TWO musicians are suing a band after they were kicked out in a row over who plays trombone.

Alan and Yvonne Benn claim Northallerton Silver Band broke its constitution by expelling them.

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

The couple from Burneston, near Bedale, complained and were then expelled after - according to band officials - going on strike.

The couple, who said they did not strike, appealed but this was turned down. Talks involving professional mediators also broke down.

Mr and Mrs Benn have now applied to the Charity Commission for permission to sue the band, which is a registered charity, in the small claims court.

If this fails, they plan to go to the High Court in London.

Mr Benn, 76, said: "If we're not successful, it's virtually giving a green light to charities to kick their members out when they feel fit."

Mrs Benn, 56, said: "We did nothing wrong.

"All we did was mildly disagree with a committee decision."

Band officials say Mr Benn was replaced because he was going on holiday and would be unable to attend practices.

Chairman David Prest said: "The whole banding world knows of what's gone on.

"We've done everything by the book. We're a registered charity run by a democratically-elected committee within the parameters of the constitution given by the Charity Commission.

"The musical director has full jurisdiction over who plays which instruments and parts."

Mr Prest said the band has spent £5,000 on legal fees.