Malcolm vs.Oxford University, 1986 Chancery Division Ch M. 7710

Evidence (Red) File pages 119a-b Transcript of Bion/Malcolm telephone conversation, 27th February 1986 (privileged from production until damages assessment, 1991)

*LEGAL EXPLANATION (rf The Remedy, page 50.)

The law allows that all documents (and recordings of conversations) that are generated with a view to taking legal action, are privileged, that is, unlike all other relevant documents pertaining to a matter in issue, they can be withheld from the evidence. Case-students who wish to retrace the exact steps taken by the Trial and Appeal Courts should therefore now proceed straight to the next item in the original files. - A. M.

Malcolm: Hello, this is Andrew Malcolm, from Brighton.

Bion: Hello.

Malcolm: Hello, I was just phoning to confirm that two copies of Making Names have arrived.

Bion: Yes, you obviously haven't had my card yet?

Malcolm: I haven't.

Bion: No? I sent you a postcard confirming. It should have gone at least two days ago, so perhaps it will arrive tomorrow. I should have sent it first-class actually, I just put it in the ordinary post, so it's rather slow, I'm sorry.

Malcolm: Oh I see.

Bion: Yes, both arrived, and, er, um, I am going to get them... In fact I am just waiting to hear from one of the advisers to see whether he is able to look at it, er, over the weekend.

Malcolm: Yes. You have no idea at the moment of how long it will take, I suppose?

Bion: Well of course we are in the readers' hands. If they say: sorry I cannot look at this for three weeks, then it is difficult, but I really think that it shouldn't, including getting the typescript there and back, take more than three weeks.

Malcolm: Oh really? I just wanted to know because I am planning to escape the freeze-up to somewhere like Tenerife or something for a few weeks, so I just want to know roughly how long to schedule.

Bion: Well, very much off the top of my head, as I say it's difficult to tell, but I doubt it will be less.

Malcolm: Yes. Well that is rather what I was thinking, and I was just toying with the idea of three weeks.

Bion: Well as soon as I have some news I will get in touch.

Malcolm: Right.

Bion: Okay.

Malcolm: Okay, thanks very much.

Bion: Bye.

Malcolm: Bye.


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