UPON THE APPLICATION of the Defendant by Summons dated the 8th August 1991
AND UPON HEARING the Solicitors for the Defendant and the Plaintiff in Person
AND UPON READING the documents recorded on the Court File as having been read
IT IS ORDERED (1) that the Defendant do deduct £502.40 being Income Tax at 25 per centum per annum from the interest element in the sum ordered to be paid to the Plaintiff by the Order dated 11th July 1991 and do provide the Plaintiff with written evidence of such deduction
(2) that the Plaintiff do pay the Defendant's costs of and relating to the Assessment of Damages directed by the Order dated 18th December 1990 as from the date on which Mr McGregor Q.C. was instructed to advise on behalf of the Defendant but excluding all costs relating to the Affidavit evidence of Ian Howard Paten, Timothy Miles Farmiloe, Richard Dennis Paul Charkin, Stephan Charles Chambers, Galen J Strawson, Jonathan Riley, David Halliday Croom and the costs of consideration thereof and of their attendance at the hearing such costs to be taxed on the standard basis if not agreed
(3) that the Defendant do pay to the Plaintiff his costs of and relating to the said Assessment of Damages up to 2nd May 1991 including the costs reserved on 19th April 1991 to be taxed on the standard basis if not agreed
(4) that the funds in court be dealt with as directed in the Payment Schedule annexed hereto but that such payments be not made until 20th December 1991 or until further Order in the meantime
AND this Order and the Order made on 11th July 1991 constituting the determination of the said assessment of Damages in this Action
IT IS FURTHER ORDERED
(5) that either party be at liberty on or before 17th December 1991 to issue notice of appeal from the said determination
(6) that either party be at liberty to appeal from the said Orders in respect of costs alone.
Click for Malcolm's Notice of Appeal re. damages.
Click for the Malcolm vs. Oxford I (1984-92) Index or the Malcolm vs. Oxford II (2001-02) Index
Go/return to the top of this file, Malcolm's Statement of Claim, the Chancery Court judgment, the Court of Appeal judgment, the Judgment extracts, the Case History, McGregor on Royalties (transcribed from the assessment hearing). Affidavits: Ivon Asquith (1), Ivon Asquith (2), Henry Hardy, William Shaw (solicitor) (1), Sir Roger Elliott (1), Margaret Goodall. Witness Statements: Sir Roger Elliott, Henry Hardy, Richard Charkin, Nicola Bion, Margaret Goodall. Courtroom testimony transcripts, 13-15/3/1990: Elliott, Goodall, Bion, Asquith, Charkin, Hardy, Malcolm.