every thing else feels fine shutters on take off if on a bit of a hill and will pop out if i dont hold it in all other gears feel fine under load

Check the front gearbox mount as if it's brocken the box will move back and up under take off which pulls it out of first

^^ yep, or the clutch shudder is causing the trans to move enough to also pull it out of gear, it could be worn or loose trans mount OR most commonly the clutch bowden tube without enough pre-bend. If your actually driving in first gear with the clutch all the way out, does it still jump out of gear if you go on and off the throttle?

on flat level ground its fine can can take off normal and power on no problem up my drive way its under load and pops out

OZ Towdster i'll check that out

thanks