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United Kingdom public interest defencefair trial

Appellant is Serafin v Malkiewicz

[2020] UKSC 23; [2020] 1 WLR 2455
JurisdictionUnited Kingdom
CourtSupreme Court of the United Kingdom
Year2020
StatusBinding authority

Key Principle

Where a trial has been conducted so unfairly by the judge that a party was unable properly to present his case, the trial is a nullity and the appropriate remedy is a full retrial rather than a limited remittal; and the statutory public-interest defence in s.4 of the Defamation Act 2013 is materially different from the common-law Reynolds defence, the Reynolds factors not being a checklist for s.4.

Area of Law

General

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