A legal technicality has allowed England's Dave Attwood to escape punishment over two stomping charges at ME Bank Stadium - one of which left rival lock Mitch Chapman with 17 stitches.

Attwood is free to play on in England's four-match Australian trip after not having to answer the two charges of rucking Chapman and halfback Josh Valentine in the 28-all draw with the Australian Barbarians on Tuesday night.

With the aid of a London legal eagle on a phone hook-up, England managed to have the charges dismissed due to the Australian nationality of citing commissioner Scott Nowland.

Under International Rugby Board regulations, Test matches require an independent authority to control citings but there's flexibility for non-cap internationals.

England's lawyer is understood to have argued there was nothing in the current tour agreement which would allow an Australian to be appointed as the citing commissioner.

"England team management successfully argued the hearing of two alleged stamping incidents involving Attwood could not proceed because the citing commissioner, as an Australian, was not an independent authority," said an Australian Rugby Union statement.

A South African official is set to handle the role in the upcoming two Wallabies-England Test matches, as well as next Tuesday night's Barbarians clash in Gosford.

Attwood, 23, attended the hearing for allegedly stomping on Valentine in the 34th minute and Chapman in the 50th minute.

Barbarians captain Stephen Hoiles appealed for the touch judge to take action just before Chapman left the field for the blood bin.

While the Brumbies lock was sporting 17 stitches on Wednesday, Wallabies assistant coach Jim Williams said extra rucking was all a part of an intense battle against England.

"He's fine," Williams said. "It's a physical battle and that was only one of a couple of bruises he got, that's the nature of the business.

"The nature of the game and how the game is played in the north in respect to rucking there's a lot more rucking."

While Attwood is free to continue, England have flanker Hendre Fourie on the sidelines with a calf injury which he carried into the three-tries-all tour opener.

Northampton backrower Phil Dowson has been called from the England Saxons tour of Russia into Martin Johnson's squad.

Johnson was moderately pleased with his midweek side's opening display but is hoping for better continuity in the Test on Saturday night at Subiaco Oval.

"I think both camps agree it's a four-round fight and we're level after the first round," he said.

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