I have been instructed by the editors and publisher of Polish language newspaper Nowy Czas to seek the permission of the Supreme Court to appeal the Court of Appeal judgment in Serafin v Malkiewicz  EWCA Civ 852. The trial judge, Mr Justice Jay, upheld the Defendants’ public interest defence under section 4 of the Defamation Act 2013. The Court of Appeal overturned the judge’s finding and dismissed the defence.
The Court of Appeal also held that the judge’s conduct of the trial rendered it unfair to the Claimant. Anthony Metzer QC and Anton van Dellen of Goldsmith Chambers who appeared for the Defendants in the Court of Appeal (and in Anthony’s case at the trial) will be acting as advocates on this aspect of the proposed appeal.
The grounds of appeal raise important issues of principle in relation to the s.4 defence and can be found here.