A former restaurant manager has won the right to bring a legal challenge to her National Health Service trust's refusal to provide Herceptin, the breast cancer drug. A High Court judge ruled that Ann Marie Rogers, a mother of two, had an arguable case, which merited a full hearing. She has borrowed £5,000 for three courses of treatment but maintains that she cannot afford to continue the funding.

Mr Justice Charles ordered Swindon Primary Care Trust to continue her treatment with the drug, which is not yet licensed for early breast cancer, pending the hearing.