Sun reporter Mazher Mahmood is today seeking permission to challenge the High Court's rejection of his injunction against the BBC.
On Friday, High Court judge Sir David Eady ruled that BBC Panorama should not be stopped from broadcasting recent images of the 'Fake Sheikh'.
He said Mahmood's barrister, Adam Speker of 5RB, could not appeal to him on Friday afternoon.
But Press Gazette understands Mahmood's legal representatives want to take the case to the Court of Appeal today – ahead of Panorama's planned broadcast at 8.30pm.
On Friday, Manuel Barca, for the BBC, agreed that recent images of Mahmood would not be used to promote the expose before 6pm today to give his legal team a chance to appeal.
The BBC looks set to go ahead with broadcast as things stand despite the Attorney General asking the corporation to "consider whether it is in the public interest for the BBC to broadcast" the programme while Mahmood is under police investigation. He has not been arrested, so contempt of court restrictions do not apply.
Formerly of News of the World and The Sunday Times, Mahmood has been suspended from The Sun since July when the Tulisa Contostavlos drugs trial collapsed because the judge said Mahmood had lied in his evidence.