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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Irving v Penguin Books Ltd & Anor [2001] EWCA Civ 935 (15 June 2001) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/935.html Cite as: [2001] EWCA Civ 935 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(MR JUSTICE GRAY)
Strand London WC2 Friday, 15th June 2001 |
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B e f o r e :
LORD JUSTICE MANTELL
and
LORD JUSTICE BUXTON
____________________
DAVID IRVING | ||
- v - | ||
PENGUIN BOOKS LIMITED & ANOTHER |
____________________
Smith Bernal Reporting Limited
180 Fleet Street, London EC4A 2HD
Telephone No: 0171-421 4040 Fax No: 0171-831 8838
(Official Shorthand Writers to the Court)
MR RICHARD RAMPTON QC and HEATHER ROGERS (instructed by Davenport Lyons, 101d Burlington St, London W1X 2NL) appeared on behalf of the Respondent
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Crown Copyright ©
Friday, 15th June 2001
"I write to inform you that I have late yesterday terminated the retainer of my solicitors, Nigel Adams & Co. I am shocked at the amount of the bill that they rendered me two days ago and am neither willing nor able to put his firm in funds on the scale that he is demanding. I am thoroughly dissatisfied with the speed and thoroughness of this firm's preparation of my application for permission to appeal. I have been unable to resolve my differences with this firm. Accordingly counsel's brief has not been delivered, and I am now without representation.
I have no alternative but to ask the Court of Appeal for a short adjournment in order to allow me to arrange alternative representation. I do have significant funds readily available to pay to new solicitors, and my counsel has told me that if a brief is delivered to him, he will be able to complete his preparation for the appeal in short order. I deeply regret the inconvenience that a late adjournment would involve for the Court and the Defendants, but if it is not granted, this appeal will go by default, which I respectfully suggest would be the greater injustice.
I look forward to hearing from you. I am willing to attend before you [that is Master Venne] or before Lord Justice Pill at any time (except mid-afternoon today Thursday). My counsel has told me that he would be willing to attend with me, if his attendance would assist."
"Bearing in mind that I envisage that my firm's involvement will be of a positive and proactive nature, I am concerned, from the administrative viewpoint, that the timetable which you have outlined to date may be tight and will certainly be tight if the application to the Court of Appeal today for an adjournment is not successful. If, on the other hand, the application for leave to appeal is adjourned for a period of, say, 21 days, this would allow you to place me in funds as requested above and also allow my firm to become acquainted with the case."
"The hearing of the claimant's application hearing listed to begin on 19th March 2001 be vacated and relisted in June 2001."