Chancery Court Judge Lightman later found that Asquith's two Affidavits, especially this one, were "calculated to mislead" (see Judgment, final discussion on costs). Asquith's key twists of wording and lies are in maroon and red. - A. M.

1. I make this Affidavit on behalf of the Defendants further to my first Affidavit Sworn on 3 August 1988. I am the Editorial Director for Humanities and Social Sciences for Oxford University Press and in that capacity I am responsible for the publication of works concerning such philosophical issues as those referred to in the Plaintiff's work entitled "Making Names". I am duly authorised by the Defendants to Swear this Affidavit on their behalf.

2. I have been advised by Mr Henry Hardy that he did not make notes or memoranda during* his telephone conversations with the Plaintiff, Alan Ryan, or with Galen Strawson about the Plaintiff's work entitled "Making Names". I am therefore satisfied that no such documents are available for discovery.

* Barratt had ordered that Oxford's "proper officers" (obviously Hardy himself here) depose as to the notes Hardy had made "of, for or about" his telephone conversations. Such a terribly cunning word-switch, what! At the Trial Hardy later admitted that, after all, he had prepared detailed notes for our contractual conversation of 20th May 1985. He could not, of course, remember what had happened to them. - A. M.

Page 2 (21)

3. I have perused the Defendants' file of documents relating to this matter and I have been advised by Mr Richard Charkin that no documents or Minutes exist or have ever existed relating to the editorial meeting described in Mr Charkin's letter of l8 July or the meeting of the Delegates dated 16 July 1985 or any other such meeting at which the Plaintiff's work was considered or discussed by or on behalf of the Defendants, save for those documents appearing in the List exhibited to my first Affidavit.

It turned out, thanks to my later chance sighting in court of Oxford's barrister's copy of the Delegates' Note for Making Names, that the real date of the Delegates' meeting at which the book was considered and approved was 23rd July 1985. There was no meeting on 16th July. Sceptics are now advised to proceed to the Delegates' Note for Making Names, to the New Evidence (Green) File, 'The Cambridge Package' and to 'The Adrasteia Package'. On the subject of the minuting of editorial meetings, go to Attwooll.

4. I have perused the Defendants' file relating to this matter and I have been advised by Mr Henry Hardy that no documents exist or have ever existed relating to Mr Hardy's Disciplinary Appeal of 23 July 1985, save for those documents appearing in the List exhibited to my First Affidavit. [More were later 'found'.]

5. I have perused the Defendants' file of documents relating to this matter and I have been advised by Ms Bion that no written reader's reports relating to the Plaintiff's work "Making Names" exist or have ever existed save for those documents appearing in the List exhibited to my First Affidavit.

6. From my perusal of the Defendants' complete file of documents and from the information given to me by the above named persons I am satisfied that neither the Defendants nor their Solicitors nor any other person on their behalf has now, or ever had, in their possession, custody or power any document of any description relating to any matter in question in the proceedings herein other than those documents enumerated in the Schedules contained in the Defendants' List of Documents exhibited to my First Affidavit.

Page 3 (22)

7. Owing to a typographical error the names appearing in Item 20 of Schedule 1 Part 1 of my first Affidavit sworn on 3 August 1988 have been transposed and the said Item 20 should read as follows:-

"20. Original - Memo from Henry Hardy to Richard Charkin 17/7/85"

This Affidavit is filed on behalf of the Defendants, 3rd August 1988.

Go to the next item in the Witnesses (yellow, blue) files. Go to Asquith's next contribution.

Go to Malcolm's Statement of Claim, to the Case History, 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 Chancery Court Judgment, to the Appeal Court Judgment, to the Damages assessment, to the Settlement agreement.

Return to the Malcolm vs. Oxford I (1984-92) Index, to the Malcolm vs. Oxford II (2001-02) Index, to the blurb for Making Names, to its reviews, to The Remedy, or to the SITE INDEX.