IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION
Case No: HC01C03415
Asterisked entries* are copied from the defendants' chronology of 24th December 2001
31st August 1984 Malcolm submits introduction and synopsis of Making Names (MN) to OUP's philosophy editor who passes it on to Senior General Books Editor Henry Hardy.
14th October 1984 On invitation from Hardy, Malcolm sends typescript, envisaging 6-month revision; script sent to Oxford philosopher and OUP Delegate Dr Alan Ryan (AM1.12-14).
11th February 1985 Ryan reports favourably on MN, gets ball rolling: "One of the shrewdest cases for a Collingwoodian idealism that I've read..." (AM1.15, 16, 27).
18th March 1985 Hardy is encouraging, outlines revision requirements (AM1.17).
24th March 1985 Malcolm responds in detail, seeks firm commitment (AM1.18).
26th April 1985 Hardy explains Delegates' (non-)role, Ryan's approval. Malcolm re-requests firm commitment. Hardy agrees to read script himself (AM1.20).
20th May 1985 Hardy has read script, gives firm commitment, agrees payment of "fair royalty". Commitment confirmed in correspondence (AM1.22-25).
11th July 1985 Third reader philosopher Galen Strawson, also reports favourably.
16th July 1985 Hardy drafts MN Delegates' Note for 23rd July meeting (AM1.26).
17th July 1985 Row at editorial meeting. MD Richard Charkin vetoes publication, sends Malcolm rejection, serves Hardy Stage 3 Disciplinary Warning. Hardy and Charkin admit book is contracted (AM1.29). Malcolm declines further dealings.
18th July 1985 Despite row, Ryan repeats support for MN (AM1.28).
23rd July 1985 &ff Delegates' meeting, Ryan present, "other titles approved" (AM1.32). Hardy wins disciplinary appeal, his warning is rescinded, he telephones Malcolm to persuade him to revise MN, gives further undertakings.
31st July 1985 Hardy sends Malcolm detailed list of revision requirements (AM1.33). Malcolm embarks on revision.
October-November 1985 Malcolm sends Hardy first two new, revised chapters of MN. Hardy approves them, but has been moved by Charkin to another department.
21st February 1986 Malcolm sends revised script to junior editor Nicola Bion, who sends it (only) to Dr Ryan.
3rd May 1986 Ryan instructs Bion to reject MN (AM1.35).
9th May 1986 Bion sends Malcolm rejection letter (AM1.36).
19th September 1986 Dr Ryan is invited to make a statement, declines: "can no longer be dispassionate" (AM1.38, 39).
23rd December 1986 Malcolm serves writ for breach of contract (Richard Charkin is named as 2nd defendant but is not served until February 1987).
Early 1987 Dr Ryan leaves Oxford and moves to Princeton University, USA (D21).
1987-1988 Disputes continue concerning Oxford's discovery of documents, Charkin's ratification by the Delegates, the contents of the statement of claim.
31st March 1988 Malcolm writes to all the Delegates re. the ratification of Charkin.
September 1988 Malcolm issues Motion claiming Oxford's contempt over discovery. Minutes of Delegates' meeting 23/7/85 produced: "other titles approved" (AM1.32).
6th March 1989 At hearing of Motion, the Secretary to the Delegates Sir Roger Elliott is ordered to produce the missing list of General Books.
May - June 1989 Malcolm contacts various ex-Delegates and university officers re. listing of General Books and Making Names.
19th July 1989 Elliott swears affidavit, denies existence of General Book lists.
12th February 1990 Chancery Master Barratt orders six Oxford witnesses, including Elliott, to attend the trial for cross-examination.
3rd March 1990 Malcolm serves subpoenas on three ex-Delegates and university officers. Ryan not subpoenaed because still in U.S.A. He makes no statement.
9th March 1990 The subpoenas are set aside by Master Barratt; the three Oxford witnesses serve Malcolm bills of costs totalling £8,625.
12th-16th March 1990 The case is tried before Deputy Judge Gavin Lightman QC. On opening, Oxford introduces a new defence denying Hardy's authority (disallowed, with costs). Cross-examined, Elliott again denies the existence of lists, Hardy denies everything. The Judge rejects the latter as "traumatized", asks where Ryan is, finds "a clear commitment" by Oxford, but no legally enforceable contract on the grounds that the book's format and print-run had not been agreed (judgment at AM2).
21st March 1990 Malcolm writes to all the Delegates enclosing Lightman's judgment and mentioning Elliott's testimony.
18th April 1990 Expert witnesses volunteer on print-run, format points. Malcolm appeals, on the grounds that these are not normally specified. Oxford responds by pleading the Delegates' approval of MN as a contractual condition [AM1.44§2.(1)(i)].
21st May 1990 Oxford sends Malcolm bills of costs totalling £25,713. Malcolm receives an anonymous package of agenda papers for Delegates' meeting of 23/7/85; applies to adduce it as new evidence. Ryan makes no statement.
May - June 1990 Article and correspondence in The Bookseller magazine: Malcolm sets out Ryan's and the Delegates' roles, Elliott publicly denigrates Malcolm and Making Names (AM1.40-42).
28th September 1990 Oxford loses, with costs, application for security of costs of Appeal (AM3). Oxford abandons "Delegates' approval" defence.
12th October 1990 Malcolm receives a second anonymous package of various Delegates' book lists, including MN; again applies to adduce it as new evidence.
17th-19th October 1990 Appeal before Mustill, Nourse and Leggatt LJJ. Expert evidence that format and print-run are rarely stated in publishing contracts is resisted by Oxford but admitted by court; then goes unchallenged. Oxford makes statement denigrating Malcolm and Making Names. Judgment is reserved.
18th December 1990 Malcolm's appeal is allowed, with costs, and a damages assessment ordered, if necessary. Judges urge magnanimity. Judgment at AM4.
12th February 1991 In absence of any offer, Malcolm initiates damages proceedings. Oxford switches from local solicitors Dallas Brett to Clifford Chance, appoints Harvey McGregor QC (Warden of New College) leading Counsel.
28th March 1991 Oxford reveals it has no copy of Making Names, now needed for assessment. Numerous pleadings are exchanged and witnesses sought.
May 1991 Oxford makes (first) settlement offer by payment into court; negotiations (e.g. over subpoenaed witnesses' costs) fail.
21st June 1991 Oxford serves 'independent expert' evidence against MN by 13 witnesses from leading UK publishers. Ryan files first affidavit from USA, retracts his 1985 views, says "MN would have sunk without trace" (AM1.46-51).
10th, 11th July 1991 Damages assessment hearing before Master Barratt. Ryan's affidavit admitted but he cannot be cross-examined. Seven Oxford witnesses rubbish MN.
18th August 1991 Master Barratt awards damages of £17,947 (£6,000 for loss of reputation). Findings at AM5, Ryan quoted at page 9.
19th November 1991 Oxford applies for notional interest-tax deduction of £502.40 and for costs of Harvey McGregor QC (AM5.19).
18th December 1991 Malcolm appeals for higher damages (and against costs ruling), Oxford cross-appeals for lower damages.
March 1992 Out-of-court settlement negotiation begins. [Click for first letter in linked series.]
14th May 1992 Oxford's first demand for confidentiality, £38,000 penalty clause (AM1.52-54&ff). Wrangle ensues over form of agreement, costs, witnesses' costs etc.; Oxford resists Consent Order.
28th May 1992 Damages Appeal set down for 20th July (AM1.71).
18th June 1992 Malcolm seeks clarification of confidentiality, non-derogation clause, cites Elliott's Bookseller letter, Oxford's Appeal statement (AM1.75-77).
19th June 1992 Oxford: "Principals Elliott, the Registrar, Ivon Asquith... Our clients will have no need to refer publicly to your work." (AM1.79).
25th June 1992 Oxford: "Former officers or employees... It will not be necessary for our clients to make statements touching upon you or your work." (AM1.89).
29th June 1992 Malcolm: "servants and agents taken to include Ryan... Hearing set for 1st July before Master Barratt." (AM1.95).
29th June 1992 Oxford: "Clients have no control over Ryan, but agree to request him not to... Necessary to issue instruction to servants and agents... 2nd, 3rd sentences inserted in Clause 7... Draft of memorandum to OUP employees." (AM1.101-106).
29th June 1992 (fax) Malcolm: "Ryan, OUP employees should know text of Clause 7" (AM1.107).
1st July 1992 (fax) Oxford: "Will notify Ryan, Hardy of Clause 7..." (AM1.109).
1st July 1992 Master Barratt seals Consent Order (AM1.110--113).
August 1992 Malcolm (AKME) 'publishes' Making Names in hardback: no reference to lawsuit (AM1.114). No broadsheet reviews or mentions.
16th October 1992 Hardy writes to Malcolm "I am very pleased that it has now been published", sends Clifford Chance letter of 6/7/92: no Clause 7 (AM1.115-118).
April 1993 Sir Karl Popper eulogises Making Names; Malcolm secures W. H. Smith distribution for paperback.
October 1993 Making Names paperback 'published' with Karl Popper's eulogy and a case history, forewords and an index. Again no broadsheet reviews or mentions.
1st September 1996* Alan Ryan returns to Oxford, takes up post as Warden of New College, re-registered as member of Congregation (AM1.8, DRH ws §11, D22).
? 1997* Oxford confers title of Professor on Dr Ryan (DRH ws §12, D23).
1st October 1997* Ryan becomes Chairman of Conference of Colleges; also Conference representative on University's Joint Committee for Co-ordination of University and College on Fund Raising (DRH ws §14-15, D24).
September 1997 Malcolm launches AKME website law library for author-litigants.
2nd December 1998* Ryan appointed Director of Rothermere American Institute, with effect from 1st January 1999 (DRH ws §17, D25).
5th February 1999 The Times Literary Supplement publishes The Purpose and the Cost - a defence by Sir Keith Thomas of OUP's axing of its modern poetry list.
2nd April 1999 The Times Literary Supplement publishes The War for Jericho - a 'reply' to the above article by Malcolm, who recounts his own OUP experience.
30th September 1999* Ryan's office as Chairman of Conference of Colleges comes to an end (DRH ws §15, D24).
December 1999 Malcolm (AKME) 'publishes' The Remedy as laser-printed paperback: the true story of Malcolm vs. Oxford. Again no public reviews or mentions.
? 2000* Letter Professor Newell, Chairman of Staff Committee of Defendants, to Alan Ryan, authorising him to employ and dismiss staff in his position as Director of Rothermere American Institute (DRH ws §20, D26).
October 2000* Ryan becomes Deputy Chairman of Admissions Executive of Conference of Colleges (DRH ws §15, D24).
30th March 2001 Hardy's review of The Remedy in the THES (AM1.119).
13th April 2001 Alan Ryan's letter published in the THES (AM1.120).
11th May 2001 Malcolm (Davenport Lyons) sends letter before action (AM1.121). Fruitless correspondence ensues. Clifford Chance send Malcolm a copy of their letter to Ryan of 6/7/92: no Clause 7 (AM1.125), and revised memorandum to OUP employees (AM1.130).
12th July 2001 Malcolm acts in person (AM1.131).
23rd July 2001* Letter from Jeremy Whiteley, Defendants' Head of Personnel Services, to Alan Ryan, authorising him to employ and dismiss staff in his position as Director of Rothermere American Institute (Bundle C tab 3.83).
8th August 2001 Malcolm serves Claim & Particulars (AM1.135, Bundle C tab1).
3rd September 2001 Oxford switches solicitors, seeks time extension (AM1.139).
20th September 2001 Oxford serves Defence (AM1.152, Bundle C tab 2).
10th, 12th October 2001 Allocation Questionnaires submitted (AM1.156-159).
16th October 2001 Oxford applies to strike out, serves Registrar D. R. Holmes' witness statement (Bundle C tab 3).
15th November 2001 Application transferred to Chancery Judge, set down for 14th January 2002 (AM1.168).
4th January 2002 Malcolm serves response statement, skeleton argument, chronology (Bundle C tab 4).
Following entries added after 4th January 2002
10th January 2002 Oxford serves statement of A. P. Stone, correcting statement of D. R. Holmes, and estimate of costs (Bundle C tab 5).
14th January 2002 Hearing before the Honourable Mr Justice Lightman, who invites both parties to research (48 hours each) into Ryan's committee posts at the University.
15th January 2002 Oxford serves material on Ryan's committee posts (Bundle C tab 6).
17th, 18th January 2002 Malcolm serves further material on Ryan's committee posts (Bundle C tab 7).
21st January 2002 The Honourable Mr Justice Lightman sends draft judgment for defendants to both sides, inviting corrections. A hearing is set for 24th January for his handing down and decision on costs.
22nd January 2002 Defendants' serve amended and supplementary estimates of costs (Bundle C tab 8).
24th January 2002 Hearing before the Honourable Mr Justice Lightman, who hands down judgment, denies leave to appeal and makes order on costs. He rules that, since it has now entered the public domain, the terms of the Consent Order of 1st July 1992 are no longer confidential. (Bundle C tab 9).
7th February 2002 Malcolm applies to the Court of Appeal for leave to appeal (Bundle C tab 10).
Served and filed by Andrew Malcolm, the claimant in person, 4th January 2002, revised 7th February 2002.
1st March 2002 The Court of Appeal (Lord Justice Aldous) refuses Malcolm leave to appeal. Malcolm's submission on logic returned screwed up.