THE future of pounds and ounces is due to be decided in a landmark legal battle fought out in a North-East courtroom.

The first steps in the case, which will have massive implications for Britain's traders, were made yesterday.

The test case, which will attract attention from across Europe, will take place in Sunderland County Court.

Market trader Steven Thoburn, 36, found himself at the centre of the debate when his imperial scales were seized by police and trading standards from his stall at Southwick Market.

He had failed to comply with a notice issued by Sunderland City Council to convert to Euro-approved metric measures.

His case was taken up by the UK Independence Party, which demanded the return of the scales.

It set a deadline, which expired yesterday, for the return of the scales and payment of compensation for the £1,304 Mr Thoburn had to pay for three new metric sets.

Now the Metric Martyrs campaign is lodging a claim before Sunderland County Court on the basis that the scales were seized without lawful authority.

At the centre of the case is the campaigners' belief that the regulations used by trading standards departments are invalid.

Section one of the Weights and Measures Act 1985 states a person can use either metric or imperial measures. It only stipulates that no other system can legally be used and the imperial measures lobby insists the regulation cannot be overturned by an Act of Parliament.

If it wins the case, it will leave the way open for all traders forced to change to metric measures to revert back to pounds and ounces, and claim compensation for the cost of changing equipment.

Tony Bennett, of the UK Independence Party, said: "The council has failed to respond to our deadline, and we are starting court proceedings against them.

"This is not about one trader taking on his local council, the implications are huge. The eyes of Europe will be on Sunderland while this case is in progress because it will decide the future of our traditional weights and measures."

Mr Thoburn said yesterday: "I realise that the eyes of Europe will be on us, but someone has to take a stand."

A spokesman for Sunderland City Council said: "We are saying nothing more until we have completed our review. They may have set a deadline, but that is for them to decide."