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A judicial review is to be held into Sadiq Khan's plans to expand the Ultra Low Emission Zone (ULEZ) across London.
Five Conservative-led councils - Bexley, Bromley, Harrow, Hillingdon and Surrey - launched legal action over the expanded scheme which is due to begin at the end of August.
The High Court has granted for the case to proceed on two out of five grounds of their appeal.
The hearing is expected to take place in July.
The current scheme covers all parts of city between the North and South Circular roads, but London's mayor previously announced it would be expanded to cover the whole of the capital.
People who drive in the zone in a high polluting non-compliant vehicle will need to pay a daily charge of £12.50.
The five councils served the mayor of London with a pre-action protocol letter on 12 January, which stated there were five grounds for a judicial review.
The High Court has ruled there was sufficient evidence on two of the grounds for the case to proceed to trial.
These related to claims there was a failure to follow statutory procedures and a failure to consider the potential for inclusion of non-Londoners in the new £110m scrappage scheme.
Those eligible for help from the scrappage scheme can get up to £2,000 for scrapping a car or up to £1,000 for scrapping a motorcycle. For wheelchair-accessible vehicles there is a grant of up to £5,000.
Reacting to the High Court's decision, Nick Rogers AM, City Hall Conservatives transport spokesperson, said: "The High Court has now ruled there is sufficient evidence that Sadiq Khan's ULEZ decision may have been unlawful.
"The mayor clearly does not have the legal grounds to proceed with his ULEZ tax plans, which take money from charities, small businesses and low income Londoners who cannot afford a new car."
He called on the mayor to "do the right thing, immediately stop work on his ULEZ expansion, and explain his actions to the court".
The mayor of London has been approached for comment.
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