The British government is to face a legal challenge over its failure to launch a public inquiry into security force collusion in the murder of Northern Ireland solicitor Pat Finucane.
Relatives of the Belfast solicitor are to seek a judicial review of prime minister David Cameron’s decision that Sir Desmond de Silva QC should instead review the papers on the case.
Mr Finucane’s widow Geraldine stormed out of Downing Street when informed of the government plan in October and has now confirmed her intention to mount a challenge in the High Court in Belfast next week.
Secretary of State Owen Paterson apologised at Westminster for the state’s collusion in the 1989 killing in which Mr Finucane was shot 14 times by gunmen from the loyalist Ulster Defence Association (UDA) in front of his wife and three children.
During talks on the peace process at Weston Park in Shropshire in 2001 the government of the day entered into an agreement with the Irish government to hold inquiries into allegations that their respective security forces were linked to a number of notorious murder cases, including the Finucane killing.
The Finucane family said that having considered their options, they were now to mount a legal challenge.
"Not for the first time have we had to resort to legal proceedings to vindicate our legal rights," said Ms Finucane.
“It is clear that the British Government have cynically reneged on the commitment made at Weston Park.
“The Cameron decision is also incompatible with Article 2 of the European Convention on Human Rights (the right to life).
"We take the view that the decision not to hold a public judicial inquiry is just another obstacle which we will have to overcome," she said. “We are determined to get to the truth surrounding my husband’s murder. Our campaign will continue.”
The legal papers will be lodged in the High Court within days and a date for hearing will be sought.
In the wake of the Weston Park talks, it was eventually agreed that the Westminster government would conduct inquiries into four cases, while the Government in Dublin would hold one inquiry. All have been held, except the proposed inquiry into the Finucane case.
It is now known that many of those involved in the murder were agents of the state, but the family has said they want to find out who sanctioned the killing and to expose the full extent of the plot.
The family had objected to holding an inquiry under what they saw as restrictions contained in the Inquiries Act, but following talks with the Conservative-led government, after Mr Paterson sought a meeting with the Finucanes, there had been predictions that a deal was to be brokered on the shape of a mutually agreed inquiry.
PA