The dispute over admissions to JFS is due to make legal history – it will be the subject of the first sitting of Britain’s new Supreme Court.
The new court, which replaces the House of Lords, was not due to open until next week.
But a hearing relating to the costs of the JFS case has been set for today.
In June, the Court of Appeal ruled that it was unlawful for schools to base entry on whether a child’s parent was Jewish or not.
The Supreme Court is due to begin hearing JFS’s appeal against the Court of Appeal decision on October 27.
A spokesman for the Legal Services Commission explained that the hearing stemmed from its decision to reconsider legal aid for "E", the father of the boy whose rejection by JFS two years ago sparked the legal action.
"Legal aid was originally granted to E after he passed a financial means test and his case had met the Legal Services Commission's (LSC) legal merits test. These are the standard tests we apply to any applicant for legal aid funding," he said.
But following E's success in the Court of Appeal, the LSC "now needs to review whether it is reasonable to extend legal aid funding, or whether the funding should be withdrawn. In reaching its decision, the LSC will take into account the interests of the client, the wider public interest and the legal aid fund,"
"The legal aid fund issue would become less of a factor if we were to secure a protective costs order from the Supreme Court. A protective costs order hearing takes place tomorrow at the Supreme Court, so a decision on funding E for the substantive Supreme Court hearing will take place after the outcome of the costs hearing is known."
A protective costs order would mean that if E lost the Supreme Court case, the commission would not have to pay the costs of JFS.
