Freshfields Bruckhaus Deringer is expected to be granted leave to appeal this afternoon (3 June) against the injunction brought against the firm yesterday by Marks & Spencer’s lawyers Slaughter and May.
A hearing has been scheduled at 2.00pm today where the firm’s application to appeal will be heard. It is then expected Freshfields’ appeal will then be heard straight away.
The firm, which is acting for Philip Green on his £9bn takeover bid for the retailer, was injuncted yesterday because of M&S’s concerns over a conflict of interest since Freshfields has acted for the company.
The injunction was then stayed as the firm sought leave to appeal.
Unusually only two instead of three judges will preside over the hearing due to the fact that the courts are currently in a one-week vacation period.
As of 10.30 this morning Freshfields stood down as Green’s law firm for the takeover and cannot have any contact with the billionaire businessman until the result of the appeal is known.