The Co-operative Group has been given permission to appeal its case against Fujitsu Services, despite Mr Justice Richard Seymour's contemptuous dismissal of the original claim.

Ashurst Morris Crisp partner Chris Vigrass and One Essex Court's Christopher Carr QC will lead the appeal after DLA and Richard Mawrey QC were slammed by the judge for their performance in the original case. The case revolves around services that Fujitsu, then ICL, supplied to Co-op.

The Co-op has also lodged a complaint against Judge Seymour, alleging that he did not treat the witnesses fairly after accusing them of telling lies.

While the court will not announce on what grounds it has granted an appeal, Mawrey previously told The Lawyer that the Co-op was considering an appeal on the grounds of judicial misconduct.

Judge Seymour said the suggestion that the claimant had not had a fair trial came “quite close to an impertinent allegation”. In his extraordinary judgment, he also stated that the claim was “bordering on the nonsensical”.

Harry Small of Baker & McKenzie is advising Fujitsu Services, together with Henry Carr QC of 11 South Square.