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Holocaust Denial on Trial, Appeal Judgment: Electronic Edition, by Lord Justice Pill

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Gray J's judgment

8. The judgment of Gray J can only be admired for its comprehensiveness and style. It has the unusual accolade for a judgment of being published, verbatim and without commentary, in book form. The publishers are the Penguin group and the book runs to 350 pages. It is not necessary, in order to determine this application, to attempt the comprehensiveness to which the judge aspired, and which he attained, following a very long trial. His conclusions on each issue are succinctly stated. Plainly reference to his summary of evidence and submissions is on some issues necessary to assess the validity of his conclusions but it is not necessary or appropriate to set out that evidence extensively. It is for the applicant to demonstrate that there is a real prospect of an appeal succeeding.
9. Having set out an overview of the applicant's claim and of the defence of justification, the judge set out in sections (v) to (xii) of his judgment the contentions of the parties on each of the issues in dispute. Section (v) considers specific criticisms made by the respondents of the applicant's historiography under 18 headings, each of them being concerned with a specific event or events in the history of the Third Reich. Auschwitz, not surprisingly, has a long section (section vii) to itself. The judge's findings on justification are set out in section xiii (including findings under section 5 of the 1952 Act) and is followed at section xiv by the judge's verdict in favour of the respondents.