[solicitors for Penguin Books Ltd]
September 11, 1998:
Irving vs. Penguin and Lipstadt: Denying the
This action has now been progressing for two years.
Today as you will know there was a lengthy hearing before
Master Trench, and I spoke with a representative of your
firm [Mark Bateman, standing behind right shoulder
of Lipstadt, in photo]. It is quite apparent to
me that your client does not share the bitter hostility
of Ms Lipstadt and Mr Julius. I would be willing to
settle with Penguin separately quite independently of Ms
Lipstadt on the following terms:-
Your clients would write me an open letter withdrawing
the allegations made in the book by Deborah Lipstadt
entitled Denying the Holocaust on their account, though I
appreciate they cannot do so on the author's account.
Your clients would undertake not to re-publish these
allegations and would further undertake to use all
reasonable endeavours to withdraw the work from sale in
the jurisdiction and destroy all remaining copies. I
would further ask your client as a token of apology to
pay the sum of £500 to the British Limbless
ex-Servicemen's Association in the name of my daughter
(who lost her legs).
If your clients would agree to such a settlement I
would suggest that there should be no order as to costs
between us. I further propose that it would be in the
interests of myself and your clients that the terms of
any settlement should be kept confidential and not
disclosed to the First Defendant or her solicitors.
For the avoidance of any possible doubt as to the
position between myself and Ms Lipstadt the terms of this
settlement would have to be put into Tomlin form
specifically reserving my right to continue the action
against Ms Lipstadt. While these are the terms on which I
would be prepared to settle with your client I do reserve
the right to comment in some detail on the precise form
of the Tomlin order because I do not intend to settle
with Ms Lipstadt.