A court case which could prevent a dying woman from feeding pigeons was delayed today.

Brighton and Hove City Council wants to make an injunction against Sidney Waite, 60, of Swanborough Place, Whitehawk, to stop him from feeding pigeons around his home and encouraging his sick wife Margaret to do so.

However, the hearing at the County Court, Brighton, was adjourned today to allow Mr Waite to get legal representation and for more evidence to be gathered.

Two years ago Mrs Waite, 56, was given less than five years to live after being diagnosed with the lung condition emphysema and has since found pleasure in feeding the pigeons.

However, the council has received complaints from neighbours who say the pigeons make a mess which is affecting their health.

The injunction is being taken within possession proceedings on his flat, which is owned by the council.

Mrs Waite was not in court today but her son, Terry, accompanied his father.

Angharad Hughes representing the council, told the court the council had spent a significant amount of money trying to clean the mess and had killed some of the birds.

Mr Waite said there were also seagulls in the area and he said he had asked for medical evidence the pigeons cause health problems.

The case will be heard on April 7.

District Judge Robinson told Mr Waite: "Everyone I am sure is sorry to hear about your wife's state of health but, on the other hand other, people have rights as well."

A council spokesperson said following the hearing: "The council has tried very hard to resolve this situation without the need for court action but Mr and Mrs Waite have refused to stop feeding the pigeons.

"The injunction is being taken within possession proceedings against Mr Waite, who is the tenant. Mrs Waite is not a party to the proceedings but is a member of the household."