THE family of Seamus Ludlow who was murdered by a UDR member in 1976, has been given leave to apply for a judicial review seeking an independent inquiry into his death.
Mr Ludlow, a 47-year-old forestry worker from Co Louth, was murdered outside Dundalk on 1 May 1976.
A member of the British army regiment the UDR later confessed to the murder but has never been brought to justice.
Mr Ludlow's family wants an independent inquiry into the Garda investigation of his death and into what happened to files on the case which went missing.
Ten years ago an Oireachtas Committee recommended that two commissions of investigation should be set up to look into the issues around the case.
The application is expected to be made next week.
Michael Donegan, a nephew of Mr Ludlow, welcomed the decision, describing it as a step forward after ten years where two successive governments failed to act on the recommendations of the Barron Inquiry and an Oireachtas Committee.