The Second Appeal The Principles The principles applicable to this type of matter are well known. In view of the way the arguments were presented, there is no need to expound the basic principles here. Both counsel have relied on Berezovsky v Forbes Inc. [1999] E.M.L.R. 278 for guidance on the exercise of the court’s discretion in cases such as this; those involving the publication of a foreign libellous document within the jurisdiction. On this point, the principle, as fairly set out in the headnote of the Berezovsky case, and based on earlier decisions and adopted by the English Court of Appeal, reads – “Where the English circulation of a foreign publication gave rise to a substantial complaint that a tort had been committed in England, having regard to the scale of publication and the extent to which the plaintiff had connections with, and a reputation to protect in, this country, England was prima facie the natural forum for the resolution of the dispute.” The Scale of Publication As to the scale of publication, there were some 500,000 copies of the magazine published of which 157 were distributed in Hong Kong. It is not known, of course, how many Japanese readers with the necessary computer facilities read the Internet publication. I regard 157 copies of the magazine being distributed in Hong Kong as a significant number. Of course, one can do sums with the figures and say that the number published in Hong Kong compared with the total number is very small, but I do not think this is the right approach. What I am concerned about is whether or not the number is significant for the purposes of deciding whether a complaint about the publication could be said to be one of substance. I think it is. This consideration must take into account the nature of the publication. If it is low-key and boring, one might think that a greater size of publication is necessary to consider the tort committed as substantial for present purposes. Where, however, as here, the alleged defamatory material is what one may describe as sensational and juicy, a much smaller size of publication would be 5