The phrase was first used by Mr Justice Foster in the 1978 English High Court case Morning Star Cooperative Society v Express Newspapers Limited [1979] FSR 113, in which the publishers of the Morning Star, a British Communist Party publication, sought an injunction to prevent Express Newspapers from launching a new tabloid to be called the Daily Star.
The phrase was initially employed by Mr Justice Foster in the 1978 English High Court case Morning Star Cooperative Society v Express Newspapers Limited [1979] FSR 113, where the publishers of the Morning Star, a British Communist Party publication, sought an injunction to prevent Express Newspapers from launching a new tabloid titled Daily Star.