There are numerous examples of sporting greats whose exuberance has pushed sporting authorities to the limit, with England Cricket Captain Ben Stokes being the latest in a long line.
England play New Zealand this week in the second test of the summer without their talismanic captain, as well as his ‘partner in crime’ Gus Atkinson. Their exclusion is the result of a curfew breach following victory in the first test, with the pair staying out too late. They probably would have got away with it had they not had a run in with some Saracens rugby players, which ended if fisticuffs. From first-hand accounts, it seems clear that the Saracens were the aggressors, as they baited the cricketers regarding an alleged dalliance that a Saracen had with an England cricketer’s partner.
Regardless of the circumstances, the English cricketing authorities have come down hard on Stokes, not least because of repeated behaviour. Stokes’ career nearly came to an end in 2017 when he was involved in a similar incident outside a nightclub in Bristol, which resulted in him being charged with affray. The England cricket team also got into trouble during last year’s Ashes, with another brilliant maverick Harry Brook being punched by a nightclub bouncer in Wellington. That incident led to the current curfew being imposed, which Stokes and Atkinson broke.
This latest incident may not be fully resolved for a while. Three separate investigations into the circumstances have been launched, one by Saracens, one by the England Cricket Board and a referral to the Cricket Regulator. While the Captain of a national team should be held to account for their behaviour, the response to this incident does feel like overkill. The question is, will sporting authorities ever be able to fully control ultra talented young men (and women), working in a high-pressure environment, when they need to let off steam?
There are so many examples of sporting geniuses who, for whatever reason, fell foul of the authorities when they needed to escape the confines of top-class sport. The enduring bad boy is George Best, who struggled with alcoholism for years before his untimely death aged 59. Interviewed recently about his new book, Paul Gascoigne is a shadow of his former self and publicly stated that he expects to battle his addiction for the rest of his life. Ian Botham was involved in numerous incidents during his career, including cocaine and sex scandals, and a charge of assault, while Freddie Flintoff was involved in the infamous pedalo controversy.
One of the most interesting aspects of the current Stokes fracas is the involvement of current England rugby captain, Maro Itoje. Stokes was with Saracens player Itoje that evening, allegedly drinking large rum and cokes as the two international captains let their hair down. However, the fact that Itoje was out drinking after a match has not even raised eyebrows with the multitude of commentators in the media. As the investigations go through the process more details of Itoje’s involvement may come to light, but the apparent double standards between sports is interesting, with rugby’s historic ‘drinking culture’ seemingly much more acceptable than cricket’s.
The endless references to the spirit of cricket, and it being the ultimate gentleman’s game coming from its upper-class origins, do look as though they have infiltrated into the high moral standards that are imposed on cricketers. The question ‘what would a member of the MCC think of that behaviour’ provokes a very different answer to the same question asked of a rugby supporter at Twickenham, and illustrates the way that different cultures and levels of acceptability have developed in different sports. The enduring lad drinking culture in rugby certainly does seem to let players in that sport get away with much more than their cricketing and footballing counterparts.
In the wake of the Stokes controversy, the Director of England Cricket, Rob Key, has stated that he is considering imposing a full alcohol ban on the England team. By raising the bar even higher it will surely just result in more occasions of players falling foul of the strict rules, meaning more issues for Key and his fellow administrators to manage in the future.
For sports fans, maybe it’s time for everyone to accept that young sportspeople do need to unwind, and that those special geniuses feel the need even more than others. As a country, giving our sporting talent a little bit of slack to enjoy their downtime in between producing brilliance in matches could well pay dividends in results.
David Little is a Partner at Bishop & Sewell in our expert Sports Law and Corporate & Commercial
If you would like to contact him, please call on either 07968 027343 or 020 7631 4141 or email: company@
The above is accurate as at 18 June 2026.
The information above may be subject to change. The content of this note should not be considered legal advice, and each matter should be considered on a case-by-case basis.
