DEVELOPERS are threatening to sue two Clayton Fields campaigners, who are both suffering from cancer.

Bill Magee, 70, and Mike Hardy, 69, face paying tens of thousands of pounds in legal costs to developer Paddico (267 Ltd) despite bowing out of the legal fight due to cancer and mounting costs.

Both have now received legal notices warning them they could face legal action to recover costs if the action group loses its fight to stop the building and Paddico wins.

But they have the backing of Huddersfield MP Barry Sheerman, who has vowed to fight the issue through the courts and in Parliament.

The pair were nominated as Clayton Fields Action Group chairman and secretary respectively, by the local community more than a decade ago, to safeguard the fields, in Birkby, from development.

But after a High Court judge ruled in favour of developer Paddico 267 Ltd – allowing the site for housing – they both agreed they would not appeal.

Mr Magee, of Deveron Grove, said: “We agreed we couldn’t go to the Court of Appeal because of the cost and because of our health. We both have terminal cancer.

“Local resident Jonathon Adamson is taking the case to the Court of Appeal.

“But we are being sued for costs if his appeal is unsuccessful.

“It’s giving myself and Mike and our families tremendous stress in our time of life and in our conditions.

“This threat is very real and we are scared by it. We are not talking a few pennies. We are talking six figure sums.”

Mr Hardy, of Queen’s Road, added: “They think we are going to get Jonathon to withdraw his appeal.

“They have tried to remove his legal aid a few times and they can’t.

“To sue Bill and me for costs is totally immoral. They know about our ill health. It is pure greed.”

Both campaigners have fought tirelessly for the fields to be community space and are worried about how the legal costs could affect their families in the long term.

The Clayton Fields Action Group has been supported by hundreds of residents who have enjoyed the fields for community events and as a village beauty spot for generations.

Huddersfield MP Barry Sheerman, an avid campaigner against the development, condemned Paddico’s decision to seek costs from the pair if the appeal is lost.

He said: “This is not on.

“These two men are the finest examples of community spirit in Huddersfield and it is vital the whole town gets behind them.

“I am quite prepared to take on the developers in the courts and in Parliament. We are organising meetings and recruiting support.”

The field’s future will now be determined by a Court of Appeal judge on February 4.

Lawyers for Paddico (267) Ltd have served notices on both men.

The letter says: “This letter is to place the second and third defendants to the original proceedings firmly on notice that our client will be seeking costs against each of those parties in the event the appeal is dismissed.”

A Paddico 267 Ltd spokesman told the Examiner: “We said we would not seek costs at the High Court and we have stood by that.

“An appeal is now being brought, using public funding, which has cost implications.

“As such we reserve the right to reclaim costs against whoever is accountable and this includes the action group.”

The spokesman refused to accept that Mr Magee and Mr Hardy were not involved in the appeal, claiming they were ‘pulling the strings’ for Mr Adamson because he qualifies for legal aid.