Serafin v Malkiewicz & Ors

Serafin v Malkiewicz & Ors

The trial judge erred in finding the Defendants succeeded in the public interest defence, failed to properly consider the nature of the allegations and the Claimant's Article 8 rights, wrongly found the truth defence proven regarding theft from the Jazz Club, and conducted the trial in a manner that was manifestly unfair and hostile to the Claimant, rendering the trial unsafe. The appeal is allowed.

Parties
Appellant/claimant: Jan Tomasz Serafin; Respondent/defendant: Grzegorz Malkiewicz; Respondent/defendant: Czas Publishers Limited; Respondent/defendant: Teresa Bazarnik-Malkiewicz
Jurisdiction
England and Wales
Judgment Date
17 May 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Libel, Public Interest Defence, Truth Defence, Honest Opinion, Judicial Fairness, Damages, Burden of Proof
Defamation Media Law Civil Procedure Libel Public Interest Defence Truth Defence Honest Opinion Judicial Fairness +2 more

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Parties

Jan Tomasz Serafin

Appellant/claimant

Grzegorz Malkiewicz

Respondent/defendant

Czas Publishers Limited

Respondent/defendant

Teresa Bazarnik-Malkiewicz

Respondent/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Defendants succeeded in the public interest defence under s.4 of the Defamation Act 2013
  2. 2 Whether the Defendants established the truth defence under s.2 of the Defamation Act 2013 regarding theft from the Jazz Club
  3. 3 Whether the trial judge reversed the burden of proof

Ratio Decidendi

The trial judge erred in finding the Defendants succeeded in the public interest defence, failed to properly consider the nature of the allegations and the Claimant's Article 8 rights, wrongly found the truth defence proven regarding theft from the Jazz Club, and conducted the trial in a manner that was manifestly unfair and hostile to the Claimant, rendering the trial unsafe. The appeal is allowed.

Court Disposition

Appeal allowed

Orders

  • Trial judge's decision set aside
  • Claimant entitled to vindication and compensatory damages for unproven allegations