Julian Webster, 24, died after an incident on Deansgate
Locks in April 2009
Relatives of a man who died after being restrained by door staff outside a bar have won the right to launch a legal challenge.
Julian Webster, 24, from Birmingham, died outside the Pitcher and Piano in Manchester city centre in April 2009.
Although an inquest found the restraint was a contributory factor in his death, no-one has been prosecuted.
His family has been granted a High Court hearing to appeal against the decision.
Maxie Hayles, from the Julian Webster Justice Campaign, said Mr Webster was held by door staff after trying to go back into the bar to find his missing mobile phone.
'Not at peace'
He said: "The inquest had a damning narrative verdict, which showed that Julian was held illegally, and that's partly why the Crown Prosecution Service should have reviewed the situation.
"They have forced the family to find their own money to apply for a judicial review to get it to this stage."
Two post-mortem examinations into Mr Webster's death proved inconclusive although it was discovered he had an undiagnosed heart condition.
Two men were arrested at the time but the CPS in Manchester concluded it was not in the public interest to prosecute.
A CPS spokesperson said: "The High Court has granted permission to the family of Julian Webster to seek judicial review of the decision not to prosecute any person in relation to his tragic death.
"As this matter will be considered by the court, it would not be appropriate to comment further at this time."
Julian's mother, Sonia Webster, said: "It's very hard to accept. I know he's not here, but it's like yesterday. I'm still expecting him to come through the door and say 'mum, I'm home'.
"I still find it difficult, even though it's four years on. He's still waiting to be put to rest, but he's not yet at peace."
A date for the hearing has not yet been set.