Lawyers acting for Al Fayed
submitted a petition to the Court of Session in Edinburgh, Scotland,
an official said.
Lord Drummond Young, a judge at the court, granted permission for
the Egyptian-born tycoon to pursue the case, the British news agency
Press Association reported.
Al Fayed's spokesman, Chester Stern, said the petition called for
a judicial review of an earlier decision in Scotland not to hold a
public inquiry there.
In February, Al Fayed, who owns an estate in Scotland, had
written to the region's justice minister, Jim Wallace, calling for
an inquiry but was told that such a hearing was beyond Scottish
jurisdiction.
Al Fayed's son, Dodi, and Diana were killed in a car crash in
Paris on August 31, 1997. In the past, the owner of the Harrods
department store in London has suggested the deaths were a murder
conspiracy plotted by people who disapproved of Diana's relationship
with his son.
The senior Al Fayed also has alleged a cover-up in the
circumstances of the crash. The driver of the car, Henri Paul, who
died at the wheel, was found to have been drunk at the time.
There has never been an inquest into the deaths of Diana and Dodi
in Britain, although one was held in France.
Stern said Al Fayed believed the French inquiry was "inadequate"
and thought that Scottish courts would be fairer.
"All he wants to achieve is to have all the evidence and
circumstances thoroughly investigated and aired in open court,"
Stern said.
"He wants a forum whereby witnesses can be cross-examined and the
proper judicial processes observed."
Last year, France's highest court upheld the dismissal of
manslaughter charges against nine photographers and a press
motorcyclist in the car crash, ending court battles over who was
responsible for Diana's death.
A judge ruled that drugs and alcohol taken by Paul and excessive
speed, caused the deaths.