On April 8, 1999 a courier delivered back to David Irving a box containing the scores of video- and audiotapes which he had voluntarily disclosed to Prof. Lipstadt's lawyers. Inadvertently, the box contained however three other videotapes he had not seen before ... crucial evidence for which he had been searching for six years.
LET all parties concerned attend Master Trench in Chambers in Room E.121, Central Office, Royal Courts of Justice, Strand, London WC2 2LL on the 23rd day of April 1999 at 3.30 in the afternoon on the hearing of an application by the Plaintiff for an Order that:
(1) the Second Defendant having on the 20th day of January, 1999
(i) fraudulently and with intent to deceive the Plaintiff
the Second Defendant's defence be struck out with costs, including the costs of this application, the Plaintiff to be at liberty to set the action down for trial on the evidence of the Plaintiff and the First Defendant alone, and the Second Defendant to be debarred from giving evidence without the leave of the Trial Judge; alternatively
(2) the Second Defendant do within seven days from the date of the said Order make and serve upon the Plaintiff a Further & Better List of the documents which are or have been in her possession, custody or power relating to any matter in question in this action, and that Anthony Julius, a partner in the firm of Mishcon de Reya, solicitors for the Second Defendant, file an Affidavit verifying such list and stating in particular
(i) when and
(3) that the costs of and occasioned by this application be the Plaintiff's costs in any event, to be taxed forthwith on an indemnity basis and paid by the Second Defendant to the Plaintiff.
Dated this sixteenth day of April 1999.
TO: Messrs Mishcon de Reya
Time estimate - one hour
This Summons was taken out by David
Irving, 81 Duke St., London, W1M 5DJ, Plaintiff in Person