The man alleged to be the British Army's top agent inside the IRA, Freddie Scappaticci, has been granted leave by the High Court in Belfast for a judicial review of the British government's decision not to comment on the allegation.
Michael Lavery QC, who is representing Mr Scappaticci, had argued that the Security Minister, Jane Kennedy, had a duty under the Human Rights Act to make a clear statement.
She has refused to confirm or deny that he was an agent.
For the Northern Ireland Office, Declan Morgan QC, said leave for a review should not be granted as Mr Scappaticci could apply under the Data Protection Act for access to the information.
