A panel of Appeal Court judges in Bermuda yesterday heard an application to allow the ageing patriarch of one of Europe's most powerful families to take his case to the Privy Council in London.

In a complicated and lengthy legal battle, the lawyers for Baron Hans Heinrich Thyssen-Bornemisza de Kaszon of Switzerland are contesting a ruling earlier this year made by the Appeal Court judges of Bermuda.

They dispute whether certain documents between the baron and his lawyers can be entered as evidence in the trial, and want to take the issue to a higher court - the Privy Council of the House of Lords.

The crack team of London and Bermudian lawyers are arguing that an earlier Appeal Court ruling which allows the privileged documents between the baron and his lawyers to be entered into the court as evidence is wrong.

These documents also contain matters concerning the Baron's fifth wife, the former Miss Spain, Carmen `Tita' Cervera.

The appeal is part of a process in which the Baron is trying to wrest control of the $2.7 million Thyssen-Bornemizsa Group, from his eldest son Georg, who he handed control to in 1993.

This group is a global network of mining, shipping, manufacturing and plastics controlled by a trust headquartered in Bermuda.

Dozens of lawyers have been flown in for the trial, which could last up to a year, plus appeals. It took a year and a half of pre-trial wrangles - of which this appeal is one - for the case to begin last month. The battle had promised to reveal details of a bitter feud between the 78-year-old art collector and industrialist and his 49-year-old son.

But so far the civil case has been bogged down with legal technicalities and the first witnesses may not go to the stand until March next year.

In order to persuade the Appeal Court judges to refer the issue to the Privy Council, Michael Crystal QC, for the baron, will have to convince the judges that the case is of "great general and public importance.'' The lawyers for Georg are saying that there is no case for appeal and that the issue rests on whether documents between both the baron and his fifth wife and their lawyers should not have joint privilege and be allowed as evidence.

Alan Boyle, QC, for Georg said: "Your Lordships should refuse leave. They can go to London and petition special leave. The Privy Council should decide themselves whether to take it to court. Your Lordships should not force them to take it to court, their Lordships in London should decide.'' Mr. Boyle also asked that the judges award all costs to the Baron.

The appeal is expected to last all week and is being heard by Sir James Astwood, Sir Derek Cons and Philip Clough.