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Posted Wednesday, February 4, 2004

Mr Irving writes to Louise Brittain of Baker Tilly, official trustee appointed to seize his estate, February 10, 2004

London, February 10, 2004

Dear Ms Brittain

You will have been notified of the course of yesterday's hearing on my application and that of Lipstadt. I have only now been shown the exhibits to the Lipstadt witness statement [by Danny Davies of Mishcon de Reya, lawyers], and have these comments:

  1. I am deeply concerned that you have allowed third parties who are clearly hostile to my interests, of which you are Trustee, to read my private correspondence and papers, although these are precisely the kind of papers that Haig vs Aitken makes clear were illegally removed by yourselves from my possession. This letter gives notice that I reserve the right to make this the subject of a claim for further damages, and I ask you to confirm that pending the resolution of these two applications you will allow no further access by either Jersak [an expert] or Mazal [a Holocaust professional] or others of that ilk to my papers, and in particular that they are not allowed to transcribe, photocopy, or otherwise make notes from them.
  2. I am also concerned at remarks (page 115 of the exhibits to Mishcon's witness statement) indicating that Mr Jersak (or others) are being allowed to separate interesting items from my files. As these files are inevitably going to be returned to me, pursuant to my application, I shall claim compensation for any disarray which you allow to be introduced into them and for items which are found to be missing. These files are all urgently needed for my current research, which is why they were created. The above does not refer of course to the purely financial files which you are entitled to remove.
  3. We propose applying for the applicant Lipstadt to be directed to provide security for costs, given that she is resident beyond the seas and has shown herself to be a persistent contemnor of court orders. We invite you to do the same.
  4. I shall consider applying for a bench warrant for Lipstadt's arrest when she next comes to the UK, given her persistent disregard for orders of the Court.
  5. I see that you provided to Mr Mazal a complete list of all my documents and books, and that this is also in Mishcon's hands, but you never provided that list (books, etc.) to me. This seems discourteous at best, and deceitful at worst.
  6. Finally, I was disturbed to read in one document that you are selling off items of furniture from my estate (your letter of June 18 to Mishcon de Reya). I remind you of your written undertaking to me to make no such sales without giving me two weeks' notice of same. This is particularly urgent in view of my claim that many of these goods were illegally removed by yourselves.

Yours sincerely,

David Irving


Our dossier: The fight over Mr Irving's seized possessions and archives
See Radical's Diary about this letter and further developments, Friday, Feb 13, 2004

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