 The case first went to the High Court of Justice , where it was heard by Fulford J ; he decided that he did not have the authority to overrule Bonnard , and passed the case on to the Court of Appeal after granting a temporary injunction . In the Court of Appeal , the case was heard by May , Dyson and Brooke LJJ , with Brooke delivering the judgment on 5 November 2004 . In it , Brooke judged that defamation , the subject of Greene , was significantly different from breach of confidentiality , the subject in Cream . While the damage from a breach of confidentiality can never be undone , <unk> a simple test for issuing injunctions , a defamation case that is won vindicates the injured party . Making it easier to grant injunctions in defamation cases would damage the delicate balance between freedom of the press and the right to privacy ; as such , despite the Human Rights Act , Bonnard is still a valid test . 
