The council claimed Mr McFeely had no arguable grounds of appeal, but he disputed this.

Mrs Justice Lieven said there are " arguable grounds" for the permission to be overturned and supporters will go to court this week.

In her decision dismissing the appeal last month, Justice Ellis said the only seriously arguable grounds for an appeal was the couple's ability to pay.

The Chief Justice, Mr Justice Keane, said Holland had put forward arguable grounds for his claim that certain sections of the 1996 Act were unconstitutional.