Solicitors for the family of murdered west Belfast man Francisco Notarantonio have launched legal action over the failure of authorities to allow cases involving the Investigatory Powers Tribunal (IPT) to be heard in courts in the north.
Mr Notarantonio, a former republican internee, was shot dead by the UDA in his west Belfast home in 1987.
The murder of the pensioner has previously been linked to former republican Fred Scappaticci - who has been named as the agent Stakeknife in the media - with claims he was sacrificed to save the life of the agent.
Solicitors acting for his family had asked the IPT, which investigates complaints linked to covert intelligence activities by state agencies, to probe the role of such bodies in how the murder was presented to the public.
They have raised questions as to whether an individual called Stakeknife actually exists and if any reference to such an agent was part of a wider 'psychological operation' (psyop) on the part of British military intelligence and MI5.
After initially refusing the request it has now agreed to an appeal but insists it should be heard by the Court of Appeal in England and Wales.
Solicitor Michael Brentnall recently launched legal action against the IPT, the Secretary of State, Department of Justice and Stormont Executive over their alleged failure to put in place an effective appeals process for people living in the north.
"We believe that this matter should be dealt with in this jurisdiction, given our client is alleging that RUC Special Branch and MI5 played a role in the cover up of what is a conflict related murder," he said.
"However, we are also challenging the failure of the Northern Executive and the Secretary of State to provide an effective appeal process in this jurisdiction."
In a response to Mr Brentnall this week the Crown Solicitor's Office, which is acting for the Secretary of State Brandon Lewis, said "any application for leave to apply for judicial review will be resisted".
