Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
entirely appropriate. The Court in Jameel made the following significant
observations:
40 We accept that in the rare case where a claimant brings an
action for defamation in circumstances where his reputation
has suffered no or minimal actual damage, this may constitute
an interference with freedom of expression that is not necessary
for the protection of the claimant’s reputation. In such
circumstances the appropriate remedy for the defendant may
well be to challenge the claimant’s resort to English jurisdiction
or to seek to strike out the action as an abuse of process …
54 … An abuse of process is of concern not merely to the parties
but to the court. It is no longer the role of the court simply to
provide a level playing field and to referee whatever game the
parties choose to play upon it. The court is concerned to ensure
that judicial and court resources are appropriately and
proportionately used in accordance with the requirements of
justice …
55 There have been two recent developments which have
rendered the court more ready to entertain a submission that
pursuit of a libel action is an abuse of process. The first is the
introduction of the new Civil Procedure Rules. Pursuit of the
overriding objective requires an approach by the court to
litigation that is both more flexible and more proactive. The
second is the coming into effect of the Human Rights Act
1998. Section 6 requires the court, as a public authority, to
administer the law in a manner which is compatible with
Convention rights, in so far as it is possible to do so. Keeping a
proper balance between the article 10 right of freedom of
expression and the protection of individual reputation must, so
it seems to us, require the court to bring to a stop as an abuse
of process defamation proceedings that are not serving the
legitimate purpose of protecting the claimant’s reputation,
which includes compensating the claimant only if that
reputation has been unlawfully damaged.
[Emphasis added in italics and bold italics]
Neither the Civil Procedure Rules of England and Wales (“CPR”) nor the
Human Rights Act 1998 of the United Kingdom are directly applicable to
Singapore.
35
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