Judgment of Mr Justice Jay reversed: order for publisher to pay costs of the appeal and for a judge to assess damages
The order made by the Court of Appeal in this case is now available publicly. Its issue follows the Court’s finding that in respect of a Polish language newspaper report complained of by Mr Serafin, Mr Justice Jay had erred in law and had misconducted the trial he presided over.
The Court of Appeal required orders made by Jay J to be set aside. Under the Court of Appeal’s order the money paid to the Defendant by the Claimant must be re-paid to him, the Defendant must publish a summary of the Court of Appeal’s judgment pursuant to s.12 of the Defamation Act 2013 (the wording, time, manner, form and/or place of which is to be decided by a specialist judge if not agreed), the issue of quantum is to be decided by a judge of the Media and Communications List, and the costs of the appeal, and of the issues of public interest and truth (on the one allegation examined by the Court of Appeal) – including an interim payment of £50,000 – must be paid by the Defendant/Respondent. Permission to appeal was refused.
A case report can be found here.
The Order can be downloaded form the link below.