THE FAMILY of Mark Duggan, whose fatal shooting by a police marksman sparked nationwide riots, have won permission to go to the Court of Appeal over a finding that he was "lawfully killed".

They are challenging a decision by three High Court judges that an inquest jury was entitled to bring in its 8-2 majority verdict.

Lord Justice Sales allowed their application for permission to launch a full appeal against the High Court ruling.

The judge cautioned the family against thinking his decision meant their appeal must succeed.

But he said their case was "arguable" and added: "I am granting permission on the basis that there is a real prospect of success on appeal."

The judge said: "I also consider a further compelling reason for the grant of permission is that the shooting dead of a suspect by police is always a matter for careful scrutiny."

The application for permission to appeal was led by Mr Duggan's mother, Pamela.

The inquest jury decided last January that the 29-year-old was lawfully killed by a police marksman in Tottenham, north London, in August 2011.

Armed officers intercepted the minicab Mr Duggan was travelling in on the basis of intelligence that he was part of a gang and had collected a gun. He was shot twice by an officer known as V53. One of the hits was fatal.

The inquest jury came to its verdict on the basis that the officer had an "honest belief" that Mr Duggan was holding a gun and posed a threat.

London's High Court dismissed Mrs Duggan's application for judicial review. It rejected her claim that coroner Judge Keith Cutler misdirected the jury on the legal test to be applied when deciding whether the officer was justified in opening fire in the mistaken belief that Mr Duggan was armed.

The family argued that there should have been an open verdict.

Sir Brian Leveson, president of the Queen's Bench Division - who heard the case with Mr Justice Burnett and Judge Peter Thornton QC - said the court "recognised the tragedy" of the loss of Mr Duggan's life, but ruled that none of the grounds of challenge had been established.

But today Lord Justice Sales said it was arguable that the inquest jury should not have been directed to apply the "purely subjective" criminal law test of "honest belief" for self- defence and gave permission for the full appeal to go ahead.

Mrs Duggan said she remains "deeply distressed" about her son's death and the inquest verdict.

Mr Duggan's aunt, Carole, 53, from central Manchester, said the family felt "extremely let down and disappointed" and that it was being blamed for the "uprising" of the 2011 riots which followed the shooting.