We applied for permission to appeal back in September, and for the last three months the court for appeal have been reviewing the case papers.
The court of appeal has read through the papers and have written to following:
"The learned judge's judgement was long and careful. I am nevertheless persuaded that for the reasons set out in Counsel's skeleton argument there is a realist prospect of persuading the court that he was wrong to regard the section 4 defence as established particularly in circumstances where as the judge observed there was much to be said for the appellant's legal analysis and the defendant was pursuing a media strategy which does not appeal to have recognised any need for reference to the appellants side of the story and his answer to the serious allegations made against him. In addition the appeal raises important questions about the ambit of the section 4 defence in cases of this kind.
I am also persuaded that there is a realist prospect of persuading the full court that the judge was wrong to find that the claimant would have suffered no serious harm to his reputation or its likelihood as a result of the 3 November items"