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United Kingdom
public interest defencefair trial
Appellant is Serafin v Malkiewicz
[2020] UKSC 23; [2020] 1 WLR 2455
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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