The shareholders appealed that decision in a bid to keep the action alive. In dismissing the appeal against the unless order, the Court of Appeal judges said: “No basis has been identified on which an appeal from that decision should be allowed. “Nor has it been shown that the interests of justice require that the claimants be excused from the consequences of non-compliance with the unless orders,” they ruled. The appeal had failed “by a wide margin,” they said. Shareholder representative Tony Gavigan refused to accept the case was over, saying legal advice would be sought to take an appeal to the Supreme Court.