Serafin v Malkiewicz & Ors

Serafin v Malkiewicz & Ors

The Defendants succeeded on the defences of truth in relation to the POSK and Polfood allegations, failed on most Kolbe House allegations except where the serious harm test was not met, and succeeded on the public interest defence for the entirety of the words complained of. The Claimant's claim for misuse of private information was rejected as he did not have a reasonable expectation of privacy in the photograph.

Parties
Claimant: Jan Tomasz Serafin; First Defendant: Grzegorz Malkiewicz; Second Defendant: Czas Publishers Ltd; Third Defendant: Teresa Bazarnik-Malkiewicz
Jurisdiction
England and Wales
Judgment Date
24 November 2017
Procedural Posture
Defamation and Misuse of Private Information / Final Judgment
Outcome
Judgment for the Defendants
Legal Topics
Libel, Misuse of Private Information, Truth Defence, Honest Opinion, Public Interest Defence, Bankruptcy, Charitable Institutions, Witness Credibility
Defamation Media Law Privacy Law Civil Procedure Libel Misuse of Private Information Truth Defence Honest Opinion +4 more

Case Brief

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Parties

Jan Tomasz Serafin

Claimant

Grzegorz Malkiewicz

First Defendant

Czas Publishers Ltd

Second Defendant

Teresa Bazarnik-Malkiewicz

Third Defendant

Procedural Posture

Defamation and Misuse of Private Information / Final Judgment

Legal Issues

  1. 1 Whether the article published by the Defendants was defamatory of the Claimant
  2. 2 Whether the Defendants' statements were substantially true
  3. 3 Whether the Defendants' statements constituted honest opinion

Ratio Decidendi

The Defendants succeeded on the defences of truth in relation to the POSK and Polfood allegations, failed on most Kolbe House allegations except where the serious harm test was not met, and succeeded on the public interest defence for the entirety of the words complained of. The Claimant's claim for misuse of private information was rejected as he did not have a reasonable expectation of privacy in the photograph.

Court Disposition

Judgment for the Defendants

Orders

  • Claim dismissed
  • No damages awarded to Claimant