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Amended Saturday, February 14, 2004

Mr Irving intitiates High Court action for the return of his property and archives wrongfully seized by the official trustee Joanne Brittain of the firm Baker Tilly in May 2002.

In the High Court of Justice No. 257 of 2002


Applicant David John Cawdell Irving


Respondent Louise Brittain, Trustee of the Applicant's Estate


TAKE Notice that I intend to apply to the Judge/Registrar on : -

Date       the day of                   2003

Time       at hours [time estimate: ____________]


for Orders that:

(a) the Respondent restore forthwith to the Applicant's custody (and at her own expense) all those items which were seized by the Respondent or her agents from No. 81 Duke Street, London W1 ("the Premises") and which are claimed by the Applicant in the attached Witness Statement and Schedules [not posted] appended thereto as having been the tools of his trade, personal possessions of a domestic nature, the possessions of his family, or possessions otherwise excluded from sequestration under s.283(2) of the Insolvency Act 1986;

(b) that the Respondent should not dispose of any of these assets pending the resolution of this issue; and

(c) that no charge should be levied by the Respondent or her agents against the Applicant or his Estate for the wrongful removal or storage of these above-mentioned possessions;

(d) that damages to be assessed at a later date be awarded against the Respondent for wrongfully depriving and continuing to deprive the Applicant of these possessions, which are essential to the conduct of his calling as an historian and writer; and

(e) that the Respondent do satisfactorily answer all the Applicant's questions as to the whereabouts or final disposal of his remaining valuable possessions which were retained within the Premises after the Respondent, having seized them or wrongfully asserted title to them, all the while mendaciously informing the Applicant that they had been taken into storage, abandoned her claim to them without notifying the Applicant and allowed their unlawful disposal or destruction by the Mortgagee of the Premises.


Dated the fifteenth day of October 2003,

Signed ………………………………………………………………………………………

David John Cawdell Irving (the Applicant)



Form 7.2 &endash; Ordinary Application

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