since 1991 Long document, allow to load your Lipstadt trial index the fight over your possessions your Deborah Lipstadt dossier Non-verbatim notes by Mr Irving on the hearing before Registrar Jaques in the High Court at 12:15 p.m. Those present were Mr. Gledhill (for Lipstadt), Mr. Adrian Davies (for Irving), James Libson and Laura Tyler (for Mishcon), unknown for Baker Tilly the Trustees, and Stewart Perry of DLA.

James Libson left toward the end. Perry: DLA made an application re filing and serving, which was extended,

on December 10, by Deputy Registrar Brettl, until January 21. Since then the Lipstadt application arrived, and by agreement between the parties the Irving application is stood over pending resolution of the Lipstadt application. Gledhill asks for directions in terms set out in the Mishcon de Reya letter to DLA [ not posted ]. Says Trustee is “not happy” with No. 3, “happy” with Nos. 1, 2, 4, 5. Perry: Not so much happy as ambivalent about them.

Davies: draws Registrar’s attention to Irving’s witness statement , which Registrar has not received yet through his system; copy handed to him, he is invited to read paras. 49 onwards, re Lipstadt is not a creditor . What Gray J had to say re Lipstadt’s position. Registrar (reads witness statement paras. 48 on.) Davies: underlines particularly what Gray J said

on May 5, 2000, in para. 52 of the statement. No interim Order had been made or applied for by Lipstadt. Since this is not the Court to find primary fact on principle, Lipstadt should apply either to Gray J or else should prepare a bill and lodge it at Supreme Court costs office. Bankruptcy is not a jurisdiction to find primary facts. Lipstadt has not to our knowledge submitted a proof to the Trustee. Registrar inquires of DLA: Has Trustee solicited a proof from Lipstadt?

DLA: evidence on this is not at hand, but the Trustee would normally wait until money is at hand before soliciting proofs. Davies continues: Lipstadt has to establish her locus as a creditor. She should be sent

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