The residents' families fear a move could kill them

A judge was told on Wednesday the lives of 27 "extremely frail" residents would be put in danger because their eviction from Delamere House in Sutton, St Helens, was taking place without proper planning and consultation.

Their lawyers said Southern Cross Healthcare, owners of the home, decided on closure because of large financial losses.

The closure decision, due to take effect next week, was triggered after St Helens Council - which funds places at the home - decided not to increase fees to keep it open.

On Wednesday the residents were given permission to seek a judicial review of the decision until risk assessments have taken place.

I know that she cannot live for ever, but I don't want to hasten her demise, and moving in these circumstances would do just that Betty Robinson, daughter of claimant Margaret Haggerty

Their lawyers argued a failure to do so would infringe their "right to life" under the European Convention on Human Rights.

Rupert Skilbeck, for the residents, argued there was "a genuine risk that they will die if moved suddenly without proper planning".

At the full hearing, which could take place next week, a dossier will be put before the court with evidence of the effects of other similar home closures.

About a dozen relatives were at the High Court in London to hear judge Sir Richard Tucker rule the residents had an arguable case.

One of nine patients named in the action is 92-year-old Margaret Haggerty, who has suffered from senile dementia for the past 10 years.

Her daughter Betty Robinson, 56, of Cowley Hill Lane, St Helens, said outside court: "She is very frail. She cannot speak, cannot walk, cannot communicate.

"I am afraid a move just might be the end of her.