A married celebrity who allegedly took part in a threesome has applied to the Supreme Court to try to stop his name being reported in England and Wales.
The Supreme Court confirmed it has received an application for permission to appeal from a man known as “PJS”.
On Monday, the Court of Appeal lifted an injunction banning the media in England and Wales from reporting the identity of the celebrity.
But it said the celebrity still could not be named pending a possible appeal.
Judges gave the man, who has young children, and whose spouse is also in the public eye, until 10:00 BST on Tuesday to apply to take the case to the UK Supreme Court.
In that ruling, they said there must be no publication leading to disclosure of the celebrity’s identity before 13:00 BST on Wednesday.
Supreme Court justices were considering the application for a hearing, a spokeswoman confirmed on Tuesday morning.
“A decision whether to grant, or refuse, permission is expected to be made by the end of the day,” she added.
The Sun on Sunday wants to publish an account of PJS’s alleged extra-marital activities.
But he argues he has a right to privacy and has taken legal action.
Monday’s court judgement said the celebrity had “occasional sexual encounters” with another person – referred to in court as AB – starting in 2009.
They had a text message exchange in December 2011 in which they discussed a “three-way” with AB’s partner, CD.
Accordingly, the three met for a three-way sexual encounter.
In January, the two other parties approached the Sun On Sunday with the story.
That month a High Court judge refused to impose an injunction barring publication.
But the man appealed – and two appeal court judges ruled in his favour. They prevented him being identified in publications in England and Wales.
Lawyers for News Group Newspapers – publishers of the Sun On Sunday – then asked Court of Appeal judges to lift the ban.
They argued that stories had been published in the US, Scotland and elsewhere where the injunction does not apply. The story had also spread across the internet and on Twitter.
PJS opposed that application and said the ban should stay.
On Monday, the judges ruled that PJS was now unlikely to be able to get a permanent injunction
Details about the allegations were now “so widespread” that confidentiality had “probably been lost”, they said.
The man’s solicitors had been “assiduous” in monitoring the internet and removing stories in breach of the injunction but the judges said that it was now a “hopeless task”.
The appeal judges left the injunction in place until 13:00 BST on Wednesday to give the man time to apply to the Supreme Court.
All copyrights for this article are reserved to bbc uk