England's hopes of selecting Brad Shields for this summer's tour of South Africa could be decided by the courts after the New Zealand Rugby Union insisted they have have the legal authority to deny the 27-year-old flanker from playing.

As reported in today's Telegraph, Shields, the English-qualified forward playing in New Zealand for the Hurricanes, has been made eligible for selection by the RFU to face the Springboks, despite an agreement with Premiership Rugby precluding the selection of overseas-based players.

However, because Shields is joining Wasps next season, head coach Eddie Jones has been told by English rugby's governing body that he will be permitted to pick him, should he wish.

A precedent was set in this regard last year when Northampton utility back Piers Francis, then playing for the Blues, was selected for the tour to Argentina.

In the event that Shields, who qualifies for England through his parents, is selected then he would return to the Hurricanes after the South Africa tour to complete the Super Rugby season before linking up with Wasps.