EFTA00794020.pdf

Macon de Reya Our Ref: fa/HEW/HA/Alan Dershowitz Africa House Your Ref: 70 Kingsway London WC2B 6AH DX 37954 Kingsway URGENT — NOT FOR PUBLICATION — STRICTLY PRIVATE & www.mishcon.com CONFIDENTIAL Daily Mail, Mail Online, Associated Newspapers Limited Northcliffe House 29 December 2018 2 Derry Street London W8 5TT BY EMAIL Dear Sirs Our client: Alan Dershowitz We refer to your email of yesterday sent at 15.24. It is disappointing that it has taken you a week to respond to our letter of 21 December 2018, which was marked as urgent. It is not good enough to blame the Christmas holidays. It was your choice to publish the Article in the week before Christmas. In any event, you are a 24 hour media organisation that has staff working throughout the year. If you had difficulties taking instructions, you could and should have removed the Article from your website while you were investigating. You chose not to do this. The Article remains online and continues to cause serious harm to our client's reputation, quite unjustifiably, particularly in the light of our letter of complaint. Your email ignores the substantive issues raised in our letter, and instead seeks our client's views on whether the allegations contained in the Article were made "under the protection of privilege". With respect, the onus is on you to explain precisely how any alleged defence of privilege arises if that is how you propose to defend your defamation of our client. That said, our client's position is that the Article is not protected by privilege. In particular, it is not a fair and accurate report of legal proceedings, but rather an unfair and inaccurate report of the New York Daily News article. Please may we have a proper response to our letter of 21 December 2018 by return. We ask you specifically to reconsider our request that you take down the Article from your website, at least for the time being, pending the conclusion of this correspondence and any legal proceedings that may ensue in the event that we are unable to reach a mutually satisfactory accommodation. Mishcon de Reya is a limited liability partnership, registered in England and Wales (number OC399969). authorised 51215900.2 and regulated by the Solicitors Switchboard: London: Mishcon de Reya LLP Regulation Authority. SRA number Main Fax: New York Mishcon de Reya New York LLP 624547. EFTA00794020  Mi&hcon de Reya Yours faithfully PCAJL tor\4/2 Mishcon de Reya LLP Direct Tel Direct Fax Email: [email protected] 51215900.2 2 EFTA00794021