Since Professor Lpstadt's lawyers broke their undertaking to bring the original videos to the High Court hearing, Mr Irving reported them to the Office for the Supervision of Solicitors, on that same day, Friday April 23, 1999

Dear Sir

PROFESSOR LIPSTADT

We acknowledge receipt of your two letters of today enclosing copies of your sworn affidavit and Exhibit "DJCI 6" in support of your Summons returnable on 23 April 1999.

You have not responded to our last letter of 20 April 1999 setting out the grounds on which we claim privilege in the videos numbered 223, 226 and 227. Accordingly, we enclose by way of service a copy of the third sworn affidavit of James Libson together with a copy of Exhibit "JLL 3". Kindly acknowledge receipt.

Yours faithfully

MISHCON DE REYA

Fax from David Irving, London, April 21, 1999 11:46 p.m.

To: Mr James Libson,
Mishcon de Reya

I confirm receipt of your third affidavit.

I have no objection to returning the three rogue videos immediately to your custody on your giving undertakings

(a) to provide me forthwith with Pal copies of all three,
(b) to bring the three videos to Friday's hearing before Master Trench.

Otherwise it would seem sensible for me to hand them to you on that same occasion.

Yours sincerely,

David Irving

Dear Sir

PROFESSOR LIPSTADT

We refer to your fax of today.

We agree to (a) and (b). We have explained the nature of the privilege we are claiming over the videos, which has not yet been waived. Please now explain on what grounds you propose to pursue your application tomorrow.

Yours faithfully

MISHCON DE REYA

Dear Sirs

This is a complaint against the firm of solicitors Mishcon de Reya of 21 Southampton Row, London WC1, in general and their Mr James Libson in particular.

This firm of solicitors had inadvertently sent three videos to me, which they had not properly discovered to me in the above matter. Prior to a hearing of my application for a suitable Order before Master Trench today, they demanded the videos' return. I wrote to them yesterday (enclosure [above]) stating my willingness to return to them the original videos on their undertaking to produce them in Court today. This undertaking they breached, and did not bring the videos to Court. This is a serious breach which was not without consequence for the conduct of this case and I ask that you apply the proper sanctions against this firm and inform me of what steps you have taken.

Yours sincerely,

David Irving
FOCAL POINT PUBLICATIONS
e-mail: [email protected]

ENCLOSURE

Office for Supervision of Solicitors,
Victoria Court,
8 Dormer Place,
Leamington Spa, CV 32 5AE

Index to Irving v Penguin & Lipstadt