[All
images added by this website] Wednesday,
August 27, 2008 The
First Post David Irving
sues for loss of archives DAVID IRVING, the right-wing
historian who was imprisoned in Austria for
denying the
Holocaust
[not
so: it was for "trying to revive the Nazi
Party"!]happened, is
about to return to court. This time, however, he is
on the attack. Irving is suing
his former lawyers
Howard Kennedy, solicitor Peter Laskey, and
legal executive Peter Ling in a dispute over
his £750,000 Mayfair flat and for the loss of
his historical archives. David
Irving comments: | SOMEBODY has leaked
court papers to the press, not I. The
journalists may not have been told the
whole story. Their reports conceal
the
fact that our claim is for
"professional
negligence",
a very serious charge to make against any
attorney. The brief facts are these: in the
aftermath of the failure of the Lipstadt
Libel action, I flew to the United
States on a long pre-arranged speaking and
research tour. Lipstadt's publishers
had lodged a bankruptcy petition, which we
were appealing; the appeal was to be heard
on May 22, 2002. Our lawyers stated that
we had every prospect of success, as her
publishers had themselves suffered no
losses. The bank holding the
mortgage on my apartment off Grosvenor
Square, where I had lived for thirty-four
years and raised two families, suddenly
foreclosed, on the grounds that a
petition had been issued, although
we had made the agreed interest payments
right up to that point. They even obtained
a possession order, which was served on us
in April, 2002. A few days later, on about
May 7, 2002, they actually obtained an
early date for possession: we were to be
evicted on May 23, 2002. I was still in
the United States. With our appeal just due
to be heard, no judge would have refused
us a reasonable stay of execution of the
possession order, probably of four weeks,
if we applied for it. It is a simple
application, one that I would have
normally made in person; being overseas,
however, on May 8, 2002 I instructed
attorney Peter Laskey and his firm
to make the application. He banked our two
thousand pound (US $4,000) check -- and
went off to Moscow for a week. Without
telling us, he did not make the
application, either then or when he
returned. Nor did his law firm. On about
May 20, when I eventually inquired from
Seattle, eight time zones away, what the
court had ruled, he finally admitted in an
email that he had failed to make the
application. The results were
catastrophic. Not only did we lose our
home three days later; I lost my entire
archives, manuscripts, equipment, and
research materials. The court will have to
decide if it was through professional
negligence.
MANDRAKE incidentally seems not to know
that his paper, The Sunday
Telegraph, published my first four
books as serials. | In court papers, Irving alleges that his
lawyers failed to carry out his instructions to
deal with a possession order issued against the
property in Duke Street following his unsuccessful
libel action against the American academic Deborah
Lipstadt. Irving had sued her for libel after she
accused him of being a Holocaust denier. He was
subsequently arrested during a visit to Austria,
where it is a crime to glorify and identify with
the German Nazi Party. After a trial in Vienna, he
served a prison sentence from February to December
2006.
The legal action against Lipstadt cost Irving
£3m in legal fees and ultimately resulted in
him filing for bankruptcy. Even worse, at least
from his point of view, when the flat was
re-possessed he also lost his historical archive,
which he values at £500,000. Irving, 70, maintains that his legal advisors
failed to tell him "in a timely manner" of their
omission [that he was in danger of losing the
Duke Street apartment], which would have
allowed him to take action to save his home and
historical papers. While he values the loss of his
possessions and archives at half a million
£500,000 and also wants damages for grief and
distress, he has limited his claim for damages to
£300,000. London, August 24, 2008Irving heads
back to court Mandrake by Tim
Walker The unsavoury Right-wing author
David Irving, who was imprisoned in Austria
for denying
the Holocaust, is about to
return to court. This time Irving, 70, is suing his former
lawyers Howard Kennedy, solicitor Peter
Laskey, and legal executive Peter Ling
in a dispute over his £750,000 Mayfair
flat. Irving alleges in court papers that they failed
to carry out his instructions to apply to the court
to stay a possession order against the property in
Duke Street following his unsuccessful
libel action against the American academic
Deborah Lipstadt, which landed him with a
£3 million legal bill and led to his
bankruptcy. Now living in Dorney,
Windsor, Irving blames the legal team for the
loss of his possessions and historic archives,
and is claiming damages of £300,000. He also maintains that they failed to tell him
"in a timely manner" of their omission, which would
have allowed him to take remedial action himself.
He values the loss of his possessions and historic
archives at £500,000 and also wants damages
for grief and distress but limits his claim for
damages to £300,000. The legal team intends to defend the action and
Irving will have to return to the Royal Courts of
Justice where, eight years ago, he unsuccessfully
sued Miss Lipstadt for libel after she had accused
him of being a Holocaust denier in a book. He was subsequently
arrested during a visit to Austria, where it is
a crime to glorify and identify with the German
Nazi Party. After a trial in Vienna, he served a
prison sentence from February to December
2006. -
The
Lipstadt Trial: index
-
David
Irving vs.Peter Laskey and others: High Court
Claim document
-
-
David
Irving, a Radical's Diary: He
speaks in Manhattan and
Washington,
and a journalist called Blumenthal interviews
him on film:
YouTube
version
| Blumenthal
writes on Huffington Post
|