Cherie's friend fails to gag paper

Martha Greene, a friend of the Prime Minister's wife, today failed in an attempt to gag the Mail on Sunday in a landmark ruling for the freedom of the Press.

Three Appeal Court judges gave their full support to the paper's right to publish an investigation into the American restaurateur.

The judges said that the legal challenge had threatened the right of the free press in Britain.

The 48-year-old, who owns Villandry, the Marylebone restaurant bar and food store, has been widely described as Cherie Blair's "new best friend".

On 16 October she sought a High Court injunction to try to stop the Mail on Sunday printing an article about her.

The previous week it had published her alleged contacts with convicted fraudster Peter Foster, who had severely embarrassed the Blairs over controversial property deals.

Her legal application failed but Mr Justice Fulford granted her a temporary injunction to stop publication pending an appeal. Today Lord Justice Brooke, sitting with Lord Justices May and Dyson, unanimously threw out the appeal and refused her permission to take her case to the House of Lords.

In a ringing judgment, Lord Justice Brooke said: "In this country we have a free press. Our press is free to get things right and it is free to get things wrong.

"It is free to write after the manner of Milton and it is free to write in a manner that would make Milton turn in his grave."

He quoted the historic legal figure William Blackstone's support for the liberty of the press dating back to 1769. "It is this freedom which is under challenge in this appeal," said the judge.

Outside court, a spokesman for Associated Newspapers' legal department said: "At a crucial time for freedom of expression the Court of Appeal has restated the value and importance of a free press in our democracy.

"The judgment quotes from Blackstone in 1769 and I expect that the reasoning in this decision will be taught and referred to in courts around the world for hundreds of years to come."

Associated Newspapers, publisher of the Mail on Sunday and the Evening Standard, was represented by Andrew Caldecott QC and Catrin Evans, instructed by Elizabeth Hartley of Reynolds Porter Chamberlain. Richard Spearman QC, instructed by Julian Pike of Farrer & Co, represented Ms Greene.

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