 Greene v Associated Newspapers Ltd [ 2004 ] EWCA Civ 1462 is a case of the Court of Appeal of England and Wales that governs the use of injunctions against publication in alleged defamation cases . Greene , a businesswoman , sought an injunction against Associated Newspapers Ltd to prevent them publishing alleged links with Peter Foster ; while they claimed to have emails showing links , she asserted that they were false . The test at the time for a preliminary injunction in defamation cases was Bonnard v Perryman , where it was established that the applicant has to show " a real prospect of success " at trial . The Human Rights Act 1998 established that judges should consider whether applicants are " more likely than not " to succeed at trial , a test applied to confidentiality cases in Cream Holdings Ltd v Banerjee and the Liverpool Post and Echo Ltd . Greene claimed that the Cream test should be applied rather than the Bonnard test . 
