BRITAIN'S top judges are to be called in to end a long-running row over grazing rights in the New Forest.

Hampshire magistrates and the Forest's ancient guardians, the Verderers, have washed their hands of the dispute, each claiming it is the other's responsibility.

Now the Official Verderer Oliver Crosthwaite-Eyre is to refer the matter to the High Court for a definitive ruling after taking legal advice. Several commoners, who own ponies mainly in the northern part of the Forest, appeared before magistrates in the past few months after being prosecuted by the Verderers, who supervise the grazing rights on the Crown Lands.

But district judge Gillian Babbington Brown, sitting at Southampton Magistrates' Court, ruled that she did not have the jurisdiction to deal with the cases.

She added that the Verderers should settle the matters themselves at the ancient Court of Swainmote, which is the correct place for enforcing Forest laws, although it has not sat for several years.

But at a meeting of the Verderers' Court in Lyndhurst, Mr Crosthwaite-Eyre was clearly not convinced that Swainmote was the answer.

Recalling that the prosecutions of a number of pony-owning commoners were started in October, he said: "Prior to the commencement of any of the prosecutions, very clear advice was obtained from Queen's Counsel that the most appropriate court for prosecuting any breach of the Verderers' byelaws is a magistrates' court.

"The Verderers have decided that, in order to discharge their public duties under the New Forest Acts, they will act on the advice of their lawyers and refer the matter to the High Court for a definitive ruling."

Meanwhile, the prosecutions have been held in suspension by Southampton magistrates and two commoners - Thomas and James Penny from Biddlecombe Farm at Cadnam - who previously pleaded guilty to failing to pay will have their convictions set aside and their fines and costs refunded.