Donoghue filed a petition to appeal to the House of Lords on 25 February 1931. She also sought (and subsequently received) permission to pursue the case "in forma pauperis" (with the status of a pauper) – a status she had not, for unknown reasons, sought at the Court of Session – providing an affidavit declaring that "I am very poor, and am not worth in all the world the sum of five pounds, my wearing apparel and the subject matter of the said appeal only excepted...". This claim was supported by the minister and two elders of her church and meant that Donoghue was not required to provide security for costs in case she lost the appeal. (Her legal team had agreed to work "pro bono".)