Defamation trial ruled unfair
The Court of Appeal overturned a High Court Judge partly on the basis that the conduct of the trial had been unfair in Serafin v Malkiewicz [2019] EWCA Civ 852. The Court of Appeal criticised the High Court Judge, Mr Justice Jay, for descending into the arena. The case concerned a publication in Polish about Mr Jan Serafin, the Claimant. The Court of Appeal also considered the public interest defence, again allowing the appeal on that basis. Permission has been granted by the Defendants to appeal to the Supreme Court with a hearing listed in March 2020. Dr Anton van Dellen appeared on behalf of the Defendants in the Court of Appeal and has also been instructed to represent them in the Supreme Court.
There has been extensive press coverage of the appeal:
https://www.thetimes.co.uk/article/judge-was-biased-and-bullying-towards-polish-claimant-dhmnqt6wm
https://www.newlawjournal.co.uk/content/libel-judge-judged-not-neutral
