THE philosopher Andrew Malcolm yesterday won a four-year legal battle for damages against Oxford University Press for breach of an agreement to publish his book, Making Names.
The Court of Appeal, in a two-to-one decision, allowed an appeal by Mr Malcolm, aged 41, of Brighton, against a High Court ruling that the publisher had made a "strong moral", but not legally enforceable, commitment to publish. OUP, criticised for "harsh and unfair" treatment of Mr Malcolm, was ordered to pay his costs. Lord Justice Nourse said the court hoped that the damages Mr Malcolm should receive could be agreed. Otherwise the issue would be referred to a senior High Court official.
Mr Malcolm, who had no legal assistance, began negotiations with OUP in 1985 which culminated in a phone conversation in which Henry Hardy, a senior editor, offered him a "fair royalty" and "a commitment" to publish, subject to some major cutting and revision. A letter followed which ended: "I'm pleased that we are going to do your book and hope that it's a terrific success." But the book was summarily rejected by the then managing director, Richard Charkin.
Lord Justice Nourse and Lord Justice Leggatt ruled that the OUP had made a contractually binding commitment to publish the book. Disagreeing, Lord Justice Mustill said he reluctantly agreed with the High Court that Mr Malcolm's claim to a legally binding contract must fail. "The OUP... made a gentleman's agreement and broke it. No legal remedy ensues."
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