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Serafin v Malkiewicz & Ors [2019] EWCA Civ 852

Serafin v Malkiewicz & Ors [2019] EWCA Civ 852 – fascinating Court of Appeal decision; overturned findings of fact and judicial fairness appears to have been germane:

“In our view, the Judge not only seriously transgressed the core principle that a judge remains neutral during the evidence, but he also acted in a manner which was, at times, manifestly unfair and hostile to the Claimant. As emphasised in Michel, not all departures from good practice render a trial unfair – ultimately the question is one of degree. Nevertheless, we have carefully considered and reflected upon this matter and are driven to the conclusion that the nature, tenor and frequency of the Judge’s interventions were such as to render this libel trial unfair. We, therefore, uphold the Claimant’s fifth Ground of Appeal.“

Quote from transcript: Mr Justice Jay:

“…If you are lying to me, the consequences can be really awful, because you understand, I do not like being lied to….”

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