 When the Ministry of Defence refused on the grounds that this was a merchant ship and therefore not eligible for designation, the claimants made an application for judicial review, supported by Peter Marsden (a local historian and maritime archaeologist) and the Merchant Navy Association.The High Court judge, Mr Justice Newmann, decided in favour of the claimants on 13 December 2005.The Ministry of Defence appealed, but on 5 October 2006, the Appeal Court upheld the High Court decision.