Published Friday, 02 October 2009
Judges due to hear a challenge to the landmark ruling have been told no decision has been made yet on financial assistance for the dissident republican suspects.
Twenty-nine people died in the Real IRA attack in Omagh in 1998.
Victims families awarded compensation in the civil action are also still waiting to hear if they will receive exceptional funding to appeal the level of damages.
In June Mr Justice Morgan, now the Lord Chief Justice, ordered that more than £1.6m in total should be paid out to 12 relatives who sued over the August 1998 massacre.
But the families who took the High Court civil action are pressing for a more punitive award of exemplary damages to be made against those held liable.
Jailed Real IRA chief Michael McKevitt and three other men, Liam Campbell, Colm Murphy and Seamus Daly were all found responsible for the bombing following a year-long trial.
Forms
The Court of Appeal was told on Friday that no decision has been taken over any applications for legal aid to challenge the judgment.
Legal sources close to the case confirmed that without such support all planned appeals would almost certainly have to be abandoned.
In court, Mary Higgins QC, appearing for Daly, revealed that her client's application has been delayed due to a serious assault he was subjected to around the time of the High Court ruling.
She told Appeal judges: "He sustained very serious injuries and hasn't really recovered.
"That has contributed to his failure to sign the form. It just needs a signature plus the signature from his solicitor down south."
McKevitt's barrister Kieran Vaughan said he was also still to submit his completed form for legal aid.
However, applications for Campbell and Murphy have been sent in and are awaiting a decision, the court heard.
Lord Justice Higgins said the case could not be advance much further until the Legal Services Commission makes its rulings.
The judge directed all sides to draw up a list of relevant transcripts and witness evidence from the trial which they require.
Fixing the case for a further mention in November, he added: "Should legal aid be granted in respect of all of the parties before that date there may well be an earlier listing."