THE solicitor representing Swindon breast cancer sufferer Ann Marie Rogers said he is delighted that Herceptin is a step closer to being available on the NHS.

The drug, which Mrs Rogers, of Haydon Wick, had to fight in the courts to receive, was approved by the European Medicines Agency (EMEA) and is likely to be approved by the National Institute for Health and Clinical Excellence (Nice) in the next few weeks.

The Government uses Nice to judge on what drugs are approved for use.

The European Commission yesterday granted a licence for the drug to be used across Europe for early stage breast cancer after it was recommended by the EMEA.

Herceptin is already approved for use in the later stages of the disease and costs around £20,000 a year.

Yogi Amin, from Irwin Mitchell solicitors, who represented Mrs Rogers, said: "I am delighted.

"However we now call on Nice to make its best efforts to ensure that it recommends it quickly for the many women currently waiting for this drug."' But Shirley Garman, Swindon spokeswoman for Breakthrough Breast Cancer, said the granting of a licence was just another small step towards its availability on the NHS.

She said: "I think Ann Marie was very important, and remains important, but although this is very good news, the next step is for Nice to give its approval.

"These are very important bridges to cross, but we must remember that even if Herceptin is granted a licence by Nice, its availability may still be hindered by cost."

Herceptin is effective on the HER2 positive type of breast cancer, which affects around 20 per cent to 25 per cent of women newly diagnosed with breast cancer.

Nice chief executive Andrew Dillon said: "Our appraisal of the clinical and cost effectiveness of Herceptin is already under way.

"We are keen to ensure that guidance is available in a matter of weeks."

Mrs Rogers was told she could have Herceptin following a court battle.

She appealed against an earlier High Court decision upholding Swindon Primary Care Trust's (PCT) refusal to fund Herceptin.

She said the trust's denial had left her facing a 'death sentence'."

The trust was told to review its policies, and agreed to pay for her drug in the interim but the court said no trust could be ordered to pay for Herceptin.

Swindon PCT chief executive Jan Stubbings said: "We welcome the news that Herceptin has been granted a licence from the European Medicines Agency.

"We look forward to hearing the decision of Nice regarding clinical and cost effectiveness and whether, therefore, this can be introduced for global usage in the NHS.

"The court judgement was extremely complex and we are in the process of reviewing our practice with the advice of our legal team."