Serafin v Malkiewicz and Others: SC 3 Jun 2020

‘What order should flow from a conclusion that a trial was unfair? In logic the order has to be for a complete retrial. As Denning LJ said in Jones -v- National Coal Board [1957] 2 QB 55 . . ‘No cause is lost until the judge has found it so; and he cannot find it without a fair trial, nor can we affirm it’. Lord Reed PSC observed during the hearing that a judgment which results from an unfair trial is written in water. An appellate court cannot seize even on parts of it and erect legal conclusions upon them.’

Lord Wilson, Lord Reed, Lord Briggs, Lady Arden and Lord Kitchin
[2020] UKSC 23, [2020] 4 All ER 711, [2020] 1 WLR 2455, [2020] EMLR 24
Bailii, Bailii Summary
England and Wales
Cited by:
CitedKhan, Regina v CACD 21-Oct-2021
The applicant having been discharged of offences under the 1988 Act, the Court nevertheless imposed an order on him in his absence under the 1997 Act prohibiting him from contacting the complainant for a period of 10 years. He sought to appeal from . .

Lists of cited by and citing cases may be incomplete.


Updated: 29 December 2021; Ref: scu.651116