thanks for your reply,
it does not seem to be the case as if i make the panel 5px smaller it still does the same thing, if you keep adding and scrolling to the bottom using the code i posted above it seems to go to the second one up every time, you dont actually notice it as it lines up the one above perfectly untill you try and scroll up and then see one more.
its 2:30am so ill have to try and cut out and making a working sample tomorrow.