Ratio Decidendi
A defamation action can be struck out as an abuse of process where the publication is so limited that no real or substantial tort has been committed (the 'Jameel abuse' principle). The game must be worth the candle.
Fakty
Mr Jameel sued over an online article published by Dow Jones. Evidence showed the article had been accessed only five times in England and Wales, three of which were by his own associates.
Podsumowanie orzeczenia
The Court of Appeal struck out the claim as an abuse of process. The extent of publication within the jurisdiction was so small that no real or substantial tort had been committed. Continuing the proceedings would be disproportionate.
Kluczowe cytaty
"If the claimant has suffered no real or substantial tort, the game is not worth the candle."
— Lord Phillips MR
Późniejsze zastosowanie
Widely applied as the 'Jameel abuse' doctrine. Now supplemented by the s.1 Defamation Act 2013 serious harm requirement per Lachaux.