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Tuesday, 21 May, 2002, 15:53 GMT 16:53 UK
'Holocaust denier' may lose home
David Irving
David Irving argued Penguin was not liable for costs
David Irving may lose his 750,000 London home after failing in his court battle to overturn a bankruptcy order.

The historian was made bankrupt in March after losing an estimated 2m libel trial over claims in a book he was a Holocaust denier.

The bankruptcy order was made after Mr Irving failed to make an interim payment of 150,000 to Penguin Books.

And the 64-year-old's building society has been seeking to repossess his Mayfair home ever since.

Deborah Lipstadt
Deborah Lipstadt called Mr Irving a "Hitler partisan"

The house is subject to a mortgage of 248,000 with arrears of 72,000.

The libel case against American academic Deborah Lipstadt and her publisher is thought to have amassed costs of 2m in the three-month action brought against them by Mr Irving in 2000.

The author sued over 1994 book Denying the Holocaust: The Growing Assault on Truth and Memory, which he claimed had destroyed his livelihood and incited hatred against him.

Adrian Davies, representing Mr Irving, who was not in court, argued Penguin was not liable for any court costs because they would be covered by its parent company and insurers.

But Mr Justice Peter Smith said he had heard no evidence there were any "improper arrangements" over legal costs and there was no question that Penguin would not be liable.

Mr Irving offered to pay Penguin 2,000 a month towards the interim payment.

But the judge said this was unsuitable as, even without interest charges, it would take six years to pay off.

Mr Irvine's lawyers said they were considering taking the case to the Court of Appeal.

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