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29th November 2002
Dear Peter,
David Irving v. Penguin Books Ltd & Anr
This afternoon I attended at Smith Bernal's offices to
listen to the tapes of the hearing before Gray J. on
5th May
2000, which led to the making of the interim costs
order.
The quality of the recording is indeed very poor, but
fortunately I have been able to unscramble pp. 66 to 70
which, together with Miss Rogers's remarks at p.
3, are the crucial passages for present purposes. I have
accordingly sent the corrected transcript back to Smith
Bernal for amendment.
| Glossary |
Damnification The actual losses or
costs sustained. In this case, Penguin have
admitted they suffered no financial loss
whatever. |
It does seem to me that we have good grounds for an
application to Gray J., bearing in mind the words
of Bramwell B. in Harold v. Smith 5 H.
& N. 381 at 385, namely that: -"if the extent of the damnification can be
found out, the extent to which costs ought to be
allowed is also ascertained."
I will now set to work on a draft witness statement
for David [Irving] and yourself to consider,
settle the wording of an application notice, and prepare
a skeleton argument, while we all wait for Smith Bernal
to finalize the transcript.
In the meanwhile, I should be grateful if you would
kindly send me a copy of your letter to Davenport Lyons
of 4th July (I have their answer of 17th July, but not
your to them). I should also be grateful to see any other
correspondence in this series of letters.
Yours sincerely,
Adrian Davies
