Irving v Penguin Books Ltd & Anor [2001] EWCA Civ 1197 (20 July 2001)

Irving v Penguin Books Ltd & Anor [2001] EWCA Civ 1197 (20 July 2001)

The applicant's treatment of historical evidence, particularly regarding Auschwitz and other events, amounted to deliberate misrepresentation and falsification motivated by ideological beliefs. The respondents discharged the burden of proving substantial truth of their allegations, and the applicant is not a reputable historian. The trial judge's findings were justified and the correct legal test was applied.

Citation
[2001] EWCA Civ 1197
Parties
Applicant: David Irving; Respondent: Penguin Books Ltd; Respondent: Professor Deborah Lipstadt
Jurisdiction
England and Wales
Judgment Date
20 July 2001
Procedural Posture
Application for Permission to Appeal (libel/defamation) / Court of Appeal, Post Trial Judgment
Outcome
Application for permission to appeal dismissed
Legal Topics
Libel, Justification Defence, Holocaust Denial, Historiography, Expert Evidence
Defamation Civil Procedure Libel Justification Defence Holocaust Denial Historiography Expert Evidence

Case Brief

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Parties

David Irving

Applicant

Penguin Books Ltd

Respondent

Professor Deborah Lipstadt

Respondent

Procedural Posture

Application for Permission to Appeal (libel/defamation) / Court of Appeal, Post Trial Judgment

Legal Issues

  1. 1 Whether the respondents' allegations that the applicant falsified and misrepresented historical evidence are justified
  2. 2 Whether the applicant is a reputable historian
  3. 3 Whether the applicant's views on the Holocaust and related events are perverse or within the range of legitimate historical debate

Ratio Decidendi

The applicant's treatment of historical evidence, particularly regarding Auschwitz and other events, amounted to deliberate misrepresentation and falsification motivated by ideological beliefs. The respondents discharged the burden of proving substantial truth of their allegations, and the applicant is not a reputable historian. The trial judge's findings were justified and the correct legal test was applied.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Permission to appeal refused
  • Costs to respondents