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In the High Court of Justice

DJC Irving

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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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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.





1996-I-No. 1113



B E T W E E N:



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First Defendant

Second Defendant



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

(ii) alternatively recklessly

(iii) and in the further alternative by reason of gross and culpable negligence sworn a false Affidavit purporting to verify her list of documents, which list did not include documents highly material to these proceedings, to wit Thames Television Videos Nos. 223 ("Dispatches, 27.11.1991...", "This Week, 28.11.1991"), 226 ("This Week, Thames TV, original film material...tape 1"), 227 ("This Week, Thames TV, original film material ... tape 2"), as described in the Plaintiff's Affidavit exhibited hereto [not posted]

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

(ii) whence the Second Defendant or her solicitors obtained the videotapes above-mentioned

(iii) what has become of item 221 mentioned in the first paragraph of Mishcon de Reya's letter to the Plaintiff dated April 8, 1999

(iv) whether items Numbers 224 and 225 in the series 221, 223, 226, 227 which is to be inferred from this letter are videotapes and

(v) what has become of them and

(vi) why inspection thereof has not been offered to the Plaintiff pursuant to the Order herein of Master Trench dated November 3, 1997; and in either case

(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
21 Southampton Row,
London, WC1B 5HS
Solicitors for the Second Defendant

Time estimate - one hour

 This Summons was taken out by David Irving, 81 Duke St., London, W1M 5DJ, Plaintiff in Person

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