Irving v Penguin Books & Lipstadt 1996-I-1113 (QBD)

Application for permission to appeal

Following the trial judgment of April 11, 2000 and the costs order of May 5, 2000, Mr Irving applied to the Court of Appeal for permission to appeal. The hearing was 3½ days: Mr Adrian Davies of counsel appeared for Mr Irving (the application below was filed in person), with Mr Richard Rampton QC again for the respondents.

Before Pill LJ, Mantell LJ, and Buxton LJ. Decision July 20, 2001.

The outcome Permission to appeal refused. The Court of Appeal held that the judge's findings on Irving's history-writing were ones he was entitled to reach on the evidence, and that no arguable question of law arose. See the judgment of the Court of Appeal. For what happened after this date, see After the verdict.

  1. Skeleton Argument of the Claimant (long form)

    Adrian Davies

    The principal skeleton. Argues (i) the judge’s findings on justification were against the weight of the evidence; (ii) the judge erred in admitting Evans’s evidence on the meaning of "Holocaust denier"; (iii) the judge erred in admitting van Pelt’s evidence on Auschwitz architecture and chemistry; and (iv) the judge erred in applying section 5 of the Defamation Act 1952.

    Filed around April 2001; 191 paragraphs.

  2. Outline Submissions on Behalf of the First Defendant

    Richard Rampton

    Penguin's outline submissions opposing Irving's applications for permission to appeal and to admit fresh evidence from Germar Rudolf and Zoe Polanska-Palmer. Argues the fresh evidence could have been produced at trial and would not have changed the result.

    Filed May 15, 2001; 17 paragraphs.

  3. Adams Skeleton (Penguin Books Ltd, D1)

    Nigel Barry Adams

    The first respondent’s skeleton in answer. Addresses the applicant’s four grounds and supports the trial judge’s findings.

    Filed around May 2001; 10 paragraphs.

  4. Bateman Skeleton (Lipstadt, D2)

    Mark David Bateman

    The second respondent’s skeleton in answer. Joins the Adams skeleton; adds particular submissions on the section 5 ground.

    Filed around May 2001; 99 paragraphs.

  5. Argument before the Court of Appeal

    Adrian Davies

    The verbatim transcript of the oral argument. Davies addresses the Court for three days; Rampton for half a day; the Court delivers its decision orally on day four.

    Hearing, July 2001; 19 paragraphs.

  6. Order of the Court

    Court of Appeal

    The sealed order: permission to appeal refused; further directions on costs.

    Sealed July 20, 2001; 5 paragraphs.

  7. Judgment of the Court of Appeal

    Lord Justice Pill

    The Court’s reasoned judgment refusing permission. Reviews the trial judge’s findings on each of the four grounds of appeal and concludes that not one shows an arguable error.

    Handed down July 20, 2001; 103 paragraphs.

Each document is reproduced in full from the trial record, with the filing party and procedural detail noted beneath the title.