The case is due to go for judicial review at the High Court

Swindon Primary Care Trust (PCT) had refused to pay for the anti-cancer drug to treat Ann Marie Rogers, 53.

The refusal came despite the health secretary saying PCTs should not refuse to fund it solely on cost grounds.

A judge ordered the PCT to fund the drug for the mother-of-two until a full court hearing early next year.

Mr Justice Charles ruled that she had an arguable case which merited a full hearing.

He ordered that the PCT should continue her treatment with the drug pending the hearing which may not take place until 22 February, although he categorised it as very urgent.

That will cover the next two rounds of treatment with the drug, the first planned for 5 January.

Mrs. Rogers' solicitor, Yogi Amin, said: "We are delighted the court has agreed to a full hearing and that they have agreed that the PCT should fund our clients treatment between now and that hearing."

I will continue to fight for Herceptin as it is vital in preventing the cancer recurring and allowing me to get my life back Ann Marie Rogers

A spokeswoman for Swindon PCT said: "The PCT is following directions from the Strategic Health Authority and cancer networks not to routinely fund the drug until its safety is confirmed through licensing and the National Institute for Health and Clinical Excellence (NICE).

"The PCT sympathises with Mrs Rogers and her family at this very difficult time and understand her desire to receive the best particular treatment.

"We want to reassure people the decisions on whether or not to fund or to support the prescribing of Herceptin are not made solely on the basis of cost.

"At present the availability evidence of the efficacy and safety of the treatment for early stage breast cancer is insufficient to make reliable judgements. We feel that we cannot comment further on this particular case at this moment whilst legal proceedings take their course," she said.

Anna Wood, from charity Breast Cancer Care, criticised the current criteria for obtaining herceptin treatment.

"It is unacceptable that patients, at such a difficult time of life, are being forced to take such extreme legal action to try to access a breast cancer drug via the NHS.

"Herceptin remains unlicensed but while we await a licensing decision.. the Department of Health must issue clear guidance for PCTs immediately."

'Gruelling treatment'

Mrs Rogers, a former restaurant manager, has borrowed �5,000 for three treatments of the drug but a full course of 17 can cost up to �40,000 - and she says the PCT should provide this.

"I have endured gruelling chemotherapy and radiotherapy and I am angry with my PCT refusing to fund the health treatment I need," said Mrs Rogers.

"I will continue to fight for Herceptin as it is vital in preventing the cancer recurring and allowing me to get my life back."

HERCEPTIN FACTS It targets the HER2 protein, which can fuel the growth of breast tumours Herceptin prevents this process happening Around a fifth of breast cancers are HER2 positive It is currently licensed for use in women with advanced breast cancer - where the disease has spread within the breast or to another organ Early stage breast cancer refers to the first occurrence of the disease The cost for one year's treatment with Herceptin is �19,500

Earlier this year, nurse Barbara Clarke, 49, threatened Somerset Coast PCT with a Judicial Review, but the Trust backed-down before the case and provided her with the treatment.

However, the medical journal The Lancet has said claims for the anti-cancer drug Herceptin should be treated with greater caution.

In an editorial, the journal argued the evidence on effectiveness and safety is not yet reliable.

It warned political and media pressure should not undermine the usual process of checking new drugs.

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