Legal 2007
Overview
2007 was dominated by multiple complex legal battles arising from David Irving's Austrian imprisonment aftermath, including trustee claims, solicitor negligence cases, defamation threats, and ongoing efforts to recover seized possessions and documents.
Major Legal Cases
Trustee Claims (DLA/Baker Tilly)
Primary case for recovery of seized possessions:
- Defendants: DLA Piper and Baker Tilly (trustees in bankruptcy)
- Claims: Wrongful sale of privileged correspondence, destroyed manuscripts, lost personal possessions
- Legal basis: Violation of Craig vs. Aitken precedent regarding privileged materials
- Current status: £5,000 settlement offer rejected as grossly inadequate
Specific losses claimed:
- Secret correspondence files sold to "the enemy"
- Destroyed unpublished manuscripts of entire books (no copies survive)
- Blue-bound document volumes lost, sold, or stolen
- Entire domestic contents of lost flat
- Professional research materials and archives
Settlement negotiations:
- DLA offered £5,000 Part 36 settlement (September 2007)
- DI's target: £50,000-500,000 based on actual losses
- Witness statement filed with 8 exhibits (November 2007)
- Hearing scheduled for July 4, 2008 (15 minutes allocated)
Solicitor Negligence Cases
Peter Laskey (Amhurst, Brown, Colombotti)
Negligence claim against former solicitor:
- Issue: Professional misconduct during DI's absence in prison
- Representation problems: Will Osmond/Sarah Hastie initially interested, then withdrew
- Current status: DI proceeding as litigant in person after solicitor refusal
Gary Shugg/Frank & Co
Complex case involving solicitor's transition:
- Background: Solicitor underwent gender transition surgery during representation
- Issues: Incomplete work on CFA basis, inactivity during critical period
- Settlement proposed: £300 in full settlement of outstanding invoice
- Related matter: Goebbels printing film recovery (£50 carriage charge dispute)
Defamation & Media Law
Warning Letters Campaign
Systematic approach to media misrepresentation:
- Strategy: Pre-action warnings to newspapers using "Holocaust denier" label
- Legal basis: Gray J's 2000 judgment cannot defend new libels 8 years later
- Media response: Some publications (The Observer) switching to "Holocaust revisionist"
- Target publications: The Independent, The Observer, various newspapers
Lipstadt Contempt Investigation
Potential breach of court privilege:
- Issue: Deborah Lipstadt's website publishing privileged trial diary pages
- Discovery abuse: Materials obtained through court process used improperly
- Service attempts: Efforts to serve court papers during UK visits
- Legal representation: Mishcon de Reya accepting service for Lipstadt
EU Court Actions
Susan Davies case:
- Deadline: May 24, 2007 for response
- Strategy: Default judgment application planned
- Court: County Court jurisdiction
- Status: Pursuing default judgment for non-response
Recovery of Possessions
Physical property retrieval:
- Location: DLA holding seized possessions pending court resolution
- Access arrangements: Padlocked room at Lake End House Windsor
- Inspection process: Ongoing documentation of missing items
- Storage costs: Accumulating charges during legal proceedings
Legal Representation
Primary legal counsel:
- Role: Barrister handling multiple cases
- Relationship: Long-standing professional relationship with occasional tensions
- Effectiveness: Mixed results with solicitor recommendations
- Current cases: Trustee claims, various litigation matters
Solicitor Challenges
Difficulty obtaining representation:
- Will Osmond: Initially interested in Laskey case, then withdrew after 7 weeks
- Sarah Hastie: Provided initial opinions, then became unresponsive
- Pattern: Multiple solicitors reluctant to act against other legal professionals
Self-Representation Strategy
Litigant in person approach:
- Advantages: No legal fees, direct control over cases
- Challenges: Technical legal knowledge requirements, procedural complexities
- Success factors: Detailed documentation, persistence, understanding of legal precedents
Austrian Imprisonment Legal Aftermath
US Visa Complications
Legal barriers to travel:
- Requirement: Canadian police report demanded by US embassy
- Processing delays: 120+ day processing time preventing US tours
- Financial impact: Lost speaking tour revenue, inability to access Key West Florida
- Documentation: Fingerprints, background checks, bureaucratic obstacles
Travel Bans & Restrictions
International movement limitations:
- Canadian soil ban: Prevented from entering Canada
- Visa requirements: Complex documentation for travel to various countries
- Professional impact: Limited speaking tour opportunities, reduced international income
Compensation Claims
Seeking redress for wrongful imprisonment:
- Austrian authorities: Potential claims against Austrian legal system
- Documentation: Preserving evidence of legal violations and improper procedures
- International law: Exploring options under international human rights framework
Court Procedures & Filings
Document Management
Systematic approach to legal documentation:
- Filing systems: Organized approach to court submissions
- Evidence compilation: Photographic and written documentation of losses
- Witness statements: Detailed accounts of events and damages
- Exhibit organization: Professional presentation of supporting materials
Court Appearances
Managing multiple case hearings:
- Scheduling: Coordinating hearings across different courts and jurisdictions
- Preparation: Research and documentation for each appearance
- Travel logistics: Arranging attendance from Lake End House Windsor
- Cost management: Court fees, travel expenses, document preparation
Strategic Timing
Coordinating legal actions:
- Settlement negotiations: Timing offers and counteroffers strategically
- Statute of limitations: Ensuring claims filed within applicable deadlines
- Court scheduling: Working within court availability and legal calendar
Financial Impact of Legal Actions
Legal Costs
Ongoing expenses:
- Court fees: Filing fees, hearing costs, service charges
- Document preparation: Printing, binding, copying costs
- Travel expenses: Attending hearings, serving documents
- Professional advice: Limited barrister consultations
Potential Recovery
Financial upside from successful litigation:
- Damages awards: Potential for significant compensation from trustee claims
- Solicitor negligence: Recovery of costs and compensation for losses
- Defamation settlements: Potential media settlements for corrections
Strategic Investment
Legal action as business strategy:
- Deterrent effect: Warning letters reducing future defamatory publications
- Asset recovery: Potential return of valuable manuscripts and documents
- Professional rehabilitation: Legal victories supporting reputation rebuilding
Cross-References
Notable Quotes
On trustee settlement offer (2007-09-03):
"A good augury: in the mail, a letter from the Trustees' solicitor DLA offering £5,000 out of court Part 36 settlement of my claim. They are on the run. I shall ask Davies, but my inclination is not to accept. Our claim is for far more."
On legal representation difficulties (2007-05-25):
"Your refusal to handle the case after nearly seven weeks have elapsed since my letter of April 5 is annoying and, with respect, neither properly explained nor compatible with Ms Hastie's response"
On media warning strategy (2007-11-25):
"I have issued the written warning to yourselves and a number of other publications because the belief appears to be growing that it is safe recklessly to smear me under the protection of Gray J's ruling."
On litigation costs vs. benefits (2007-09-04):
"lost (stolen) files, entire domestic contents of the flat lost (and now having to be bought anew), the flagrant sale of my secret correspondence files to the enemy, destroyed unpublished manuscripts of entire books by me, of which no copy survives"
On legal persistence (2007-11-29):
"I shall shortly - at all events before December 10 - ask the Court to restore the hearing of my application."
Notes
David Irving's 2007 legal battles represent a comprehensive effort to recover both material losses and professional standing following his Austrian imprisonment. The multi-front legal strategy—combining asset recovery, professional negligence claims, and media defamation warnings—demonstrates sophisticated understanding of how legal pressure can serve broader reconstruction goals. While legal costs created additional financial pressure during an already difficult year, the strategic use of litigation as both shield and sword provided important protection against ongoing attacks while potentially offering significant financial recovery. The willingness to proceed as litigant in person when professional representation proved inadequate shows both determination and practical legal skill development.