Application for permission to appeal
Following the trial judgment of 11 April 2000 and the costs order of 5 May 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 · Buxton LJ · decision 20 July 2001
argument
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.
191 paras
argument
Outline Skeleton (short form)
Richard Rampton
The condensed outline filed alongside the long skeleton. Same four grounds in summary form.
20 paras
skeleton
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.
10 paras
skeleton
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.
99 paras
argument
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.
19 paras
Order of the Court
Court of Appeal
The sealed order: permission to appeal refused; further directions on costs.
5 paras
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 none discloses an arguable error.
103 paras