A COSTLY three-year legal battle involving two trombonists and the brass band which expelled them is at an end.

Husband and wife Alan and Yvonne Benn made national headlines after announcing that they planned to sue Northallerton Silver Band - claiming that it had broken its constitution by banishing them

The chairman of the North Yorkshire band, David Prest, said that the matter had now been settled before the matter was due to be heard at Leeds Crown Court - leaving the band with £11,000 legal costs.

The row began in 2003 when Mr Benn was replaced as first trombone for a concert at the Forum, in Northallerton, by a musician who was not a band member.

The Benns, from Burneston, near Bedale, complained and were said to have handed in their uniforms in protest.

They were both expelled after - according to band officials - deciding to go on strike.

The couple, who claimed they were unfairly dismissed, insisted they did not go on strike.

Mr Prest said that had the matter not been settled out of court, the legal fees could have spiraled to more than £26,000.

He said: "It has cost us more than £11,000, but we have got what we were defending.

"The Benns wanted to be reinstated and wanted £5,000 in compensation and costs. They have failed in what they were trying to achieve.

"We brokered a deal where their expulsion from the band still stands.

"We don't pay them what they are asking for but we foot the bill for our legal fees.

"It is quite a bitter pill to swallow really."

Mr Benn, 76, said: "It has been settled out of court and if they are happy, we are happy.

"It has been dragging on now for three years and it is time it ended."

His wife, 56, previously said that the row centred around a personal disagreement.

She said: "It is ridiculous that it has had to go so far."

Last night, she said: "We just came to an agreement mutually and it is finished and we are hoping to put it all behind us."

Mr Prest said that the decision to settle out of court was taken in the best interests of the band, which is a registered charity.

However, he said that instead of staging concerts to raise money for local charities, the band had instead been raising cash to meet its legal costs.

* Northallerton Silver Band's next concert will be held at the town's Hambleton Forum, at 7.30pm, on Friday.