CLIFFORD CHANCE, Blackfriars House, 19 New Bridge Street, London EC4V 6BY
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ref. KEA/O0452/001/MTS

Mr Andrew Malcolm
xx Southover Street
Brighton
Sussex
BN2 2UD

Without prejudice save as to costs

Dear Sir

Oxford University Press

Thank you for your letter of 28 May 1992 which we received today.

In our letter of 18 May 1991, we proposed a formula to resolve your reluctance to consent to the dismissal of the Appeal before payment out of the funds, and the reluctance of our clients to agree to the payment before the Appeal has been dismissed: the exchange by the parties of signed counterparts of an agreement, of a form of Dismissal By Consent signed by you and of a Consent Order signed by us.

Our clients would be prepared to agree to use their best endeavours to procure letters of agreement from the solicitors to the third parties, addressed to you, to be handed to you at the time of the proposed exchange of documents, on condition that the signed agreement incorporated a form of release and an undertaking as to confidentiality of settlement in terms acceptable to our clients. We furnished you with draft clauses on 14 May and still await your proposals in this regard.

We understand that the Appeal has now been set down for hearing on 20 July 1992. Clearly, if it is not possible to resolve this matter shortly, it will be necessary to commence preparatory work for the Appeal.

Yours faithfully

Clifford Chance

A list of the names of the partners and their professional qualifications is open to inspection at the above office. The partners are either solicitors or registered foreign lawyers regulated by The Law Society under the Financial Services Act 1986

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