Singer Gary Brooker (left) claimed that the 2006 trial was unfair
Matthew Fisher, a founding member of 1960s rock group Procol Harum, has been granted permission to have his appeal heard in the House of Lords.
The move is part of an on-going court battle between Mr Fisher, who played organ on the 1967 hit A Whiter Shade of Pale, and lead singer Gary Brooker.
Mr Fisher is attempting to claim a share of royalties for the track.
In April, London's Court of Appeal overturned a 2006 ruling that said Mr Fisher was entitled to some royalties.
At the time, the court ruled there was an "excessive delay" in the claim being made - nearly 40 years after the song was recorded.
The decision meant Mr Brooker won back full royalty rights to the band's 1967 hit.
In December 2006, Mr Justice Blackburne had ruled Mr Fisher, who contributed the song's famous organ melody, was entitled to a 40% portion of royalties.
"I'm delighted that the House of Lords have decided to take my appeal, and I remain hopeful that my claim will be allowed in full," said Mr Fisher, on Thursday.
For almost 40 years the number one song has been credited to Mr Brooker and lyricist Keith Reid