 Martha Greene , a businesswoman , sought an injunction against Associated Newspapers Ltd to prevent them publishing allegations that she was linked to Peter Foster , a convicted fraudster . Associated Newspapers claimed they had emails proving the link , and wanted to rely on a defence of fair comment and justification ; Green asserted that the emails were fakes . At the time , the law on injunctions was governed by two cases ; Bonnard v Perryman and Cream Holdings Ltd v Banerjee and the Liverpool Post and Echo Ltd . Bonnard established that " The right of free speech is one which it is for the public interest that individuals should posses , and indeed , that they should exercise without impediment , so long as no wrongful act is done … Until it is clear that an alleged libel is untrue , it is not clear that any right at all has been infringed ; and the importance of leaving free speech unfettered is a strong reason in cases of libel for dealing most cautiously and warily with the granting of interim injunctions " , telling courts that injunctions in libel cases should only be granted if there is " a real prospect of success " at trial . 
