himanshu0123
use of 'have been'' in option B] tells us that the work is already done in the past.
However, we are talking about fears of plaintiffs. Fears might be true in future but not true yet.
why not option A]?
(A) isn't terrible, and in a vacuum there might not be anything "wrong" with it, but our beloved compatriot Daagh was spot on in
this post. The chronology of events is just a bit clearer and more logical in (B): the fears are ongoing (simple present), and an appeal would happen AFTER a case has been decided in a lower court, not WHEN a case is decided in a lower court.
Also, "to which to appeal" is a little better than "that they can appeal to" in this case, since it makes the meaning a little bit more clear and direct. Rather than just describing the higher court with a noun modifier, the phrase "to which to appeal" makes the relationship between the plaintiff and the higher court immediately clear and precise: the plaintiffs would appeal
to higher courts.
Lastly, the multiple "that" clauses in (A) are a bit hard to follow ("... fear
that they will have no higher court
that they can appeal to"). At first glance, it almost looks like a parallel list of fears. That certainly doesn't make (A) definitively WRONG, but it gives us another small vote in favor of (B).
Again, (A) probably isn't wrong in a bubble, but (B) is a better, clearer choice.