Holocaust Denial on Trial, Skeleton Argument of the Claimant (long): Electronic Edition, by Adrian Davies

Table of Contents
<< Racism and Anti-Semitism >>

The issues as pleaded

6.There is a very fair summary by Gray J at paragraphs 1.1 to 2.16 of his judgment, which Irving adopts, subject only to one point on   paragraph 2.16, set out at paragraph 7 below. Irving also adopts Gray J's words at 13.1:--
"The charges levelled at Irving's historiography appear to me to lie at the heart of what Lipstadt wrote about him in Denying the Holocaust."
i.e., not charges of "racism" (whatever that might be) or anti-Semitism, neither of which (as Gray J rightly observed) had been alleged by Lipstadt in Denying the Holocaust, nor pleaded by Irving as a libel upon him by his Statement of Claim, nor yet pleaded or relied upon by way of particulars of justification in either Defendant's Defence.
7.While Irving generally adopts Gray J's summary, he submits that the natural and ordinary meaning of Lipstadt's words at p. 213 of Denying the Holocaust, viz. "Nolte, echoing David Irving, argues that the Nazi 'internment' of Jews was justified because of Chaim Weizmann's September 1939 declaration that the Jews of the world would fight Nazism" is that Irving approves of the imprisonment and (by the popular innuendo apparent from the use of quotation marks around the word 'internment') the killing of Jews in concentration camps. To the extent necessary, Irving will seek leave to amend his Statement of Claim to plead this matter more fully.

accessed 12 March 2013