The Newcastle midfielder’s lawyer, Steven Barker, said it was likely his client would appeal the decision made by Mr Justice Bean sitting in private at the High Court in London.

Mr Barker launched the legal challenge last month after lodging papers seeking a judicial review of the decision to prosecute him.

Bowyer had been summonsed to appear before JPs at Newcastle Magistrates’ Court to face an allegation under Section 4 of the Public Order Act.

The proceedings have been postponed pending the outcome of the High Court challenge.

Mr Barker told the Press Association that Mr Justice Bean had refused the application to hold a review of the case.

The footballer, who has also played for West Ham, Leeds and Charlton, has the right to apply to a panel of three High Court judges to review the original application.

“The situation is that Mr Justice Bean refused permission to proceed with the application,” Mr Barker said.

“It is now open for Mr Bowyer to resume the application with a full application before three High Court judges.

“That decision will be made in the next 48 hours and Mr Bowyer is being advised to do so because we do not accept the decision.”

Mr Barker believes Bowyer’s club fine of “more than a quarter of a million pounds” meant further punishment by the courts was not in the public interest.

The player clashed with fellow midfielder Kieron Dyer during Newcastle’s 3-0 by Aston Villa in April, and the incident was caught on television, as well as witnessed by 52,000 fans at St James’ Park.