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 26th May, delivered today. I note that your clients' answer (paragraph 7) to my chief procedural question is "yes".

For clarity, I will take the further points one at a time.

With regard to Sir Michael Atiyah et alia, you imply that your clients would use their best endeavours to procure only a letter from these witnesses' solicitors to you. Such an 'agreement' would, of course, in law be of no value to me. I therefore have another pair of simple questions, the first of which again requires only a simple "yes" or "no" answer.

1. Are your clients prepared to use their best endeavours to procure from these 3 witnesses' 2 sets of solicitors' letters addressed and sent to me agreeing not to enforce Master Barratt's costs Order of 9th March 1990?

2. If so, how long do you envisage such letters will take to procure?

Since both sets of solicitors have confirmed on record that their fees are in fact being paid by your clients, I do not imagine that there need be any difficulty in getting prompt answers to these two questions.

Yours sincerely, Andrew Malcolm

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