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 bydiscussion 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. IfYes, do you want a one month stay?
3. If youanswered‘No’to question1, 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
N181Directions 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.
Youshould notethe dateby whichthisquestionnairemustbe returnedand
the nameof thecourt itshould bereturned tosince this may be different
fromthe court where the proceedings wereissued.
Ifyou have settled thisclaim(orif yousettle itona future date)and do not
need tohaveit heard or tried, youmustletthecourtknow immediately.
Iftheclaimis notsettled, ajudge willallocateit toanappropriatecase
managementtrack.Tohelp thejudge choosethemostjustandcost-
effective track, youmustnowcompletethedirections questionnaire.
Youshould writetheclaimnumberonany otherdocumentsyou send with
your directionsquestionnaire.Pleaseensurethey are firmlyattached toit.
Yes No
A Settlement
Yes No
The court may order a stay, whether or not all theother
parties to the claim agree. Evenifyou are requesting a
stay, you must stillcomplete the restofthequestionnaire.
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 nationalcivil and commercial
mediation providers, all of whom are accredited by the
CivilMediation Council.
Northampton County Court A51YJ932
Mr Douglas Iain Gardiner
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A51YJ932

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 hearingcentre would you prefer the case to
be heard?
B2. Trial(allcases)
Is there any reason why your claim needs to be heard at a court or
hearing centre?
IfYes, say which court and why?
IfYes, what for?(e.g. summary judgment, add another party).
For hearingon
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 casesare usually heard at the Royal Courts
of Justice or certain CivilTrialCentres.Fast or multi-track
trials may be dealt with at a CivilTrial Centre or at the
court where the claimis 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 willbe 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 FastTrackand the
Multi-track, explains this in greater detail.
4
4
4
To amend the particulars of claim

D3. Disclosure of electronicdocuments(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 andno 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-electronicdocuments (allcases)
What directions are proposed for disclosure?
Forall multi-trackcases, except personalinjury.
(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 considerthe 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
Thereisno presumptionthat expertevidenceisnecessary,
orthateachpartywillbeentitledto theirownexpert(s).
Therefore,thecourtrequiresashortexplanationofyour
proposalswithregardto expertevidence.
4
4
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.
4
4
4
A51YJ932

Please list any single joint experts youpropose 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.orthopaedicsurgeon,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 Baxevanidis
Jean-Marc Penelon
Christophe Torres
Bryan Reynolds (PBS)
Judge Owen, Dr Tirohl, Mr A Edwards
Judge Harper
Douglas Gardiner
The accident
The reporting of the accident
Policy on absence the character of Mr Baxevanidis
The provision of false witness statements
The Tribunal Hearing Sept 2011
The Employment Tribunal cannot award personal
injury compensation
Personal injury
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5
A51YJ932

Do you intend to make any applications in the future?
IfYes, 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 thissectionif:
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
4
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 occurred
ii) The injury has been clearly defined without the need of further expert evidence
iii) 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 and
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 nota
draft ofthe order for directionswhichyou seek must accompany thisform.
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 Gardiner
1 Place St Jean Lot 10
Chateau-Gontier
53200
FRANCE
07 97 31 72 405
A51YJ932
d09l45@gmail.com
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 to
or by the court or referred to at a hearing which has been held in public or the Court gives permission or
the 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 should
cover (‘the date range’)?
N/A
Identify the custodians or creators of your Electronic Documents whose repositories of documents
you 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.
A51YJ932

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), whether
stored 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 telephone
lines, text messaging, audio files, video files.
A B C D E
Communication In use during
the date
range?
(Yes/No)
Are you
searching for
relevant
documents in
this category?
(Yes/No)
Where and on what
type of software/
equipment/media is
this communication
stored?
(a) Are back-ups or
archives of this
communication
available; and
(b) if so, are you
searching the back-
ups or archives?
i) E-mail
ii) Other
(provide
details for
each type)
Electronic Documents
Apart from attachments to e-mails, which forms of Electronic Documents were created or stored by
you 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
Document
Type
In use
during the
date
range?
(Yes/No)
Are you
searching for
relevant
documents in this
category?
(Yes/No)
Where and on what
type of software/
equipment/media are
these documents?
(a) Are back-ups or
archives of these
documents
available, and
(b) if so, are you
searching the
back-ups or
archives?
i) Word (or
equivalent -
state which)
A51YJ932

ii) Excel (or
equivalent -
state which)
iii) Electronic
Images
iv) Other
(state
which)
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 data
held
Are you disclosing
documents held in
this database?
(Yes/No)
Proposals for provision of
relevant documents to or
access 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 from
disclosure (for example a confidential name of a client or customer), a general description of the type of search may
be given
Do you consider that Keyword Searches 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 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.
A51YJ932

Other types of automated searches
Do you consider that automated searches or automated techniques other
than 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 individual
documents; and
(3) how the methodology of automated searches will be made available for consideration by other
parties.
If the answer to Question 6 or 7 is ‘Yes’, state whether (a) attachments to e-mails (b) compressed
files (c) embedded files and (d) imaged text will respond to your Keyword Searches or other
automated search.
Are you using or intending to use computer software for other purposes in
relation to disclosure?
Yes No
A51YJ932

If Yes, please provide details of the software, processes and
methods 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 any
particular 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 Electronic
Documents Questionnaire raise questions about the reasonableness of
the 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 any
reason 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 former
employees, documents stored in other jurisdictions, documents in foreign languages.
Are you aware of any other points in relation to disclosure of your
Electronic Documents which require discussion between the parties?
Yes No
If Yes, please give details.
Preservation of Electronic Documents
A51YJ932

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 Electronic
Documents 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 parties
to this Electronic Documents Questionnaire, do you intend to provide
other 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 another
party, they will be provided by you on an ‘as is’ basis, with no assurance to the other party that the OCR versions are
complete or accurate. You may wish to exclude provision of OCR versions of documents which have been redacted.
If No, why not?
A51YJ932

A51YJ932

The extent and content of their search
Do you at this stage have any proposals about the date ranges which
should 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 creators
whose 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, mail@dunlaw.com, mail@exsto.uk.com, mail@exsto.com,
mail@peninsula-uk.com, mail@amlin-insurance.co.uk
Do you consider that the other party(ies) should disclose all available
Metadata 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 time
of creation or modification of a word-processing file, or the author and the date and time of sending of an e-mail. The
question 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, or
other automated searches, which should be applied by other parties to
their document sets?
Yes No
A51YJ932

Inspection
Subject to re-consideration after receiving the responses of other parties to this Electronic
Documents 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 parties
to this Electronic Documents Questionnaire, do you wish to receive
Disclosure 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 this
Electronic 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
A51YJ932

Technical expressions as defined in Civil Procedure Rules, Practice Direction 31B are:
(a) “Data sampling” means the process of checking data by identifying and checking
representative individual documents;
(b) “Disclosure Data” means data relating to disclosed documents, including for example the type
of 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 as
memory sticks and mobile phones. In addition to documents that are readily accessible from
computer systems and other electronic devices and media, it includes documents that are
stored 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 this
Practice Direction;
(f) “Keyword Search” means a software-aided search for words across the text of an Electronic
Document;
(g) “Metadata” is data about data. In the case of an Electronic Document, Metadata is typically
embedded information about the document which is not readily accessible once the Native
Electronic Document has been converted into an Electronic Image or paper document. It may
include (for example) the date and time of creation or modification of a word-processing file, or
the author and the date and time of sending an e-mail. Metadata may be created automatically
by 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 printed
or written text characters in an Electronic Image in which the text-based contents cannot be
searched electronically.
The questions in the Electronic Documents Questionnaire are not intended to give rise to any
implication 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 which
affect the answers to the Electronic Documents Questionnaire. Where detailed information is not
yet 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 further
information is available. Answers should be updated by notifying other parties and the court without
undue 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 answer
which may need to be elaborated after Electronic Documents Questionnaires have been
exchanged. The purpose of such questions is to assist the parties in identifying the points which
may require elaboration in order for meaningful discussions to take place between them.
A51YJ932

Questions which refer to sources of Electronic Documents that are not considered to be relevant
may 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 prepared
on the lay client's behalf.
A51YJ932

Case A51YJ932 n181 direction questionaire

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