Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
The doctrine in Jameel
66
In Jameel, the English Court of Appeal concluded that, as there had been
no real and substantial tort committed within England, it was an abuse of
process for the plaintiff in that case to pursue his claim. In Jameel, a foreign
claimant commenced proceedings for defamation in England against the
publisher of an American newspaper in respect of an article posted on a website
in America. The publisher, in response, adduced evidence which showed that
only five persons in the jurisdiction of the English courts had accessed the
website, of whom three were associates of the plaintiff. The publisher thus
applied to strike out the claim on the ground that it had no reasonable prospect
of success. In upholding the decision to strike out the claim, the English Court
of Appeal held that no real and substantial tort had been committed within the
jurisdiction, and that it would be an abuse of process for the plaintiff to be
permitted to proceed with his claim. This was despite the publisher not having
previously objected to the jurisdiction of the English courts on the basis of forum
non conveniens. The English Court of Appeal specifically observed that even if
the plaintiff succeeded, the vindication it received would be minimal and the
cost of the entire suit would have been out of proportion to what had been
achieved.
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I have some difficulty with the conclusion the defendant invites me to
draw from Jameel, that the case applies wholesale to the instant facts to render
the plaintiff’s claim an abuse of process. First, it appears to me that the decision
in Jameel was animated in large part by developments unique to the United
Kingdom, and which find no ready parallel in Singapore. The application of the
reasoning and principles in Jameel to the Singapore context thus must be highly
fact-specific, and a broad-brush approach to applying Jameel does not appear
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