What to Do If You Feel You Were Mistreated by a Judge or Lay Justice

If you’ve come away from a court hearing feeling you were treated unfairly — perhaps interrupted constantly, spoken over, or that the judge or magistrates seemed to take sides — you are not alone. Litigants in person often leave hearings confused about what just happened and whether it was even lawful. The truth is that judges and magistrates have a duty to stay neutral, calm, and professional at all times. If they don’t, it can amount to procedural unfairness and provide grounds for appeal.

If this happened to you, don’t ignore it. You may have at least one valid ground to appeal or ask for the decision to be set aside. You can contact me to arrange a consultation and get clear advice on next steps.

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The Case Everyone Should Know: Serafin v Malkiewicz [2020] UKSC 23

The Supreme Court made it crystal clear:

“A judge’s interventions should be as infrequent as possible during cross-examination, and he must remain above the fray and neutral.”

In Serafin, the trial judge interrupted the litigant-in-person repeatedly, used hostile and offensive language, and gave the impression of having taken sides. The Supreme Court found the trial unfair and ordered a full retrial before a different judge.

This case matters because it confirms that even if the law and evidence are strong, a hearing infected by unfair treatment cannot stand. Judges, magistrates, and legal advisers must maintain calm neutrality and avoid “descending into the arena.”

What You Should Do If It Happens to You

1. Write down what happened — as soon as possible after the hearing. Include the judge’s name, what was said, and when.

2. Get the transcript — you can request an approved transcript through the court or a transcriber service. This is vital evidence.

3. Identify where fairness broke down — examples include:

   • Frequent interruptions or mocking tone

   • Refusal to let you finish answers

   • Obvious bias toward the other party

   • Judge or clerk “taking over” cross-examination or argument

4. Ask for advice early. Time limits for appeals and set-aside applications can be short — often 21 days. A prompt consultation can help you decide whether to appeal, apply to vary, or set aside the order.

5. Stay professional and calm. Judges are not above the law, but challenging them requires precise, well-documented reasoning.

   
   

Key Authorities

• Serafin v Malkiewicz [2020] UKSC 23 — unfair hearing due to judicial hostility; full retrial ordered.

• K and L (Children: Fairness of Hearing) [2023] EWCA Civ 686 — hearing unfair where judge effectively took over cross-examination.

• Re Z (Prohibition on Cross-Examination: No QLR) [2024] EWFC 22 — reinforces fairness and neutrality, especially in domestic abuse cases.

If you’ve experienced unfair treatment in court — whether by a judge, lay justice, or clerk — you don’t have to face it alone. The law protects your right to a fair hearing.

By William Slivinsky, W-S Paralegal ServicesProfessional guidance and paralegal services for litigants in person.