Warby (reading): "Oxford University Press has defended itself in this action to defend the status of its imprint which Mr Malcolm has coveted."
LJJ Leggatt & Nourse in chorus: Coveted!?!
Warby: Yes, my Lords, coveted.
LJ Mustill: You mean he wanted their colophon on his book?
LJ Leggatt: Are these words out of your mouth, Mr Warby?
Warby: The status of the statement is that is has been prepared by my clients, my Lords.
LJ Leggatt: Of course they are out of your mouth, Mr Warby, but... (the judges laugh.)
Warby: I do not feel I should put any gloss on the statement. (Resumes reading) "Notwithstanding what has been said in evidence, at all relevant times books published by OUP had to obtain the approval of the Delegates. They are particularly concerned to maintain the high academic standards of their scholarly and pedagogic works. All the evidence indicates that Mr Malcolm's work did not reach the appropriate standard. Many manuscripts of greater merit have to be rejected by OUP every year. It was not until after legal proceedings were initiated that the Delegates were aware that Mr Hardy had made a commitment beyond the scope of his authority. He assured us, and we accepted what he said, that to be binding his decision had to be approved by the Delegates. OUP accepts that the negotiations were not handled as they should have been, and apologises for any pain and inconvenience caused. However, some aspects of Mr Malcolm's conduct of the case have only served to harden the Press's attitude."
Go to the Judgment of the Court of Appeal.
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 Cambridge package and the Adrasteia package, to the publishing contract affidavits: Giles Gordon (1); Mark Le Fanu, to the APPEAL COURT JUDGMENT, to the damages affidavits: Alan Ryan; Asquith (3); Jeremy Mynott; Giles Gordon (2); Fred Nolan; Roy Edgley, to McGregor on Royalties (transcript), to the DAMAGES FINDINGS, and 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.