Birth control organisations yesterday expressed their "surprise and disappointment" after an anti-abortion group was given permission to proceed with a high court action to halt counter sales of emergency contraception to women over 16.

Women have been able to buy the Levonelle-2 "morning after" pill from pharmacists without a prescription since January. But the Society for the Protection of Unborn Children claimed the change was unlawful because it permitted a criminal offence - the administration or supply of poisons or instruments with the intent to procure miscarriage - under a law dating back to 1861.

Granting permission for a full hearing, which will take place by July, Mr Justice Scott Baker said there was "an arguable case on what is fundamentally a very important question".

He added that it would be better to deal with it in the civil courts than via private prosecutions of pharmacists for supplying the pill.

A spokeswoman for the Department of Health confirmed that the government would contest the high court application.