Ramblers are taking their battle to clear a 140-year-old footpath across millionaire Nicholas Hoogstraten's Sussex estate to the High Court.

The right of way through land at Framfield, near Uckfield, is blocked by a barbed-wire fence, padlocked gate, refrigeration units and a barn.

Kate Ashbrook and the Ramblers' Association have prosecuted the registered landowner, Rarebargain Ltd, four times in the last two years.

In November last year, Rarebargain, which is not listed in the phone book, was fined more than £65,000 for failing to clear the footpath. The firm was not represented in court.

This followed a previous fine of £20,000. Neither has yet been paid.

The magistrates had no power to force the removal of the obstructions.

This duty falls to the local authority and Ms Ashbrook is seeking a judicial review over East Sussex County Council's failure to clear the right of way. This will be considered at the High Court in London on Monday.

Ms Ashbrook said it had a legal duty under the Highways Act 1980 to clear the route.

She said: "We shall ask the judge to rule that the council must remove the obstructions.

A spokeswoman for East Sussex County Council confirmed the council would be defending its actions at the High Court but would not be commenting until after the outcome.