FIVE traders, including Sunderland man Steve Thoburn, who were convicted of breaking the law by selling goods in pounds instead of kilos, have confirmed they will take their case to the House of Lords.

Last week, fruit and veg stallholder Mr Thoburn, and four other so-called Metric Martyrs, lost their High Court case for the legal right to trade in pounds and ounces.

The Metric Martyr Campaign now says it will lodge its request for leave to appeal on Friday.

Neil Herron, who acts as spokesman for Mr Thoburn, his friend, said: "We have taken instruction and it is our intention to appeal against the judgement and lodge the certificate which allow us leave to appeal at the House of Lords.

"The fight must go on, and the public is urging us to continue to expose what has been done in their name, without their consent.

"Yet again, in the fight for justice, we have to call for financial support from the only too willing public."

The campaign's appeal for more money comes after Sunderland City Council, which initially brought the case, announced it plans to apply to the Government to pay the estimated £96,000 costs to take the traders to court.

It brought the case last April but, despite winning, was not allowed to claim the costs.

Now the council is asking the Department of Trade and Industry (DTI) to foot the bill.

It believes that, because it was a national test case, costs of the process should not fall on the taxpayers of Sunderland

But Mr Herron said earlier this week: "Questions should be asked by Sunderland City Council of their legal representatives. It seems a full team of lawyers forgot to apply for the costs.

"The council should never have brought this action anyway. Why didn't they go to the DTI to clarify it in the first place when allowing a market trader of limited financial means leave to defend himself?

"They were the ones who instructed expensive lawyers and tried to use costs as a weapon.