London, February 10, 2004 Dear Ms Brittain You will have been notified of the course of yesterday's
hearing on my
application and that
of Lipstadt. I have only now been shown the
exhibits to the Lipstadt witness
statement [by Danny Davies of
Mishcon de Reya, lawyers], and have these
comments: - I am deeply concerned that you have allowed third
parties who are clearly hostile to my interests, of which
you are Trustee, to read my private correspondence and
papers, although these are precisely the kind of papers
that Haig vs Aitken makes clear were illegally
removed by yourselves from my possession. This letter
gives notice that I reserve the right to make this the
subject of a claim for further damages, and I ask you to
confirm that pending the resolution of these two
applications you will allow no further access by either
Jersak
[an expert] or
Mazal [a Holocaust
professional] or others of that ilk to my
papers, and in particular that they are not allowed to
transcribe, photocopy, or otherwise make notes from
them.
- I am also concerned at remarks (page 115 of the
exhibits to Mishcon's witness statement) indicating that
Mr Jersak (or others) are being allowed to
separate interesting items from my files. As these
files are inevitably going to be returned to me, pursuant
to my application, I shall claim compensation for any
disarray which you allow to be introduced into them and
for items which are found to be missing. These files are
all urgently needed for my current research, which is why
they were created. The above does not refer of course to
the purely financial files which you are entitled to
remove.
- We propose applying for the applicant Lipstadt to be
directed to provide security for costs, given that she is
resident beyond the seas and has shown herself to be a
persistent contemnor of court orders. We invite you to do
the same.
- I shall consider applying for a bench warrant for
Lipstadt's arrest when she next comes to the UK, given
her persistent disregard for orders of the Court.
- I see that you provided to Mr Mazal a complete list
of all my documents and books, and that this is also in
Mishcon's hands, but you never provided that list (books,
etc.) to me. This seems discourteous at best, and
deceitful at worst.
- Finally, I was disturbed to read in one document that
you are selling off items of furniture from my estate
(your letter of June 18 to Mishcon de Reya). I remind you
of your written undertaking to me to make no such sales
without giving me two weeks' notice of same. This is
particularly urgent in view of my claim that many of
these goods were illegally removed by yourselves.
Yours sincerely, David Irving [...] 
Our dossier: The
fight over Mr Irving's seized possessions and
archives
-
See
Radical's Diary about this letter and further
developments, Friday, Feb 13, 2004
|
write to David Irving