Merseytravel has called for an early judgment overturning Secretary of State Alistair Darling's decision of November, when funding was withdrawn, and an early date for this to be re-taken on a basis allowing the project to proceed.
Alternatively, if this is not possible, Merseytravel is seeking damages compensating for the costs invested in the Line 1 scheme to date.
The court agreed on December 21 to expedite Merseytravel's application so that the project can be kept alive, and so that it can do its best to take advantage of the opportunities to integrate with various other major construction projects within the city centre.
A High Court judge has confirmed this "important case" will be heard from January 30.
Mr Scales says Merseytravel regrets having to take legal action, adding: "But we strongly believe that we have been treated very unfairly and that what the Government has done is just not right or lawful.
"So we will fight this flawed decision in the interests of the people of Merseyside, so that we have a chance of saving this important project."