Messrs. Clifford Chance,
Blackfriars House,
19 New Bridge Street,
London EC4V 68Y

Your Reference: KEA/00452/001/MTS

Without Prejudice Save as to Costs

Dear Sirs,

Malcolm v Oxford University

Thank you for your faxed letter and papers of 29th June.

I do not at this late stage want to be drawn into a potentially complex argument about the status of Messrs. Ryan, Hardy and Charkin in these proceedings, but I am grateful for your clients' undertaking with respect to them, which I would like them to fulfil. I suggest that in any event these individuals be made aware of the first sentence of Paragraph 7 of our Schedule of settlement terms, as quoted below.

I agree to drop the words "adverse or" from the wording of Paragraph 7 and I agree that "or solicit for publication" can revert to "or solicit the publication of".

I accept the need for your clients to issue an instruction to their servants and agents, as accommodated in your redraft of Paragraph 7, but I assume that there has been a mistake in your drafting of the 2nd paragraph of the proposed Memorandum, which in my view must "disclose the text" to their servants and agents, i.e. quote the actual wording of the relevant first sentence of Paragraph 7, and should therefore read:

However, since it is binding upon you, you should be aware that one of the settlement terms reads as follows: "The Defendants agree that they, their servants and agents, or any of them, will not publish or solicit the publication of any derogatory statements, letters or articles about the Plaintiff or about the merits and quality of the Plaintiff's work Making Names."

On this basis I therefore agree to your wording of the Schedule of the terms to the Consent Order, which I assume may now be presented for sealing to Master Barratt tomorrow. I will incorporate your amendments into my draft.

I can confirm that I am not aware of any reason why the terms of settlement may enter the public domain through no fault of either party or that the proposed terms of settlement have already entered or are about to enter the public domain.

Please confirm by return fax that all the outstanding points have now been covered and that you intend to keep our appointment tomorrow with Master Barratt, when I shall expect to exchange completed DBC [dismissal by consent] forms and receive at least faxed and preferably 'hard copy' letters of agreement from the 3rd parties' [subpoenaed witnesses] solicitors.

I will want to leave Brighton by about 10.0 a.m. tomorrow.

Yours sincerely, Andrew Malcolm

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