Richards was team boss at BAR and Benetton

The matter has now been referred to the court of appeal of Formula One's governing body, the FIA. A hearing will take place in London on 24 October.

British-based Prodrive, run by former Benetton and BAR team boss David Richards, are due to become Formula One's 12th and final team next season.

They will use Mercedes-powered McLaren cars as rules banning so-called 'customer cars' are set to be changed.

The existing teams have yet to agree a new commercial agreement governing the sport after 2007.

Prodrive's plans therefore remain on hold until an agreement is reached on what revenue customer teams will be entitled to.

606: DEBATE Your views on Prodrive's bid to join Formula One

McLaren boss Ron Dennis said recently: "We are supportive of this programme conditional on them being able to make themselves comfortable about their eligibility in 2008 using effectively identical cars.

"This is quite a big project and well-financed, but the ball is certainly not in our court at the moment."

The FIA have also confirmed that an appeal by the Italian motor racing authorities on behalf of Toro Rosso will be heard on 12 October in Paris.

They are challenging a stewards' decision at the Japanese Grand Prix that cost them their first point of the season.

Meanwhile, Japan's Kazuki Nakajima looks to have a future with Williams but Austrian Alex Wurz may not retain his drive.

"Alex has been very reliable but I am not sure whether he is going to race again next year," said team boss Frank Williams.

"It is too soon to say if Nakajima will have an outstanding future or a medium future, but I think he is Formula One material."

Nakajima, the 22-year-old son of former Formula One racer Satoru Nakajima and a member of Toyota's young driver programme, joined Williams last November as a test driver.