Boro say that Ziege was valued at £7.5m and are therefore are seeking £2m extra from the transfer fee and an additional £4.5m in compensation for other various losses.
Today, Lord Justice Simon Brown said the High Court's reasoning had been unconvincing and that the application by Liverpool for summary judgment had been dealt with before disclosure of all the relevant documentation.
"It is all very well for Ziege to make categoric written statements of his thinking and intentions but this had not been tested by cross-examination," he said.
"Many assumptions have been made in favour of Middlesbrough. It may be that when the case is fully heard some will prove unfounded," he said.
"The claim is not bound to succeed but the club must be entitled to advance it."
He did warn that it was not a foregone conclusion and that when the case finally came in for a full hearing Middlesbrough would not necessarilly win.
Lets hope this saga can be finally brought to a conclusion once and for all, without Boro having to dig deep into the coffers for an expensive and unwanted court case.