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Penguin Books Ltd and Deborah Lipstadt

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In 1993 American scholar Deborah Lipstadt published Denying the Holocaust, product of a research contract funded by an Israeli agency.

British writer David Irving claims that it libels him.

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London, Monday, April 19, 1999

Dear Mr Libson

Professor Deborah Lipstadt

Responding to your query about side (b) of the September 1992 microcassette, although I have not had a chance to review its contents again, I have now determined that a few days after that function Mr Julian Kossof of The Jewish Chronicle approached me about the sequence of events, and I voluntarily loaned the tape to him for his newspaper to review and use as it saw fit. That characteristic act of generosity seems to destroy any privilege that I might have argued existed in side (b). I claimed that privilege because it is not a tape of me speaking, so its relevance appears questionable, and that is still my position.

2. I have received by fax your letters of today's date, timed respectively 2:45 and 6:36 p.m., in which you state that the three "rogue" videos are privileged. Please state your grounds for claiming privilege in them. From their labels all three are prima facie discoverable documents in this action, and they clearly originated before this action was commenced.

Yours sincerely,

David Irving



Mishcon de Reya, Solicitors
• attn.: James Libson •
21 Southampton Row
London WC1B 5HS

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