Ben Stokes allowed to resume cricket career as ECB feared being sued for restraint of trade

Ben Stokes has been allowed to resume his international career partly because the England & Wales Cricket Board feared being sued for restraint of trade if he remained on suspension indefinitely.

Stokes was cleared to play for England again on Wednesday and is expected to join the team in New Zealand next month for the second half of a Twenty20 tri-series which includes Australia. England then play a five-match one-day international series and a two-Test series in New Zealand. Stokes’ first game is expected to be against New Zealand in Wellington on February 13.

“Representing my country is one of the greatest things that I’ve ever been lucky enough to do, walking out on to the field with the England shirt on is a privilege and a honour,” said Stokes on Twitter. “I’m extremely delighted to be given this opportunity to do this again. Can’t wait to get back out on a pitch with the 3 Lions on my chest and feeling that pride that we all get and giving everything for the team.”

The ECB’s executive board made its decision over the course of several teleconference calls as chairman Colin Graves is on holiday in New Zealand. There was disagreement among the 14 members over the way forward. But, once they heard legal advice, the senior executive of Graves, Tom Harrison and Andrew Strauss were unanimous that Stokes should be made available for selection.

There was also pressure from the England team management. He retains the strong support of coach Trevor Bayliss, Test captain Joe Root and is a popular member of the team.

The ECB will be accused of double standards for suspending him when he was not charged and then clearing him to play once the Crown Prosecution Service had decided he should stand trial for affray.

Stokes was originally arrested on suspicion of causing actual bodily harm. But when the CPS charged him with the lesser offence of affray this week, the board’s stance towards him softened. When he said in a statement on Tuesday that he intended to fight to “clear my name”, it signalled he would plead not guilty and opt for trial at Crown Court, which would further slow up the legal process. The ECB lawyers warned it could take up to 18 months for the trial to reach Crown Court and suspending him for that long might lead to legal action for restraint of trade by Stokes.

It would be costly financially to fight the case and the negative publicity it would attract, as well as the strain it would put on the relationship between the ECB and Stokes, were all concerns for the board.

There was also a sense that it would be too harsh to suspend him for potentially 18 months, especially as innocence must be presumed.

For Stokes, the decision is a massive boost and as he said on Wednesday night, he is desperate to make up for lost time. Bayliss is under pressure after losing to Australia 4-0 and knows that his team badly need Stokes back. Not only does he balance the team as an all-rounder, his mere presence lifts the mood. Root needs Test wins as captain and having Stokes in New Zealand would boost their chances against a side who have a seam-bowling attack who command respect in their own conditions.

New Zealand also offers a low-key return for Stokes, who should learn over the next few days the date of his first court appearance. It could delay his a­rrival in New Zealand but his legal team are in the process of establishing whether he would need to ­attend any preliminary hearings. England also believe he needs match practice to be ready for an international return which is partly why he has not been sent out to Australia.

Bayliss said: “We're happy he has been made available. We know why he wasn't made available and we fully understand it. From my point of view, it was about being out when they were. Then with the incident and the footage, it was only right that those decisions were made. It is a complex situation. I wasn't a part of the decision making. From the board's point of view they've had long and detailed discussions about it and it is not an easy situation. Who knows how long this legal process will take. It could be six months or 12 months and that would certainly be over the top I think.”

The ECB decision will have enormous financial implications for Stokes. It is a sign of support from the governing body just as he enters the Indian Premier League auction on Saturday week. Stokes will be the big draw and can expect a massive deal. But IPL sources have been quoted over the past few days that his uncertain legal position might put off potential buyers.

The IPL franchises will now feel more assured about his immediate future and he could be the first player to smash through the £2 million barrier at the auction in Bangalore. He had a brilliant first IPL season last year and all-rounders are the most prized assets.

The ECB said in a statement: “Following a full board discussion, in which all considerations were taken into account, it has agreed that Ben Stokes should now be considered for England selection. Given the CPS decision to charge him and two others with affray, confirmation of his intention to contest the charge and the potential length of time to trial, the board agreed that it would not be fair, reasonable or proportionate for Ben Stokes to remain unavailable for a further indeterminate period.”

Stokes still faces action from a Cricket Disciplinary Commission but this will not sit until the conclusion of his criminal case. The CDC will decide whether he brought the game into disrepute for being arrested on England duty.