A New Forest couple, threatened with jail over a footpath dispute, have won a reprieve in their long-running legal battle.

Keith and Ann Gillingham have been granted leave to appeal against a ruling by Southampton County Court that they remove a five-foot gate and concete post outside their home in Badminston Drove, near Fawley.

The Civil Appeal Court in London granted the Gillinghams permission to appeal against the county court decision by Judge Norman Rudd that "obstruction of the footpath by the gate or barrier is unlawful."

The appeal court also called a halt to Hampshire County Council's attempts to have the Gillinghams jailed for alleged contempt of the county court order.

Today Mrs Gillingham expressed her relief at the news. "To have this hanging over our head has been quite traumatic. Permission to appeal has given us renewed hope. These judges do not grant frivilous appeals so they must think we have a good case."

Mrs Gillingham, 55, represented herself and husband Keith, 59, at the two-hour hearing.

She called on the county council to now review its position and to "stop wasting any more taxpayers' money."

The Gillinghams say they are determined to fight on until they win the case. "We will carry on as long as it takes. You cannot put a price on justice," said Mrs Gillingham.

Appeal court judge Sir Christopher Staughton said: "Many years ago Mr and Mrs Gillingham bought two pieces of land on the Cadland Estate which is owned by Mr Maldwin Drummond.

"It seems to be a proper case to give permission to appeal.

Sir Christopher raised the question of undisclosed links between Judge Rudd and Mr Drummond, 68, the Official Verderer of the New Forest, of Cadland House, Fawley.

"It so happens that Judge Rudd does have a connection with Mr Drummond. He has met him from time to time, on ten occasions, as judges and JPs do. It does seem arguable that that may have been disclosed. If it had been, it may have been grounds for him (Judge Rudd) to be disqualified."

Ironically, Appeal Court judge Lord Justice Chadwick earlier had to withdraw from hearing the case because he knows Mr Drummond.

Sir Christopher also revealed that he had been at school with Mr Drummond for a year in the 1940s, but the Gillinghams did not object to him hearing the case.

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