British TV star Michael Barrymore will be served legal papers from the family of a man who died at his home five years ago (01), as soon as he leaves British reality show Celebrity Big Brother.

STUART LUBBOCK, 31, drowned in the swimming pool at Barrymore's Essex, England, mansion during a March 2001 party. He suffered severe injuries that lead police and his family to believe he had been sexually assaulted.

Barrymore has never answered questions about the incident and fled to New Zealand shortly after, where he now lives with his gay partner.

Lubbock's family have long fought for justice for their son and see Barrymore's appearance on Big Brother - his first TV appearance in Britain in five years - as their chance.

A judge has granted solicitor Anthony Bennett, acting on behalf of the Lubbock family, permission to bring a private prosecution against the 53-year-old.

Barrymore will be charged with being drunk and disorderly, possession of a class B drug, supply of a class B drug, possession of a class A drug, supply of a class A drug and assaulting Lubbock.

Bennett has handed details of the prosecution to producers who will pass them on to Barrymore - who is expected to return to New Zealand as soon as he leaves the Big Brother house.