Firm News

Lipstadt Justified

Release Date:

20 July 2001

In the Court of Appeal three Lord Justices (Pill, Mantell and Buxton) agreed with Mr Justice Gray's judgment given on 11 April 2000 dismissing David Irving's claim that he had been libelled in Professor Lipstadt's book "Denying the Holocaust"

The hearing follows an application by Irving for leave to appeal to Mr Justice Gray which was refused and an initial application to the Court of Appeal which was turned down by Lord Justice Sedley on 18 December 2000. This oral hearing took place on 20,21,22 and 26 June 2001.

The Lords Justices agreed with the Judge's findings that Irving, in his historiography, had materially perverted evidence, held views that an objective historian would dismiss, dealt with evidence in a manner which was 'misleading and unsupported by the circumstantial evidence", made culpable omissions, made fanciful suggestions, failed to observe the duty of a historian not to give the reader a distorted impression and disregarded credible evidence. They agreed that Irving was a Holocaust denier and found that Professor Lipstadt was justified in describing him as "one of the most dangerous spokespersons for Holocaust denial"

Mishcon partner James Libson who (with Anthony Julius) led the team responsible for the strategy of the case, which began 5 years ago commented:

"While we expected this result it is a shame that Irving has had so much time in the media spotlight - a distraction not sought by our client Professor Lipstadt who only wishes to fully resume her work as an academic. We trust that this appeal will be the last"

Editor's notes

Professor Lipstadt represented by Mishcon de Reya had Anthony Julius, Solicitor Advocate again as Junior Counsel and Heather Rogers appeared as Junior Counsel for Lipstadt's publishers and co-respondents Penguin Books. Davenport Lyons represent Penguin and Richard Rampton QC once again appeared for both Lipstadt and Penguin.