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The firm had until 10.30am this morning (3 June) to lodge an appeal against an injunction blocking Freshfields from acting for Philip Green on his bid for M&S. While granted, the injunction was stayed yesterday as Freshfields battled to appeal the decision.
However the Court is currently in a one week vacation period, meaning that there are fewer judges around to consider whether Freshfields can appeal. It is hoped that a decision will be made today on whether the firm can fight yesterday's result.
If successful, three judges will then have to be found to hear Freshfields plea.
The developments are going on as Green finally confirmed his £9bn bid for the retailer this morning.
Among his conditions Green is seeking approval from M&S's board as well as details of George Davies' contract, the Asda fashion guru now in charge of M&S's Per Una range.
The contract, which Freshfields was involved with, was one of the main reasons why M&S sought the injunction.