “Electronic Document” means any document held in electronic form. It includes, for example,e-mail and other electronic communications such as text messages and voicemail, word-processed documents and databases, and documents stored on portable devices such asmemory sticks and mobile phones. In addition to documents that are readily accessible fromcomputer systems and other electronic devices and media, it includes documents that arestored on servers and back-up systems and documents that have been deleted. It also includes Metadata and other embedded data which is not typically visible on screen or a print out;

(d) “Electronic Image” means an electronic representation of a paper document;

(e) “Electronic Documents Questionnaire” means the questionnaire in the Schedule to thisPractice Direction;

(f) “Keyword Search” means a software-aided search for words across the text of an ElectronicDocument;

(g) “Metadata” is data about data. In the case of an Electronic Document, Metadata is typicallyembedded information about the document which is not readily accessible once the NativeElectronic Document has been converted into an Electronic Image or paper document. It mayinclude (for example) the date and time of creation or modification of a word-processing file, orthe author and the date and time of sending an e-mail. Metadata may be created automaticallyby a computer system or manually by a user;

(h) “Native Electronic Document” or “Native Format” means an Electronic Document stored in the original form in which it was created by a computer software program; and

(i) “Optical Character Recognition (OCR)” means the computer-facilitated recognition of printedor written text characters in an Electronic Image in which the text-based contents cannot besearched electronically.

The questions in the Electronic Documents Questionnaire are not intended to give rise to anyimplication about how disclosure should or should not be carried out. They are intended only to provide information to other parties and to the court.

Further facts and matters may come to parties’ attention over the course of the proceedings whichaffect the answers to the Electronic Documents Questionnaire. Where detailed information is notyet available at the time the Electronic Documents Questionnaire is first answered, parties should give such information as they can, and supplement or amend their answers when furtherinformation is available. Answers should be updated by notifying other parties and the court withoutundue delay, and in any event before each case management conference at which disclosure is likely to be considered.

Some of the questions in the Electronic Documents Questionnaire require only a brief answerwhich may need to be elaborated after Electronic Documents Questionnaires have beenexchanged. The purpose of such questions is to assist the parties in identifying the points whichmay require elaboration in order for meaningful discussions to take place between them.

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Questions which refer to sources of Electronic Documents that are not considered to be relevantmay be answered with a statement to that effect.

Questions about ‘your’ documents and about software, hardware or systems used by ‘you’ are directed, in the case of solicitors, to the solicitor’s lay client’s documents or to documents preparedon the lay client's behalf.

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Case A51YJ932 n181 direction questionaire

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