Thank you for your answer, The case is about encroachment which does not affect his right of way. We the defendants are not represented but he has a solicitor and a barrister which is making the costs very high. His costs were thrown out by the judge because he did not keep to precident H. He appealed this and won. The judge said we would have to pay the cost of this appeal. The appeal was brought about by his solicitors mistake and seems unfair that we should pay them.We are going to court in april. He wants to develop a piece of land at the top of the right of way and wants to be able to get heavy vehicles and machinery to the site. This is a dirt track with sewers and main services running underneath it.