David Shayler today won leave to appeal to House of Lords the recent Court of Appeal ruling - that he could not have access to a defence of necessity or a broader public interest defence in his trial under the Official Secrets Act.

John Wadham, director of Liberty and David Shayler's solicitor, said: "We welcome the decision of the House of Lords today. It will give us the opportunity to demonstrate that the blanket ban on disclosures is contrary to English common law and violates the right to freedom of expression."

On 28th September, the Court of Appeal ruled that a defence of necessity must be available under the Official Secrets Act - the first time this has ever been clearly established in law.

However, the Court of Appeal also ruled both that the more general public interest defence is not available; and that the defence of necessity is not available to David Shayler. These are the elements of the ruling we will now appeal in the House of Lords.

The Lords hearing means the Crown Court trial will not now resume on 26th November, but some time next year.