The Final Gavel:
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Part A I, David John Cawdell Irving of
[. . .]
London W1J 7SE, the Claimant herein, intend to apply for
the following relief:- - That the interim costs order made herein pursuant
to CPR Rule 44.3 (8) ("the Interim Order") by Gray J.
on 5th May 2000 be discharged;
- Alternatively, if the Court is of the opinion that
it does not have jurisdiction to discharge the Interim
Order, a stay on the Interim Order, with permission to
appeal against it out of time;
- In either case, an unless order pursuant to CPR
Rules 47.8 (1) (b) and 47.8 (2), requiring the First
Defendant [Penguin Books
Ltd] to lodge its bill of costs for
detailed assessment within fourteen days, or have its
costs disallowed.
2. That the First Defendant do
pay the costs of this application. Part B I wish to rely on the evidence in my sixth affidavit
sworn herein on 5th May 2000 and exhibit DJCI7 thereto in
support of this application, and also upon the official
transcripts of the several hearings before and judgments
of (i) Gray J. on
5th May 2000 (ii) the Court of Appeal (Pill, Mantell
and Buxton LJJ.) on 20th July 2001, and (iii) Peter Smith
J. on 21st May 2002 To make a
substantial one-time contribution to this last battle, go
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The total sum necessary is around £15,000 ($25,000);
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