And that sad city with its scheming liars,
Where for a twelvemonth blows such icy winter
Matthew Thribb
Welcome to the index of case papers in Malcolm vs. Oxford I, an archive assembled for the benefit of readers of The Remedy and advanced students of the case. The court papers are divided below into seven tables, presented in a roughly logical order.
Table 1. Primary Evidence (red file B) at trial in March 1989.
Table 2. Secondary Evidence re. OUP Delegates' notes, lists, approval of Making Names
Table 3. Affidavits (AF), Witness Statements (WS) and Courtroom Testimony (CT)
Table 4. New evidence and affidavits between the trial and the appeal in October 1989
Table 5. Affidavits and other documents filed for the damages proceedings, 1991-92.
Table 6. Party-party correspondence leading to the settlement agreement. New posting, January 2007
Table 7. A subsequent bizarre correspondence late in 1992.
Scholars are advised first to read the complete primary evidence (red) file, whose items are linked so that one can leaf forward through them chronologically. Note that the privileged (confidential) Malcolm/Hardy conversations numbered a, b, c... did not appear in the evidence (red) file B until the assessment of damages in 1991, as explained in their preambles. The secondary evidence re. Delegates' approval is an optional side-issue. It is advised then to proceed to the witnesses (yellow, blue) files to see what Oxford's parade of drones had to say about the affair, once the shit started hitting the legal fan. Links are also provided to allow psychology students to leaf through the contributions to the drama made by some of Oxford's individual key players, including Henry Hardy, Alan Ryan and Ivon Asquith. Here and there important court orders are also included, coloured silver, and the pivotal court judgments are picked out in bold.
When it came to the damages assessment, Oxford piled on the costs (eventually estimated over half a million pounds), employing top London City clockers Clifford Chance and widening the battlefront so that instead of merely Malcolm vs. Oxford University, it looked more like Malcolm vs. Publishing UK, with suited professionals from 12 of the main conglomerates snapping to attention and casually trashing a book none had ever seen. Their names are listed below but mostly their efforts are too irrelevant to be worth posting. - A. M.
| File/Ref/ Page | Date day/mth/yr | Deponent/Witness | Remedy page refs. |
| K84 | 29/3/91 | Malcolm's Points of Claim: lost royalties, reputation, other publishers. | 157 |
| K86 | 19/4/91 | Master Barratt's Order (Directions) | 157 |
| K87 | 15/5/91 | Oxford's Points of Defence: lost royalties, reputation. | 158 |
| K91 | 31/5/91 | Oxford's Admissions of Facts defence (2). | 158 |
| K93 | 14/6/91 | Macolm's Points of Reply claim (2). | 158 |
| J04 AF | 21/6/91 | Ivon Asquith (3) on OUP contracts, royalties etc. | 169 |
| J16 AF | 21/6/91 | Richard Charkin tries to re-enact the trial | 170 |
| J15 AF | 19/6/91 | Galen Strawson reconfirms his 1985 report | 170 |
| J09 AF | 25/6/91 | David Croom (Routledge) on Wittgenstein, Popper, overseas discounts. | 170 |
| J05 AF | 21/6/91 | Jonathan Riley (Penguins) on Jonathan Glover, royalties. | 169 |
| J06 AF | 20/6/91 | Peter Wright (Open University) weighs in | 170 |
| J07 AF | 20/6/91 | Colin Mitchell (AEB exam board) weighs in | 170 |
| J08 AF | 14/6/91 | Kim Pickin (ex-Blackwell) weighs in | 170 |
| J12 AF | 21/6/91 | Stephan Chambers (Blackwell) weighs in | 170 |
| J13 AF | 14/6/91 | Ian Paten (Harper Collins) weighs in | 170 |
| J14 AF | 13/6/91 | Tim Farmiloe (Macmillan) weighs in | 170 |
| J10 AF | 25/6/91 | Jeremy Mynott (CUP) the only Oxford witness who read Making Names. | 171 |
| J11 AF | 14/6/91 | Alan Ryan (from USA): the final degradation | 171 |
| J2 | 20/6/91 | Giles Gordon (2) pp Malcolm re. Making Names, royalties | 165 |
| J3 | 11/7/91 | Fred Nolan pp Malcolm re. Making Names, royalties, sheet deals | 175 |
| J1 CT | 17/6/91 | Roy Edgley pp Malcolm re. Making Names, Including transcript of courtroom testimony. | 166 |
| CT | 10/7/90 | Harvey McGregor QC (Oxford) on royalty swindles etc. | 186 |
| / | 15&18/8/91 | Chancery Master Barratt's Assessment Findings and Damages Order | 192 |
| / | 19/11/91 | Master Barratt's subsequent order on tax and costs | 193 |
| / | 18/12/91 | Malcolm's Notice of Appeal against the damages assessment | 194 |
| / | 8/1/92 | Oxford's Respondent's Notice cross-appealing for lower damages | 194 |
| Date | From/to |
| 30th March | Letter from Clifford Chance to Andrew Malcolm + preamble. |
| 10th April | Letter from Clifford Chance to Andrew Malcolm |
| 10th April | Letter from Andrew Malcolm to Clifford Chance |
| 15th April | Letter from Clifford Chance to Andrew Malcolm |
| 22nd April | Letter from Andrew Malcolm to Clifford Chance |
| 22nd April | Letter from Clifford Chance to Andrew Malcolm |
| 1st May | Letter from Andrew Malcolm to Clifford Chance |
| 7th May | Letter from Andrew Malcolm to Clifford Chance |
| 13th May* | Letter from Andrew Malcolm to Clifford Chance + DA |
| 14th May* | Letter from Clifford Chance to Andrew Malcolm + DA |
| 15th May | Letter from Andrew Malcolm to Clifford Chance |
| 16th May | Letter from Andrew Malcolm to Clifford Chance |
| 18th May | Letter from Clifford Chance to Andrew Malcolm |
| 22nd May | Letter from Andrew Malcolm to Clifford Chance |
| 26th May | Letter from Clifford Chance to Andrew Malcolm |
| 28th May | Letter from Andrew Malcolm to Clifford Chance |
| 29th May | Letter from Clifford Chance to Andrew Malcolm |
| 1st June* | Letter from Andrew Malcolm to Clifford Chance + DA |
| 15th June | Letter from Clifford Chance to Andrew Malcolm |
| 18th June | Letter from Andrew Malcolm to Clifford Chance |
| 19th June | Letter from Clifford Chance to Andrew Malcolm |
| 22nd June | Letter from Andrew Malcolm to Clifford Chance |
| 23rd June | Letter from Clifford Chance to Andrew Malcolm |
| 23rd June* | Letter from Andrew Malcolm to Clifford Chance + DA |
| 25th June* | Letter from Clifford Chance to Andrew Malcolm + DA |
| 29th June* | Letter from Andrew Malcolm to Clifford Chance + DA |
| 29th June* | Faxed letter from Clifford Chance to Andrew Malcolm + DA OUP memo (1) |
| 30th June | Letter from Andrew Malcolm to Clifford Chance |
| 1st July* | Faxed letter from Clifford Chance to Andrew Malcolm + OUP memo (2) |
| 1st July 1992 | Master Barratt's Consent or 'Tomlin' Order i.e. settlement agreement |
| Page | Date day/mth/yr | Document | Remedy page ref. |
| / | 16/10/92 | Letter from Henry Hardy to Malcolm after Making Names' publication | 208 |
| / | 15/11/92 | Letter from Malcolm to Henry Hardy | 208 |
| / | 16/11/92 | Letter from Henry Hardy to Malcolm | 208 |
| / | 6/7/92 | (enclosed) Letter from Clifford Chance to Henry Hardy | 208 |
| / | 28/11/92 | Letter from Malcolm to Henry Hardy | 208 |
| / | 30/11/92 | Letter from Henry Hardy to Malcolm | 208 |
| / | 5/12/92 | Letter from Malcolm to Henry Hardy | 208 |
| / | 8/12/92 | Letter from Henry Hardy to Malcolm | 208 |
| / | 16/12/92 | Christmas card from Malcolm to Henry Hardy | 208 |
| / | 5/1/93 | Postcard from Henry Hardy to Malcolm | 208 |
| / | 30/3/2001 | Review of The Remedy by Henry Hardy in The Times Higher (Ed. Sup.) | 271 |
| 272 | 13/4/2001 | Letter in the THES from Alan Ryan | / |
| / | 20/4/2001 | Letter in the THES from Henry Hardy | / |
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.