David Irving Legal Matters 2022
David Irving faced several legal challenges and potential legal issues during 2022, primarily centered around property disputes, archive custody, and commercial conflicts. While Irving generally sought to resolve matters without formal legal action, several situations escalated to the point where legal intervention was considered or threatened.
Major Legal Disputes
Swedish Archive Custody Dispute
Parties: David Irving vs. Carl Lundström, Fredrik Bermar, and associates
Nature: Unauthorized removal and disposal of archived materials
Timeline: May-July 2022
Status: Unresolved, Irving terminated agreement
Background
Irving had arranged for Swedish associates to digitize his archives under what he understood to be a limited "inter-library loan" arrangement. The dispute arose when these associates allegedly exceeded their authorization.
Key Allegations by Irving
1.
Unauthorized removal: "Carl Lundström took a load of things which he was not authorised to take" (2022-06-14)
2. Property destruction: Expensive office equipment disposed of without permission:
- Xerox DC550 copier (£12,000 value)
- Canon microfilm reader
- Irving: "The 'office equipment' which you took and destroyed, cost thousands of pounds" (2022-05-24)
3. Missing private property:
- Over 100 private 16mm films
- Private library of 300+ books
- Microfilms and family materials
- "It was supposed to be an inter-library loan. It is still all my property" (2022-06-14)
Legal Threats
Irving warned of formal legal action:
- "I don't want to involve police or lawyers, but I shall, unless you three all sort this out rapidly" (2022-06-14)
- "I may have to notify the Metropolitan Police concerning this shipment" (2022-05-24)
Resolution Attempts
- Leman Shipping held materials pending resolution (£595 return shipping cost)
- Irving ultimately wrote off most losses rather than pursue formal litigation
- "I have sadly written off the entire storage unit and its contents" (2022-05-24)
Payment Processing Dispute
Party: David Irving vs. iTransact/Payroc
Nature: Fee disputes and non-responsive customer service
Timeline: Throughout 2022
Status: Ongoing commercial dispute
Core Issues
1.
Fee increases: Rate increased from 3.5% to "nearing 6%" without proper notification
2.
Unresponsive service: "You have not answered any of the four letters I recently sent" (2022-06-30)
3.
PCI compliance demands: Ongoing bureaucratic requirements with threats of penalties
Irving's Position
- Threatened to switch to UK-based processor (Barclays)
- Demanded transparency on fee structure and dispute costs
- Required explanation of $849.82 monthly deductions
Legal Considerations
Irving considered the relationship potentially fraudulent due to:
- Lack of response to formal complaints
- Unauthorized fee increases
- Opacity in charging structure
Potential Criminal Matters
Adam (Grandson) Incident
Date: May 26, 2022
Nature: Alleged attack on Adam's vehicle with acid by fake taxi
Parties: Adam vs. unknown attackers with fake license plates
Police Response: TFL investigation found license plate "LR66GVZ" did not correspond to licensed vehicle
Irving's Analysis:
- "So the 'cab' had fake number plates and a passenger; that looks as though the attack was deliberate" (2022-05-30)
- Suspected connection to Irving's controversial work and recent archive troubles
Drug Mailing Concerns
Irving warned family members about potential legal risks:
- To Pilar Jr: "try and persuade Pilar Jr to find some other way of getting tablets to her mysterious friends, that (mailing) is the kind of thing that attracts police attention" (2022-05-28)
- Recognition of importation and prescription drug offenses
Property Law Issues
Storage Unit Rights
The Swedish dispute raised complex questions about:
- Bailment law: Whether materials were loaned or transferred
- Authorization scope: What permissions were actually granted
- Property recovery: Rights to reclaim improperly removed items
Irving's Position:
- Materials remained his property under UK copyright law
- Associates exceeded any reasonable interpretation of their authorization
- Disposal of property constituted conversion or theft
International Property Rights
The cross-border nature of the dispute complicated potential legal action:
- Materials shipped from UK to Sweden without proper documentation
- UK courts vs. Swedish jurisdiction questions
- Recovery costs potentially exceeding property value
Commercial Law Matters
Contract Disputes
Multiple ongoing contractual issues:
Publishing Contracts
- Various European publishers "mysteriously cancelled" contracts
- Irving attributed this to "US Government and CIA" pressure (2022-06-15)
- Possible tortious interference claims not pursued
Service Provider Agreements
- iTransact/Payroc unilateral contract modifications
- Dental treatment disputes over quality and cost
- Storage facility contract renegotiations
Litigation Strategy and Philosophy
Avoidance Preference
Irving consistently showed preference for non-legal resolution:
- "I don't want to involve police or lawyers" (repeated multiple times)
- Cost-benefit analysis typically favored accepting losses over litigation costs
- Recognition that legal action would disrupt primary work (writing)
Threat Utilization
Irving used legal threats as negotiating tools:
- Specific mention of Metropolitan Police to pressure Swedish associates
- Written documentation to establish formal record of disputes
- Strategic copying of correspondence to multiple parties
Practical Limitations
Several factors constrained Irving's legal options:
- Financial: Legal costs vs. potential recovery
- Geographic: International nature of disputes
- Time: Litigation would interfere with writing schedule
- Reputation: Additional legal battles might harm remaining business relationships
Professional Legal Advice
Limited evidence of formal legal consultation, though Irving mentioned:
- "I shall now ask for legal advice and claim proper monetary compensation" (2022-05-24)
- Robert Mountford offered assistance: "Would you like me to give them a kick up the ass?" (2022-05-24)
Legal Document Management
Irving maintained detailed written records:
- Extensive email correspondence preserved
- Banking records carefully tracked
- Witness statements from storage facility staff
- Photographic evidence of property conditions
Risk Assessment Patterns
Irving showed consistent pattern of legal risk evaluation:
1. Initial escalation: Strong written demands and threats
2. Cost-benefit analysis: Weighing litigation costs against potential recovery
3. Strategic retreat: Often choosing to accept losses rather than pursue formal action
4. Relationship preservation: Preferring to maintain business relationships when possible
Regulatory Compliance Issues
PCI DSS Compliance
Payment card industry requirements created ongoing legal obligations:
- Mandatory compliance with data security standards
- Potential penalties for non-compliance
- Bureaucratic burden on small business operations
International Trade
Brexit-related complications for international shipping and archival transfers, though not explicitly detailed in available records.
Conclusion
Irving's 2022 legal challenges primarily stemmed from his position as an independent historian and publisher operating outside mainstream institutional support. While he faced significant property losses and commercial disputes, his approach favored pragmatic resolution over formal legal action, consistent with his broader strategy of maintaining independence and avoiding institutional entanglements.