Ramblers took a council to the High Court in a battle to reopen a path running past millionaire Nicholas Hoogstraten's unfinished palace.

East Sussex County Council is accused of failing to carry out its duty by ensuring the right of way through land at Framfield, near Uckfield, is kept clear.

The Ramblers' Association has already successfully brought act-ion against landowner Rarebargain Ltd, which until February 1999 listed Van Hoogstraten as its sole director. Court fines of more than £86,000 have never been paid.

David Wolfe, for Kate Ashbrook who chairs the association's access committee, said the council had failed in its legal duty to protect the public right to use the footpath.

It had been blocked since about 1989 by a barn and more recently a gate, barbed wire fence and industrial refrigerators.

The court heard how in July 2000 Rarebargain applied to have the footpath diverted and the council forwarded the bid to the Department of the Environment.

The dispute hinges on whether that action was lawful.

Robin Green, for the council, said its approach was consistent with other cases.

Mr Justice Grigson reserved judgment until the summer.