Solicitor 'unable to serve legal action documents on Barrymore'

The solicitor trying to take legal action against Celebrity Big Brother contestant Michael Barrymore said today that he had been unable to deliver legal documents to the star.

The family of meat factory worker Stuart Lubbock, of Harlow, Essex, is attempting to bring a private prosecution against Mr Barrymore.

The 31-year-old was found dead in the entertainer’s swimming pool at his luxury home in Roydon, near Harlow, in March 2001.

Tony Bennett, a solicitor acting on behalf of the Lubbock family, said that as yet he had been unable to deliver the application for a summons and supporting documents to Mr Barrymore or a representative for him.

He has now written to Epping Magistrates’ Court in Epping, Essex, to explain the situation.

“I have written to the judge today to explain that I have done everything in my power to serve these documents but have not been able to do so,” said Mr Bennett. “I have done my level best, that is all I can be asked to do.”

Mr Bennett appeared before a district judge at the court on Monday in an attempt to bring legal action against Mr Barrymore.

The judge adjourned proceedings so that Mr Barrymore could be notified of what the family was trying to do.

Mr Bennett said the Lubbock family had served an application alleging six offences, four related to the misuse of drugs, one alleging drunk and disorderly behaviour, and one alleging assault on Stewart Lubbock.

On Monday Mr Bennett failed in an attempt to get Big Brother producers to pass the legal documents to Mr Barrymore, who is based at a studio in Elstree, Hertfordshire, with the other contestants.

The hearing is expected to resume in the next few days, although a date has not yet been fixed.

A spokeswoman for Mr Barrymore said today: “I am really sorry but at this time I am not in a position to comment until we have more clarity on the situation.”