VILLAGERS near Winchester are considering an appeal to the highest court in Britain after losing their compensation battle for noise pollution from Southampton International Airport.

The legal action has already cost about £100,000 and looks set to go even higher if the seven villagers continue the fight for compensation.

Yesterday at the High Court in London three judges ruled two to one that the claimants are not entitled to any compensation and rejected their appeal from an earlier Lands Tribunal. The decision was made even though the number of passengers jets passing less than 1,000ft above their homes has rocketed in recent years.

Under the law the villagers lost because overall the number of planes using the airport has deceased as its managers have reduced flights by small aircraft.

Action group spokesman Richard Parker, of Twyford Road, said he was disappointed and added: "We are studying the judgement against us in its entirety with a view to an appeal to the House of Lords."

Another claimant, John Harding, of Bourne Lane, said the planes had a big effect on the quality of life. "We have many more planes coming over and it is extremely intrusive," he added.

The other claimants were unavailable for comment. They are Viscount Chilston; Pierce Brunt, of Church Lane; Tim Smith; David Owen, of Roman Road and Dr Dick Rainsbury, of Finches Lane.

The campaigners said they were heartened by the support of Lord Justice Ward who in a hard-hitting dissenting judgement said Southampton Airport's stance was "a sheer affront to the purpose of the legislation".

Chris Corcoran, chairman of Twyford parish council, was among 20 people who took the case to the Lands Tribunal but did not join the appeal to the High Court.

Originally some 80 households expressed an interest in the case after the parish council paid about £600 on opinion of counsel.

Mr Corcoran said: "Personally I'm appalled that we are not entitled to compensation."

City councillor Murray Macmillan, who sits on the Southampton Airport Consultative Committee, said: "It is extraordinary the legislation seems to be based on number of planes and not on increase in decibels."

David Cumming, managing director, BAA Southampton Airport said: "We have always been confident that we have operated fully within the law, and this has been proved yet again."