The challenge by Sinn Fein's Mr Martin McGuinness MP of Sinn Fein to the legality of MPs having to swear an oath of allegiance to Queen Elizabeth may not get past the preliminary stage. A lawyer for the Speaker of the House of Commons, Mrs Betty Boothroyd, told the High Court in Belfast yesterday he intends questioning the court's power to adjudicate on matters affecting Parliament.
If Mr Justice Kerr decides the court has no jurisdiction to hear the case, Mr McGuinness's application for judicial review could collapse.
The Mid-Ulster MP, who is in the United States with the party's leader, Mr Gerry Adams MP, has already been refused legal aid to pay for his case.
Both have been refused facilities available to other MPs because they have not taken their seats.
To do so they would have to take the oath of allegiance and both contend that it is incompatible with their republican beliefs.
The question of the court's right deal with the case will be decided on October 1st when the judge will deal with the preliminary issue of an application for leave to apply for judicial review.
He said there were very important issues requiring serious consideration and the hearing would ensure the case would receive the mature consideration it deserved.
The judge directed Mrs Boothroyd's lawyers to file a skeleton argument concerning jurisdiction within two weeks and said Mr Michael Lavery QC, for the MPs, would have a further week to submit a reply.