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Last Updated: Wednesday, 18 January 2006, 16:01 GMT
Failure to serve Barrymore papers
Michael Barrymore
Michael Barrymore is taking part in Celebrity Big Brother
A former solicitor trying to bring a private prosecution against Michael Barrymore says he has been unable to deliver legal documents to the star.

Tony Bennett is taking legal action against Mr Barrymore in connection with the death of Stuart Lubbock in 2001.

The 31-year-old, from Harlow in Essex, died after being found unconscious in the star's swimming pool in Roydon.

A spokeswoman for Mr Barrymore, who is a Celebrity Big Brother contestant, said they were unable to comment.

Mr Bennett said: "I have written to the judge today to explain that I have done everything in my power to serve these documents (an application for a summons) but have not been able to do so.

"I have done my level best, that is all I can be asked to do."

Drug misuse claim

On Monday, a judge at Epping Magistrates granted Mr Bennett permission to bring legal action against Mr Barrymore.

The judge adjourned proceedings so the entertainer could be notified of the action.

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 Stuart Lubbock.

But the former solicitor 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.

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: "I am really sorry but at this time I am not in a position to comment until we have more clarity on the situation."

See legal papers being delivered to Big Brother house

New Barrymore pool death inquiry
14 Jan 03 |  UK News

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