NOTE. There had already been a considerable wrangle over Oxford's failure properly to discover (disclose) its file of documents relating to Making Names. This wrangle resulted in a summons and a hearing before Chancery Master Barratt on 8th August 1988, at which he issued this Order - A. M.
UPON THE APPLICATION of the plaintiff by Summons dated 28th June 1988
AND UPON HEARING the solicitors for the plaintiff and for the defendant
AND UPON READING the documents recorded on the Court file as having been read
IT IS ORDERED
1) pursuant to order 24 rule 7 (1) of the Rules of the Supreme Court that the defendants do within 14 days after service upon them of this order by their proper officer or officers who if not deposing from their own knowledge shall state their source or sources of information and grounds for belief having made the necessary inquiries from the appropriate specified people make an affidavit and serve a copy thereof upon the plaintiff's solicitors stating whether any document of the classes set out in the schedule hereto is or has at any time been their possession custody or power and if not now in their possession custody or power when they parted with it and what has become of it
2) that the defendants do pay to the plaintiff his costs of this application
(a) notes or memoranda made by Mr Henry Hardy of for or about his telephone conversations with the plaintiff or with Alan Ryan or with Galen Strawson about the plaintiff's work entitled Making Names;
(b) documents including minutes prepared for or made at or about an "editorial meeting" described in Mr Charkin's letter to the plaintiff dated 18th July 1985, and the meeting of the Delegates of the Oxford University Press on 16th July 1985 or any other such meeting at which the plaintiff's said work was considered or discussed by or on behalf of the defendants;
(c) documents prepared for at or about Mr Henry Hardy's appeal of 23rd July 1985 against the stage three disciplinary warning given to Mr Hardy and mentioned in Mr Charkin's letter to him dated 18th July 1985 and any contents of Mr Hardy's personnel file arising from more connected with Mr Hardy's discussions with the plaintiff or his activities in connection with the plaintiff's said work;
(d) documents described as a "readers' reports" in Ms Bion's letter to the plaintiff dated 9th May 1986.
Go to the top of this file, or to Oxford's affidavits in response: Ivon Asquith (2nd), and Henry Hardy, or to Justice Morritt's Order of 6/3/89.
Click for the Malcolm vs. Oxford I (1984-92) Index or the Malcolm vs. Oxford II (2001-02) Index
Go/return to the Affidavits: Ivon Asquith (1), Asquith (2), Henry Hardy, William Shaw (solicitor) (1), Sir Roger Elliott (1), Margaret Goodall, to the Witness Statements: Elliott, Hardy, Richard Charkin, Nicola Bion, Goodall, to the courtroom testimony of the Oxford Six, 14/3/1990: Elliott, Goodall, Bion, Asquith, Charkin, Hardy, to the testimony of Andrew Malcolm, 13/3/1990, to the Statement of Claim, to the Case History, to the Chancery Court Judgment, to the Appeal Court Judgment.