An investigation by the police watchdog into three police officers over their conduct in the so-called Plebgate scandal has been put on hold.
Inspector Ken MacKaill of West Mercia Police, Detective Sergeant Stuart Hinton, of Warwickshire Police, and Sergeant Chris Jones, of West Midlands Police - all Police Federation representatives - have won permission from the High Court to challenge the legality of the probe.
On Wednesday, Judge Mr Justice Hamblen ruled the case was arguable and should go to a full hearing - a date for which has not yet been set.
The trio, who were initially told they would face no action for misconduct for press interviews they gave following talks with Andrew Mitchell last year, are accused of giving misleading accounts of the October 12 meeting.
Mr Mitchell met Insp MacKaill, Det Sgt Hinton and Sgt Jones at his Sutton Coldfield constituency office to "clear the air" after his row with Downing Street officers who refused him permission to cycle through the main gates.
The MP apologised for swearing at police officers but denied using the word "plebs", while in comments made after the meeting the trio claimed the former Tory chief whip refused to provide an account of the incident.
The Independent Police Complaints Commission (IPCC) found that in interviews after the trio's meeting with the MP there was "evidence to suggest" that officers gave a "false account" of the meeting - a meeting Mr Mitchell had recorded.
Mr Mitchell was prevented from riding out the main gates of Downing Street The IPCC probe will now await the outcome of the pending legal action. The Police Federation is supporting the officers in their application for judicial review.
Mr Mitchell quit the role of chief whip because of the scandal.
While he has admitted arguing with the officers on September 19, 2012, he has always denied using the word "plebs", which was the politically charged element of the phrase that led for calls for him to resign.
Last month, Pc Keith Wallis and Pc James Glanville were sacked from the Metropolitan Police for gross misconduct over their role in the affair.
On February 6, Wallis, 53, was sentenced to 12 months in prison after lying about witnessing the Plebgate row.
Mr Glanville was arrested in January 2013 on suspicion of the unauthorised disclosure of information to the media.
Although no criminal action was taken, the team tasked with investigating the disclosure of information to the press found evidence Mr Glanville gave details to The Sun.
No criminal charges were brought but he also faced a misconduct hearing.
During the hearing, the Met's Assistant Commissioner Simon Byrne found the pair had breached standards of professional behaviour relating to honesty and integrity, confidentiality, orders and instructions and discreditable conduct.
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