NOTE. The wrangle over Oxford's discovery of documents had continued. By this stage there was strong evidence that, at a meeting on 23rd July 1985, the OUP's Delegates had formally approved the publication of Making Names. Oxford had been obliged to produce the Minutes of that meeting, but had withheld the list of General Publications that had been approved at it. One aim of the hearing before Justice Morritt was therefore to have OUP's Chief Executive Sir Roger Elliott personally compelled to testify as to the missing list of General Books. Justice Morritt dictated an order for the two barristers to draft, but there then ensued (of course) another long wrangle over his Order's correct wording. The version below was the one eventually sealed and issued by the Court. - A. M.
UPON A MOTION made by counsel for the plaintiff
AND UPON HEARING counsel for the defendants
AND UPON READING the documents recorded on the Court file as having been read
IT IS ORDERED
...
(3) that on the application in paragraph 3 of the said Notice of Motion the first defendants within 14 days of service upon them of this order by their officer Sir Roger Elliott do make an affidavit and serve a copy upon the plaintiff's solicitor stating whether any document within the description contained in the schedule hereto is or has at any time been in their possession custody or power and if it was or was but is not now in their possession custody or power when they parted with it and what has become of it.
Any document listing titles of General Publications tabled at the meeting of the Delegates of the Oxford University Press held on the 23rd July 1985 or otherwise indicating what General Publication titles were approved at that meeting.
Go to Sir Roger Elliott's (1st) Affidavit.
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.