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David Irving v Penguin Ltd and Prof Deborah Lipstadt

 

Under the new Civil Procedure Rules each of the parties is called upon to make an offer of settlement before trial: On September 11, 1998, Mr Irving made to Penguin Books Ltd a verbal offer to release them from the action, followed that same day by a written offer, in which he undertook to halt all further action against them in return for a token payment of five hundred pounds (£500.00) to a charity for the limbless, and an apology. On October 10, 1999 he made to Penguin and Lipstadt a properly drafted Part 36 offer to settle couched in even more reasonable terms (below).

 

Claim 1996 - I - No. 1113

IN THE HIGH COURT

(QUEEN'S BENCH DIVISION)

 

BETWEEN

DAVID JOHN CAWDELL IRVING

Claimant

and

 

PENGUIN BOOKS LIMITED

First Defendant

DEBORAH E. LIPSTADT

Second Defendant

 

 

PART 36 OFFER BY CLAIMANT

 

The Claimant hereby offers to settle his libel claim for the gross amount of £500 (which will be donated to a charity to be nominated by the Claimant). This offer is to remain open for acceptance for 21 days from the date it is made and may be accepted after that only if the parties agree the liability for costs or the court gives permission.

The following information is supplied in clarification of this offer:-

  • it is intended to settle the whole of the Claimant's claim
  • it is intended also to settle any counterclaim against the Claimant that might otherwise be asserted
  • it is not intended to affect any rights over or against anyone else that the Defendants may wish to assert, by Part 20 claim or otherwise
  • it is not intended to affect any rights that any other person may wish to assert against the Defendants
  • the offer, above, is inclusive of interest
  • if the offer is accepted without needing the permission of the court, the Claimant will be entitled to his costs of the proceedings up to the date of the Defendant's serving notice of acceptance as provided in CPR 36.13(1).

 

Dated [October 10, 1999]

Signed

 

Sept 1998: Mr Irving offered secretly to settle with Penguin Books if they donated $800 to a charity
Oct 2004: Popular myth dispelled Richard Santana believes that Mr Irving wanted to make a killing from the Lipstadt trial
 

© Focal Point 2000 write to David Irving