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 the
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 ….”