*/
Directed by Emmy Award® winner Mick Jackson (Temple Grandin ) and adapted for the screen by BAFTA and Academy Award® nominated writer David Hare (The Reader ).
Release date: 27 January
Denial is based on the real libel action in 2000 when David Irving sued an American academic, Deborah Lipstadt, for comments she made about him in her book on Holocaust denial. Irving was well known for having delved deeply into primary source material of the Third Reich. The question for the court was whether his conclusion that there had been no systematic gassing of people at Auschwitz was entirely genuine or whether he had falsified information from those archives and was motivated by anti-Semitism.
It can be difficult to create dramatic tension when we already know who won. There is a scene at a London dinner party with Jewish people (cue: irony) who ask Professor Lipstadt to settle the case. She refuses. She and the lawyers debate several times whether to call survivors to give evidence, the lawyers overruling their client on the grounds they might make poor witnesses and they should not endure being cross-examined by Irving, who was representing himself.
Although Lipstadt says that historical disputes are not well-suited to the court room, this is a court room drama. But a movie needs visuals. The Holocaust itself provides visuals. The barristers fly to Poland with their lay client to gather their own evidence by visiting Auschwitz, on a snowy day when they have the place to themselves. In due course leading counsel uses his personal research effectively to give evidence in the course of cross-examination. Whether or not Irving falsified history is not obviously ‘visual’ though John Sessions as Professor Evans does what he can in the witness box to illustrate mis-translations of Himmler’s diaries.
The film is another example of the increasingly common habit of portraying living people on screen. One does not imagine that Richard Rampton QC would object to being introduced in the film as ‘the most skilful advocate in the country’ and he does appear masterly in court. Thereafter he inhabits a palatial room in chambers and is never seen outside court without a drink in his hand. Key to the whole proceedings is the solicitor, Anthony Julius, smooth, calm and utterly sure of himself. In the role of instructing solicitor he wears bands beneath his shirt collar. For some reason those dinner party guests don’t trust him.
What keeps the film going are three stunning performances. I have never met the three main male characters, but Tom Wilkinson as Rampton, Andrew Scott as Julius and Timothy Spall as Irving are completely convincing in themselves in their portrayals of what such men would be like in these circumstances. Rachel Weisz as Lipstadt is a keen jogger. On her runs she keeps winding up in front of the statue of Queen Boudica, noble and in command. In court (filmed at Surrey County Hall) against a litigant in person, she has behind her two counsel, a formidable solicitors’ firm, all respectable academic opinion and the sympathy of the entire audience. There is a good moment when she enters a room full of her lawyers and academics and they are almost all men in suits. There is one bright young woman who has been working hard on the case but the moment she opens her mouth, Julius interrupts her.
Reviewer David Wurtzel, Counsel Editorial Board
Denial is based on the real libel action in 2000 when David Irving sued an American academic, Deborah Lipstadt, for comments she made about him in her book on Holocaust denial. Irving was well known for having delved deeply into primary source material of the Third Reich. The question for the court was whether his conclusion that there had been no systematic gassing of people at Auschwitz was entirely genuine or whether he had falsified information from those archives and was motivated by anti-Semitism.
It can be difficult to create dramatic tension when we already know who won. There is a scene at a London dinner party with Jewish people (cue: irony) who ask Professor Lipstadt to settle the case. She refuses. She and the lawyers debate several times whether to call survivors to give evidence, the lawyers overruling their client on the grounds they might make poor witnesses and they should not endure being cross-examined by Irving, who was representing himself.
Although Lipstadt says that historical disputes are not well-suited to the court room, this is a court room drama. But a movie needs visuals. The Holocaust itself provides visuals. The barristers fly to Poland with their lay client to gather their own evidence by visiting Auschwitz, on a snowy day when they have the place to themselves. In due course leading counsel uses his personal research effectively to give evidence in the course of cross-examination. Whether or not Irving falsified history is not obviously ‘visual’ though John Sessions as Professor Evans does what he can in the witness box to illustrate mis-translations of Himmler’s diaries.
The film is another example of the increasingly common habit of portraying living people on screen. One does not imagine that Richard Rampton QC would object to being introduced in the film as ‘the most skilful advocate in the country’ and he does appear masterly in court. Thereafter he inhabits a palatial room in chambers and is never seen outside court without a drink in his hand. Key to the whole proceedings is the solicitor, Anthony Julius, smooth, calm and utterly sure of himself. In the role of instructing solicitor he wears bands beneath his shirt collar. For some reason those dinner party guests don’t trust him.
What keeps the film going are three stunning performances. I have never met the three main male characters, but Tom Wilkinson as Rampton, Andrew Scott as Julius and Timothy Spall as Irving are completely convincing in themselves in their portrayals of what such men would be like in these circumstances. Rachel Weisz as Lipstadt is a keen jogger. On her runs she keeps winding up in front of the statue of Queen Boudica, noble and in command. In court (filmed at Surrey County Hall) against a litigant in person, she has behind her two counsel, a formidable solicitors’ firm, all respectable academic opinion and the sympathy of the entire audience. There is a good moment when she enters a room full of her lawyers and academics and they are almost all men in suits. There is one bright young woman who has been working hard on the case but the moment she opens her mouth, Julius interrupts her.
Reviewer David Wurtzel, Counsel Editorial Board
Directed by Emmy Award® winner Mick Jackson (Temple Grandin) and adapted for the screen by BAFTA and Academy Award® nominated writer David Hare (The Reader).
Release date: 27 January
Update from the Chair of the Bar
By Clement Cowley, Partner at The Penny Group
Modernising communication and collaboration at a leading Chancery set. A Zexi case study
How to build profile without compromising professional duties. By Naumaan Farooq, Co-Founder of Inked PR
Marie Law, Director of Toxicology at AlphaBiolabs, examines the role of cut-off levels, and the wider range of factors that must be considered when interpreting results for family court proceedings
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
A decade of reviews and research has disrupted accepted thinking in the search for causality. Suicides following abuse have overtaken domestic homicides. Is the law keeping up? Professor Susan Edwards KC (Hon) examines recent cases and the obstacles to successful prosecution
The case against judge-only justice – and why efficiency is not enough. By Professor Leslie Thomas KC
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Lauren Fullerton examines the how, what and why of setting up a second chambers base