Lee Hsien Loong v Leong Sze Hian
69
[2021] SGHC 66
The second reason why I am reluctant to directly apply Jameel to the
present facts is because the reasoning in that decision centres in very large part
on the English Court’s concern with forum shopping. This is evident from the
face of Jameel itself at [70]:
If we were considering an application to set aside permission to
serve these proceedings out of the jurisdiction we would allow
that application on the basis that the five publications that had
taken place in this jurisdiction did not, individually or
collectively, amount to a real and substantial tort. Jurisdiction
is no longer in issue, but, subject to the effect of the claim for
an injunction that we have yet to consider, we consider for
precisely the same reason that it would not be right to permit
this action to proceed. It would be an abuse of process to
continue to commit the resources of the English court,
including substantial judge and possibly jury time, to an action
where so little is now seen to be at stake. Normally where a
small claim is brought, it will be dealt with by a proportionate
small claims procedure. Such a course is not available in an
action for defamation where, although the claim is small, the
issues are complex and subject to special procedure under the
CPR.
As noted in my earlier decision in these proceedings in SUM 428, Jameel was
really a case concerned with private international law principles. The defendant
in Jameel was, after all, a US publisher of a newspaper that had published an
allegedly defamatory article on the internet, and the issue which arose was
whether the defamation claim could be struck out if no significant publication
had occurred in England. Requiring that a real and substantial tort be
“committed within the jurisdiction” (Jameel at [50]) appears to go towards
establishing a connexion with English jurisdiction in the first place. This is
further evident from the reference at [70] of Jameel that it would be an abuse of
process “to continue to commit the resources of the English court, including
substantial judge and possibly jury time, to an action where so little is now seen
to be at stake”. The reference to “so little … at stake” must be understood by
reference to the fact that only five persons within English jurisdiction had
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