In the High Court of Justice

Queen's Bench Division

Commercial Court
Claim Form Royal Courts of Justice
forcourt use only

DEFENDANT'S COPY
Claim no. /AQ l '6 I~ O t,,z___tJ...,r-s
Issue date - 3 APR 2018

Claimant(s)
Ms Samantha Exley

8 Cameron Street
Barrow-in-Furness
Cumbria
LA14 2PY

Email: samexley4 [email protected]

Assigned to Master:
Defendant(s) ~,/fz .
Mr David Garrod. .-
11, Church Farm Courtyard, High Street, Chalfant St Giles,
Bucks. HP8 4QH

Mr Mohan Ramcharan.
Flat 21, Durham Tower, Acorn Grove, Birmingham, 81 2PN

Jennifer Turner.
11, Duncan street, Barrow-in-Furness, Cumbria. LA 14 2NH

Rebecca Rose.
30, Covendale, Whitchurch, Coalville. LE67 58P

Andy Miles. 150 Virginia Road, Albrighton, Wolvs. WV? 3NP

Col"\• it\l•-e__tj c-;l'\ AfPe~d,:,_ A
\ Name and address of Defendant receiving this claim form
Mr Mohan Ramcharan £
Amount claimed 5,000
Flat 21
Durham Tower Court fee 0
Acorn Grove
Legal representative's costs 0
Birmingham
81 2PN Total amount 5,000

The court office at the Admiralty and Commercial Registry, The Rolls Building, 7 Rolls Building, Fetter Lane, London, EC2A 1NL is open between 1Oam and 4.30 pm
Monday to Friday. When corresponding with the court, please address forms or letters to the Court Manager and quote the claim number.

N1 (CC) Claim form (CPR Part 7) (04.14) © Crown Copyright. Reproduced by Thomson Reuters (Professional) UK Ltd
 Appendix A

Re: page 1 of Claim Form

Addresses continued Defendant( s)

Natasha Kirkpatrick
87, Beaconsfield Road, Leicester. LE3 0PH

Tamsin Morris (LLB Forum Moderator)

C/O Browne Jacobson Solicitors LLP, Mowbray House,
Castle Meadow Road, Nottingham. NG2 1BJ
 IClaim No. I
Brief details of claim
This is a claim for Defamation of Character, Online Bullying, and Malicious Falsehood
arising from comments, published to third parties, on an LLB Honours Degree Student
Forum at The Open University.

The hurtful, defamatory, malicious and offensive comments were made by Jennifer Turner,
Rebecca Rose, Natasha Kirkpatrick, Andrew Miles, Mohan Ramcharan and David Carrod.

The loss I suffered as a result, was being suspended from the LLB Forum and unable to
use my Student Biog, which, I used on a regular basis throughout my study journey.

The Forum was meant to be moderated by T amsin Morris, who failed to take any action
against the Students once they had began to break the Forum Rules.

Because of my disability, which is known to University Staff, I believe The Open University
failed in the duty of care owed to me.

The 'chanting' and taunting continued for 4 months, embarrassing me on a wide-open

Forum, causing further distress, interrupting my studies, causing me to feel suicidle.

*Particulars of claim attached

Particulars of claim (*attached)(*wm follow if a11 ack11ovvledgment of se1 vice is filed that indicates
an-intention to defend the claim)

Statement of Truth
*(I believe)(Too Claimant believes) that the facts stated in this claim form *(and the particulars of
the claim attached to this claim form) are true.
* I am d!lly authorised by tl ,e clair 11ar 1t to sign this staterr 1ent
Full name Ms Samantha Exley
Name of * (claim~ n~~ e§~...,[email protected]'ffi-r-m) N / A
signe~ . . . . ., ,. =
~ ~ = - - - - - -- -- - position or office heldc_N_/A _ _ _ _ _ _ __
*(Claimant)('s.fegal representati'o'e} (if signing on behalf of firm, company or corporation)

*delete as appropriate

As O/leaf Claimant's or legal representative's address

to which documents or payments should be
sent if different from overleaf including (if
appropriate) details of DX, fax or e-mail.
Particulars of Claim (continued)

I have attached some example comments to my claim. There are

approximately 300 defamatory, hurtful and offensive comments, (made by
the Students named on this form), altogether.

I joined the LLB Honours Degree Student Forum in December 2016 in

response to Tamsin Morris' post, 'A warm welcome to January 2017
starters'. The next time I wrote on the Forum after December 2016 was
in a post about 'Books' on 4th January 2017 (Books which I had from
previous study in Furness College and the University of Central
Lancashire).

From March 2017 to July 2017, I found myself in amongst a gang of

Students who were intent on causing me harm.

I was even accused of fraud by the named students, however, I have

written evidence which absolutely refutes these allegations. I also sent
my evidence in to the Open University on many occasions, however, they
failed to take any action against the Students regarding this.

All these comments were published on a public LLB Student Forum which
caused me great distress and affected my study. I contacted my Tutor on
36 occasions to report the comments. My Tutor's Manager expressed the
view that all Students on the LLB Forum should treat me with courtesy
and respect, the same as I did with them. 'Courtesy and respect' being
first and foremost for every Student, including the ones who defamed my
good character.

My complaints began when I first wrote to the Open University Help

Centre concerning the deletion of my posts and the hurtful comments.

Page 1 of7
I also wrote to the Complaints Department, Student Support, Student
Caseworker, Mr Ron Elder and the Vice-Chancellor's Office. In total, I
have 233 emails to and from these departments. Over a period of 24
weeks, my complaint was not resolved.
I asked for an apology from the Students involved and complete
restoration of my Student Biog and the Forum without further sanctions to
my Student record, and, may I add, to have my Student record cleared.

I was a regular blogger on the Forum and my Personal Biog space but
now, it seems, I have a Student record, for what exactly? Because
Rebecca Rose complained that, 'Sam Exley is now 'poisoning' the
Student Biog area'? What did Rebecca Rose mean by that?

I have all the published comments about me because when I subscribed

to the LLB forum back in December 2016, the subscribed messages come
straight to a person's email box. I have preserved all of them on my
computer.

I did ask the Complaints Team to remove all the defamatory comments
from the forum and the Department has removed some but not all of them
and some comments were on show to all the forum for a period of 5
months.

At first all my emails relating to the removal of the defamatory comments

to the Complaints Team, were ignored, and, other students could read
what the other students were saying about me. For me, that was torture
being on the receiving end of the cruel, cold, callous and malicious
comments.

I contacted the Police on the 18th July 2017, and the Police came out to
take a statement on 21 st July 2017 regarding the 'threats' made to me. I
informed The Open University on many occasions, (via email and
telephone), of my intention of taking this matter further if I did not receive
an apology from all the Students involved.

Page2 of7
On 21 st July 2017, I found myself 'suspended' from using the Forum and
a Di~ciplinary Investigation was taking place. I was also 'suspended' from
using my Student Biog.

I am a disabled student. I declared my disability at the start of my course.

The information about my disability is written clearly on my Student Profile
for Staff to view. I also had a Disability Assessment at Lancaster
University prior to the start of my course with The Open University.

The University has a copy of the Assessment Report. The University Staff
are aware of my disability needs. I did request a reasonable adjustment
when using the LLB Forum, however, my request was refused. I asked
specific;ally for a guide to help me when posting on the Forum, for
example, another person to work alongside of me. My disability requests,
when using the Forum, were refused.

I feel, I have a right to have my claim heard. The University refused my

right to a fair hearing under Article 6 of the European Convention on
Human Rights 1950.

I even put it to the University to consider Alternative Dispute Resolution

(ADR), and sent a form to them regarding ADR. The University were not
at all interested in ADR. I also sent numerous emails in my attempts at
settling the claim before filing my original claim in the County Court on 15th
September 2017.

As explained to the County Court on my original claim form, all the

comments were published to third parties on the LLB Honours Degree
Student forum, and, left on the Forum for all to see for a period of 5
months. At the time of the comments, I was on the Shadow Board at the
Women's Community Matters (WCM) centre, and, I was participating on
the Changing the World Together Team at WCM. I was building up my
reputation from when I owned my Private Home Care Business back in
2004. I have many good references from the people I cared for, and I have
many good references from the WCM centre.

Page 3 of7
I am certainly not a 'goblin' or 'foot fungi', or a 'poisonous dead horse', or
'delusional' or a 'fraud', or 'an idiot', or 'a toxic poisonous person', which
are some of the names the Students named on my form called me in front
of everyone.

I did contact the Open University about my Credit Transfers, and, I did
represent someone in an Unfair Dismissal claim, and, I did receive a letter
from the Jury Summoning Officer, and, I did own my own Business, and,
I do have letters from the European Court, the Family Law case and the
Credit Transfer department of the Open University, and, I have studied
Law in the past at different institutions.

The Students had one clear intention, to defame and cause harm to me
in front of the whole Forum, and this is plain enough for anyone to see
upon the reading of all the comments published.

When Mr David Carrod persisted in calling me names the other 9 Students

joined in agreeing with him.

There are Rules of the Forum which were broken by all the named
Students on my claim form, however, I appear to have been the only
Student sanctioned as all the other Students were allowed back on the
Forum immediately following the incidents, and, one Student, namely, Mr
Mohan Ramcharan, was promoted on the 8th September to Learner
Experience Rep after calling me 'an idiot', 'a poisonous dead horse', and
even claiming all my documents were 'false'.

I firmly believe my claim should be heard. There are questions to be

asked of the University itself and the Students named on my claim form,
and, also proof of all my documents (sent to the University) need to be
acknowledged so that sanctions can be lifted from my Student record.

Page 4 of 7
We are not talking '2 tweets' made by Kate Hopkins in the case of
Jack Monroe v Katie Hopkins [2017} EWHC 433 (QB), we are talking
approximately 300 malicious, false, hurtful, offensive and defamatory
comments made by LLB Students on an Open University 'wide-open'
study Forum, in an attempt to cause me harm. I visited my GP on 3
occasions during the incidents as well as reporting it to the Police for the
harm caused.

Police Log Number: CP - 20170718 - 0135

GP letter attached.

The Students also published on the Forum, 1) that my Jury Service letter
was false and did no~ belong to me; 2) My European Court letter ".Vas false;
3) My Family Law case was false; 4) My Credit Transfers were false; 5)
that I was totally delusional to think I represented someone in an Unfair
Dismissal claim against the NHS Trust; 6) that I had not studied, (in the
past), Public Law, Contract, Tort and Criminal Law; 7) they said my
Assignments belonged on vellum and put next to the Magna Carta in the
Supreme Court; 8) they claimed the Open University should ban me from
using the Forum and my Biog; 9) at the time of using the Forum the
Students claimed I was a stupid idiot W101 Student who had no
knowledge of the law; 10) they continued to chant I was a poisonous dead
horse, poisonous and toxic and poisoning the Biog and Forum area; 11)
it was published that I suffered from Narcissistic Personality Disorder and
12) attempts at further my career, in the Judiciary, were bovine excrement.

The remedy I am seeking from the Open University is for my Student

record to be cleared and that my Personal Biog is restored back to its
original state, and, sanctions to be lifted from my 'write' access on the
Forum. I expect a written apology from Mr Ron Elder, Mrs Tamsin Morris
and the Complaints Department.

I aim to recover £10,000 from the Open University for Negligence. For
example, the University owed me a duty of care, which, they clearly
breached. Tamsin Morris failed to take any action once the Students
began tormenting and bullying me.

Page 5 of7
The Open University knew of my disability at the outset and failed to make
any reasonable adjustments when requested to do so.
The question is, did the University act as any reasonable University would
in the same circumstances? Did the University exercise the same care
and skill expected by law? Did the Students involved exercise the same
care and skill as written down in the Forum Rules?

The University refused to have my case heard properly. All they asked
for (in the Disciplinary Investigation), was a statement to give my version
of the facts. The University refused to acknowledge any of my evidence
sent to them via email and post. The University Complaints Department
delayed making any fair and just resolution to my claim.
The end decisions resulted in me being 'suspended' from my Biog and the
LLB Forum without any reasonable explanations.-

The Complaint was filed long before any Disciplinary Action took place,
and, when I explained that to Susie Hancock, Mrs Hancock admitted, 'their
department had made an error.' (This was sent via email
correspondence).

The remedy I am seeking from each of the named Students on my claim

form is £5,000 (each), for the damage caused to my reputation as a
Student, and, the harm caused to me. I am seeking an injunction to
prohibit the Students from further commenting on my future posts and to
prohibit the Students from contacting me further. I am also seeking a
public or written apology from all the named Students involved in my
claim.

Page 6 of7
Ms Samantha Exley
LLB Student
Claimant

Dated this Day of: 0 / / 0 z_ /za5{'

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