- Considered — H (A Child) (Recusal), Re 2023-07-24
“… Sir Anthony Clarke MR at paragraph 53; Bubbles and Wine, supra, per Leggatt LJ at paragraph 17. As Lord Wilson observed in Serafin v Malkiewicz[2020] UKSC 23, [2020] 1 WLR 2455 at paragraph 39, this definition of bias is “quite narrow”. For that reason, like Lewison LJ, whose judgment I have read, I consider it preferable to consider …”
- Cited — H (A Child) (Recusal), Re 2023-07-24
“…in that narrow way, I find it difficult to see how it can plausibly be said that the judge in this case was biased. But in Serafin v Malkiewicz [2020] UKSC 23, [2020] 1 WLR 2455 at [39] the Supreme Court refrained from endorsing that definition, merely assuming it to be correct. In fact that case was decided, not on the basis of bias, …”
- Cited — P (A Child: Fair Hearing) 2023-02-28
“… ECHR, that a legally valid decision can only spring from a fair hearing. If a hearing is unfair, a judgment cannot stand: Serafin v Malkiewicz [2020] UKSC 23, [2020] 1 WLR 2455 at [49].…”
- Cited — Gary James Keane v David Sargen & Ors 2023-02-15
“…The Courts have repeatedly warned of the dangers of judges intervening when witnesses are giving evidence. In Serafin v Malkiewicz [2020] UKSC 23, [2020] 1 WLR 2455, Lord Wilson (with whom Lord Reed, Lord Briggs, Lady Arden and Lord Kitchin agreed) noted at paragraph 40 that “[t]he leading authority on inquiry into the unf…”
- Cited — Rachel Riley v Laura Murray 2022-08-11
“…re is ambiguity and uncertainty …” I note that the Supreme Court took that approach when construing s 4 of the 2013 Act in Serafin v Malkiewicz [2020] UKSC 23, [2020] 1 WLR 2455 [58], [66] (Lord Wilson). The Notes in this case militate against Mr McCormick’s argument for the reasons given in Burki and by the Judge in this case.…”