A family's battle for justice for a sightless youngster is due to be heard in the new year.

Andrew Bourne was born without eyes - and now a groundbreaking case for compensation for him is finally to be held in America in the new year.

Andrew, who will be 15 in the New Year, was born without eyes - a rare condition known as Anopthalmia. But it was not until he was five they discovered the condition might have been brought about by exposure to a chemical spray Benlate, which his mother Maggie had used when she was pregnant with Andrew.

In the United States, families have already taken legal action against maker DuPont for a similar condition. Since then, Maggie and husband Chris have struggled to take the chemical company to court.

Now, after years of waiting, Maggie and Chris, of Skyrmans Fee, Frinton, have been given a firm date for the test case on January 14.

"All systems are go. There is no stopping it now," said Mr Bourne, a Brentwood firefighter.

The case will be be heard before a judge in Charleston, West Virginia, and is expected to take over a month. It has already cost several million pounds on a "no win, no fee" basis and will involve a host of medical specialists.

They will be the first English parents to take up the fight in America and the case is being closely watched by other hopefuls.

Published Friday December 28, 2001