I, RICHARD DENIS PAUL CHARKIN, of 81 Fulham Road, London SW3 6RB MAKE OATH AND SAY as follows:
1. I am the Chief Executive of the Consumer Division of Reed International Books, known as the Octopus Publishing Group. From 1975-1988, I was employed by the Oxford University Press ("the Press"). Prior to that time, I had been the Senior Publishing Manager in the Life Science Division of Pergamon Press for one year, and previously the Commissioning Editor of the Science Division of George Harrap and Co. for two years.
2. At Oxford University Press, the following procedures are adopted in respect of books which are to be published: editors commission a book, which involves either contacting an author about writing a book, or viewing unsolicited work sent in by authors. Once an editor receives a proposal for a book, the manuscript will be sent off to a referee for his opinion. Once that opinion has been obtained, a publishing proposal form is filled out with proposed economic details for a book. That form is taken to an editorial meeting, at which editors, sales and production staff and the Publisher are present. The proposal Is discussed, and if it is decided that a book should be submitted to the delegates for approval, the publishing proposal form is signed.
3. In 1985, I was the Managing Director of the Academic and General Division of the Press. In that capacity I had authority to sign the publishing proposal form for a book following discussion of it at an editorial meeting. On 17 July 1985, I attended the editorial meeting of the General Books Department. That meeting was normally chaired by the Editorial Director of the Defendant, but he was at that time away ina the United States so I attended the meeting. Henry Hardy was not present at the meeting.
4. At that meeting, a publishing proposal form, a copy of which is now produced and marked "RDPC I" was presented in respect of "Making Names", and an oral presentation was made by a junior editorial assistant, although I cannot now remember which assistant gave the presentation. To the best of my recollection, the assistant referred to "Making Names" as a popular philosophy book which Henry Hardy thought showed promise and which approached the subject of philosophy from an interesting point of view for the general reader.
5. The meeting then discussed the proposal. Although I do not recall precisely what was said, I recall that the sales people were unenthusiastic about the sales prospects. I was less than enthusiastic that the book should be published. I reached this decision using three criteria, namely profitability, quality and author. While a book does not need to meet all three criteria, it must meet at least one. I felt that "Making Names" did not satisfy any of those criteria. I had had the opportunity of reading the readers' report and a note from Angela Blackburn, the Philosophy editor, on which I based my conclusions as to the quality and the author.
6. So far as the question of profitability was concerned, I did not believe that the 2000 copies referred to on the publishing proposal form which is Exhibit "RDPC 1" would have provided sufficient return on the book and in any event, I believed that it was unlikely that the book would sell 2000 copies in hardback.
7. if the book had sold no more than 1000 copies, I do not believe that the Press would have published a paperback edition. If the book had sold more copies, and if it had also been reviewed well, then the Press might have chosen to publish the book in a paperback edition but then again its sales would hardly have justified the investment.
8. After the meeting I reviewed the file relating to the book. My perusal of the file confirmed my opinion that none of the criteria was met.
9. It is the practice of Academic and Educational Publishers to calculate royalties on the basis of net receipts (that is published price less discount). Discounts vary, in general between 35% and 50%, although a higher discount may apply, for example, up to 65% for sales in Australia.
10. It usually takes about a year to publish a book although in special circumstances publishers may try to bring a book to publication more quickly.
Sworn in Oxford by RICHARD CHARKIN, 21st June 1991.
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.