Jurisdiction(s):
United Kingdom

Supreme Court clarifies Defamation Act 2013 s 4 public interest defence; pre-publication comment not required; unfair conduct towards litigant in person renders trial unfair; retrial ordered (England and Wales)

Published on: 10 June 2020

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Article summary

Serafin v Malkiewicz and others [2020] UKSC 23

What are the practical implications of this case?

Lessons from the unfair trial aspect include guidance for judges and practitioners on engaging with a litigant in person (LIP). Judges owe duties, and lawyers have professional duties to the court. Working with LIPs can be challenging, exasperating and take considerable time—sometimes more so than dealing with overly combative solicitors. Clients may struggle to understand why you appear to ‘assist’ an unrepresented opponent. Yet justice demands that those without representation are treated with politeness and dignity, and are given at least basic assistance and direction to find their way through the court process. Only then can justice truly be achieved for all involved in the process as a whole. On the DA 2013, s 4 defence, the Supreme Court’s judgment sets out principles which, though not strictly determinative of the appeal, are crucial in returning the statutory defence to its proper status. Those principles were crafted to aid future cases, and they will fulfil that role. The Supreme Court has also affirmed that DA 2013, s 4 offers a workable and adaptable defence. If publishers reflect on its criteria before publication, it is more...

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