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    Judgment and Appeal

    Trial Judgment: Charles Gray

    Appeal Documents:

    The Appeal sections contain the primary documents of the appeal hearing held in Court 73 before three lord judges: Judges Mantell, Buxton and Pill. Irving’s lawyer, Davies claimed that Irving might be a sloppy historian, but he was not a deliberate liar. He had simply arrived at “reasonable alternative positions” regarding the evidence and began to rehash much of the material covered in the trial. Four weeks later, the Court of Appeals handed down its judgment. Irving did not attend the court session. The judges found that Judge Gray’s ruling was the model of “comprehensiveness and style” and that it stood. The appeal was rejected. The judges also ordered the Irving pay the court costs. The Appeals section also contains the defense and the prosecution’s legal submissions.

    Appeal: Statement of Mark David Bateman

    I, MARK DAVID BATEMAN of Davenport Lyons of 1 Old Burlington Street, London W1S 3NL will say as follows:- 1.  I am an Associate in Davenport Lyons, Solicitors for Penguin Books Limited (‘Penguin’) which was the First Defendant in this action. I have had conduct of this matter at Davenport Lyons under the supervision of my…

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    Appeal: Statement of Nigel Barry Adams

    I, NIGEL BARRY ADAMS of Bishopsgate House, 5/7 Folgate Street, London, El 6BX, Solicitor of the Supreme Court, STATE as follows: 1.  I am the Principal of Nigel Adams & Co. My firm has just been appointed to act for the Claimant. I have conduct of this action. Unless otherwise stated, what I say is true…

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    Appeal: Skeleton Argument of the Claimant (long) by Adrian Davies

    The Claimant 1.The Claimant, Mr David John Cawdell Irving (“Irving”) seeks permission to appeal against two orders of Gray J, the first dated 11th April 2000, and the second dated 5th May 2000. 2.By his order of 11th April 2000, Gray J ordered inter alia that judgment should be for the Defendants, Penguin Books Limited,…

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    Appeal: Outline submissions on behalf of the First Defendant by Richard Rampton

    Outline submissions on behalf of the First Defendant 15th May 2001 The applications before the Court of Appeal 1.  The Claimant (“Irving”) has two applications before the Court of Appeal: 1.1  Application for permission to appeal dated May 2000 (as amended in August 2000). The trial judge, Gray J, had refused permission to appeal on April 2000.…

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    Appeal: Order, Court of Appeal

    UPON THE CLAIMANT’S APPLICATION by Notice dated 1st March 2001 AND UPON hearing Counsel for the Claimant and Counsel for the First and Second Defendants AND UPON reading the affidavits of Zoe Polanska-Palmer and Germar Rudolf Scheerer and the seventh affidavit of the Claimant IT IS ORDERED THAT:– 1.  The Claimant be permitted to rely on…

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    Appeal: Claimant’s Skeleton Argument by Adrian Davies

    Claimant’s Skeleton Argument 1.  In September 1996 the Claimant issued a writ against the Defendants for libel. 2.  On 11th April 2000 Gray J found in favour of the Defendants on their defence of justification, and refused to give permission to appeal (Vol. A, tab 2). 3.  On 5th May 2000 Gray J ordered (Vol. A, tab 3)…

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    Appeal: Judgment by Lord Justice Pill

    Lord Justice Pill: This is the judgment of the Court. Background 1.  This is an application for permission to appeal against a judgment given by Gray J on 11 April 2000 whereby he dismissed a claim by Mr David Irving (“the applicant”) that he had been libelled in a book entitled “Denying the Holocaust — The…

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