By Jeff Labrecque
October 14, 2010 at 04:56 PM EDT

A British lawsuit claiming that Harry Potter author J.K. Rowling copied a 1987 book will be allowed to proceed, according to the AP. The estate of the late author Adrian Jacobs believes that Rowling plagiarized elements of Jacobs’ The Adventures of Willy the Wizard — No. 1 Livid Land. Rowling asked the court to dismiss the charge, calling the claims unfounded and absurd. However, Justice David Kitchin ruled that the plaintiff’s had the right to move forward, though he described their chances of success as “improbable.”