HEADING:
Richard A. G. White, M.A. (Oxon)
Solicitor of the Supreme Court
12 Powis Grove, Brighton, Sussex BN1 3HF Telephone Brighton (0273) 21469
TEXT:
G.B. Richardson, Esq.,
Secretary to the Delegates,
Oxford University Press,
Walton Street,
OXFORD, OX2 6DP.
My reference: 44
Dear Sir,
I have been instructed b Mr. Andrew Malcolm the author of a book called "MAKING NAMES".
It is clear from evidence which I have examined that the Press undertook a binding contractual obligation to publish the work, which it now refuses to do.
My client's paramount wish is that the book should be published by the Press with the least possible further delay. He has completed another round of minor textual revisions, especially of the last chapter, and considers that he could produce a final version within a week or so, This he is at the Press' s disposal to undertake, as he would be to discuss any final editorial tinkering suggestions, as anticipated by Mr. Hardy in February.
I hope to hear from you therefore within 14 days of today that the Press accepts and will honour Mr. Hardy's original tape-recorded oral commitment on behalf of the Press to publish this work.
However, I have to inform you that if the Press remains unwilling to publish the work my client will reluctantly conclude that the only course left to him would be to commence proceedings against the Press for specific performance of the contract. In that event I am concerned that the Press should appreciate from the outset its obligations as to discovery of documents in the action, and respectfully suggest that you should take your solicitor's advice on this particular aspect at once. Suffice it for me to say that, as at present advised, I consider that the Press's entire file on this work will be subject to discovery, including all and any correspondence or internal notes or memoranda between Mr. Hardy and Miss Bion and the readers and advisers; documents recording, or produced for the purposes of, the meeting on or about the 18th July 1985 at which the decision was taken not to honour Mr. Hardy's original commitment to my client, including the book proposal form; all documents and other material which were brought into existence for the purposes of the disciplinary action taken against Mr. Hardy in relation to this matter, save in so far as such material may be privileged; and all documents and other material relating to the decision to reject the work communicated in Miss Bion's letter dated 9th May, 1986.
This list is not intended to be exhaustive, but merely to put you on notice of some of the classes of documents which I am anxious that the Press's personnel should be made aware must be preserved for the purposes of the action, should it be necessary.
In that event also I would like to take statements from Mr. Hardy and Dr. Ryan and take it that you would not object. I would be quite willing, if you or they so wished, for your or their solicitor to be present when I did so.
However, my client earnestly hopes that none of this will be necessary, and instead that all efforts can be concentrated on the swift and successful publication of the book in accordance with Mr, Hardy's original commitment, and to the satisfaction, and hopefully benefit, of all parties.
I will be abroad and my office closed until 3rd September, after which I will be at your disposal for discussions should you so wish. My client wishes further communication to be through me until further notice.
Yours faithfully, RICHARD WHITE
Go to the next item or the previous item in the Evidence (red) file.
Go to Malcolm's Statement of Claim, to the Case History, 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 Chancery Court Judgment, the Appeal Court Judgment, the Damages assessment, the Settlement agreement.
Return to the Malcolm vs. Oxford I (1984-92) Index, to the Malcolm vs. Oxford II (2001-02) Index, to the blurb for Making Names, to its reviews, to The Remedy, or to the SITE INDEX.