Premier Rugby, the body representing the clubs, has asked a court to rule on whether the Rugby Football Union (RFU) can insist on players being available.

The clubs say the match breaks a deal about the number of games in a season.

"This cannot be in the best interests of the game," claimed RFU chairman Martyn Thomas.

England are already playing Argentina and South Africa (twice) in the autumn, while the 5 November match against New Zealand is to celebrate the opening of Twickenham's new �100m South Stand.

"Prior to the issue of these proceedings, the RFU had proposed that this matter would be best resolved by mediation," added Thomas.

"We deeply regret the decision to refute this course of action in favour of court proceedings, the intention of which is to frustrate the celebration event to mark the completed bowl and prevent the RFU raising between �3m and �5m to partly fund this exciting development."

The RFU recognise they need to find agreement, yet announced the game without an agreement being in place Premier Rugby

The clubs are furious that the match has been arranged on a date which is currently designated for a full programme of Premiership matches.

"The RFU recognise they need to find agreement, yet announced the game without an agreement being in place," Premier Rugby said in a further statement on Wednesday.

"Our issue is that we have a contract that in our view only permits eight release periods in season for England squad players, for the protection of both clubs and players.

"Premier Rugby has called on the RFU to enter into meaningful and good faith negotiations on this and other issues... so that we can avoid future conflict and set out a long-term structure for the elite game."

RFU chief Francis Baron insists there is no danger of the game being cancelled or of England fielding an under-strength team, claiming the match does fall within the 2001 Long Form Agreement about player release.

The RFU has offered a �1m compensation package to the clubs - a figure Premier Rugby disputes - plus additional compensation to those clubs affected by the game being staged on a Sunday.