UPON THE APPLICATION UPON THE APPLICATION of the defendant by Summons dated the 8th March 1991
AND UPON HEARING the Solicitors for the Plaintiff and the Solicitors for the defendant
AND UPON READING the documents recorded on the Court File as having been read
IT IS ORDERED
(1) that the Plaintiff's Affidavit sworn 29th March 1991 herein be treated in part as Points of Claim and in part be treated as evidence or submission where appropriate
(2) that the Defendant be at liberty on or before 3rd May 1991 to serve its Points of Defence
(3) that the defendant do on or before 17th May 1991 admit or deny the facts referred to in the Plaintiff's Affidavit sworn 29th March 1991 so far as they are not accepted as constituting the Plaintiff's Points of Claim
(4) that the Plaintiff do on or before 31st May 1991 serve his Points of Reply
(5) that the Plaintiff do on or before 3rd May 1991 serve his Affidavit verifying the list of documents disclosed by the Plaintiff
(6) that at the hearing of the assessment of damages each party may adduce the expert evidence limited to 3 witnesses provided the reports of such experts be disclosed to the other party not less than 21 days before the commencement of the said hearing [Note: Oxford had originally applied to have the number of witnesses limited to a maximum of two per side. At the directions hearing, they sought to increase this to three per side, as here granted by Chancery Master Barratt. In the event, on the exchange of witness statements (21st June 1991), Oxford produced no fewer than thirteen witnesses, of whom seven were, mysteriously, then allowed by Barratt to appear before him, taking up a whole day. Alan Ryan's affidavit was admitted, but because he was in the U.S.A. at Princeton, he could not be cross-examined on it. At the directions hearing, Barratt had stated that he did not want to hear from anyone who had not by then read Making Names, but again in the event, and again mysteriously, only one of Oxford's witnesses, Jeremy Mynott, claimed to have done so. - A. M.]
(7) that the evidence of witnesses of fact and or expert witnesses be given by way of Affidavit to be filed with the court and served on or before 21st June 1991 provided that the Party on whose behalf any Affidavit has been sworn do if required to do so by notice in writing served by the opposite party not less than 14 days prior to the date of hearing produce the deponent at the hearing for cross-examination
(8) that the Parties be at liberty to apply
(9) that the costs of the said Application be reserved to the assessment of damages
Go to Oxford's Points of Defence (damages).
Go to Malcolm's original Statement of Claim (re. contract) 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 Malcolm's Points of Claim (the first item in the damages series), to the Damages assessment, or to the Settlement agreement.
Return to the Malcolm vs. Oxford I (1984-92) Index or to the Malcolm vs. Oxford II (2001-02) Index or to the SITE INDEX.