Swindon Primary Care Trust has refused to pay for the drug Herceptin to treat a woman who has breast cancer.
The case is due to go for judicial review at the High Court
Anne Marie Rogers, 53, of Swindon, had already applied to the High Court for a review of her case. The hearing is due to take place on Wednesday.
The ruling comes despite the Health Secretary, Patricia Hewitt saying PCTs should not refuse to fund Herceptin solely on the grounds of its cost
A family spokesman said they were awaiting the reason for the refusal.