Letter from Andrew Malcolm to Clifford Chance, 1st June 1992

Andrew Malcolm,
xx Southover Street,
Brighton BN2 2UD

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 letter of 29th May.

It seems that we have now agreed the procedure and clarified all the terms proposed in your clients' offer of settlement of 30th March and 15th April 1992 which was accepted by me on 7th May and 13th May 1992. I therefore enclose herewith a Consent Order and schedule thereto drafted accordingly. If you will approve this by return I can at once arrange an early date for us to go with it before Master Barratt and there need be no more delay.

In your 2nd and 3rd paragraphs you propose exchanges of DBC [dismissal by consent] and agreement documents. I suggest the hearing before Master Barratt would provide the ideal occasion for such exchanges. Indeed the Master may wish to read these also to ensure that nothing has been overlooked.

If, however, you persist with your clients' new demands for confidentiality and the concomitant inclusion of a penalty clause, neither of which was mentioned by you until 14th May 1992, these new conditions would inevitably require a renegotiation.

Yours sincerely, Andrew Malcolm

Draft Consent Order

The Plaintiff and Defendants having agreed to the terms set forth in the Schedule hereto

BY CONSENT IT IS ORDERED THAT all further proceedings in this action be stayed, except for the purpose of carrying such terms into effect with liberty to apply as to carrying such terms into effect and with no Order as to costs.

Schedule

1. The balance of the funds held in Court to the credit of this action, namely £XXXXX plus interest accrued since 2nd May 1991, shall forthwith be paid out to the Plaintiff in full and final settlement of all causes of action herein, as directed in the Payment Schedule annexed hereto.

2. The Plaintiff's Appeal and the Defendants' Respondents' Notice shall be dismissed by consent, such forms of dismissal by consent to be signed exchanged and lodged on the date hereof.

3. The Defendants will use their best endeavours to procure the agreement of Sir Michael Atiyah, Dr. Lauchlan Glenn Black and Miss Anne Smallwood not to enforce the Order for taxation of their costs made by Master Barratt on 9th March 1990 or any other costs claims against the Plaintiff, such letters of agreement from the solicitors for the abovementioned to be addressed and handed to the Plaintiff on the date hereof.

4. The Plaintiff hereby releases Sir Michael Atiyah, Dr. Lauchlan Glenn Black and Miss Anne Smallwood from any and all claims arising out of this cause of action.

5. Each party hereby agrees to bear its own costs of the action notwithstanding any Order for costs made in these proceedings.

Click for the next item in this correspondence or for the correspondence index.

Return to the Malcolm vs. Oxford I (1984-92) Index, or to the Malcolm vs. Oxford II (2001-02) Index.

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, to the Appeal Court Judgment, to the Damages assessment, to 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.