Malcolm vs. Oxford University, 1986 Chancery Division Ch M. 7710

AMENDED WITNESS STATEMENT OF SIR ROGER ELLIOTT

First version of statement served in exchange on 19th October 1989, amended version served on 13th November 1989

Elliott photo

Lord Otiose: Bookseller photo, 1993

1. My name is Sir Roger (James) Elliott. My current position at Oxford University Press is Secretary to the Delegates and Chief Executive (Oxford University Press, Walton Street, Oxford OX2 6DP), which position I have held since 1988. I have been a member of the academic staff of Oxford University since 1957. I was a University Reader from 1964-74 and Wykeham Professor of Physics 1974-88. I am currently a Professorial Fellow of New College, Oxford.

2. I was a Delegate of Oxford University Press from 1971-88. The Delegates are appointed by the University and according to the Statutes 'have charge of the affairs of the Press'. There is a smaller body, the Finance Committee, 'which, subject to the general authority of the Delegates, has the direction of the finance and management of the business'. The membership of this body consists of a number of Delegates, the senior executives of the Press, and 'two persons possessing high qualifications in business and finance appointed by Hebdomadal Council'. This Committee operates much like the board of directors of a company.

3. The Delegates' role is to control the policy of the Press, both generally and through the books accepted for publication, to ensure that it complements the aims and standards of the University. With regard to general policy, the Delegates are provided with the minutes of the Finance Committee and may be provided with specific papers relating to specific policy areas.

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4. The Delegates control the publishing of Oxford University Press by giving approval to all academic books, including general books, published from Oxford. Delegates' approval must be given before a contract is issued. The Delegates also see reports on all books published by the Press's overseas operations.

5. With regard to decisions about the approval of books, the Delegates are provided with a Delegates' note for each book. This note summarizes the views of any referees who have read the book and gives some indication of the suggested print run and likely cost of publication.

6. When the Delegates have considered a book for publication, they may do one of four things: they may reject it; they may ask for amendments to be made and for it then resubmitted; they may provisionally approve it, provided some changes are made to it, in which case the book will not need to go before the Delegates again; or they may accept the book outright.

7. I have looked at the memorandum dated 16 July 1985. It is a Delegates' note for the book 'Making Names'. It is normal for such notes to be prepared well in advance of a Delegates' Meeting and before a final decision is taken at the internal editorial meeting as to whether the book will actually be submitted to the Delegates.

8. I attended the Delegates' Meeting on 23 July 1985 and in the absence of the Vice-Chancellor, who is ex officio Chairman, I took the chair as the senior Delegate present. I do not recall seeing the note for the book 'Making Names' at that meeting.

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9. I have looked at the minutes of the Delegates' Meeting of 23 July 1985. At that time it was not the standard procedure for every general book title considered to be listed, although that is now the case. I cannot recall the Plaintiff's work being approved or discussed at that Meeting.

DATED the 13th day of November 1989

Sir Roger (James) Elliott


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