According to reports Slaughter and May yesterday sought a High Court injunction to block Freshfields advising its new client Green, arguing that the firm was conflicted since it had acted for M&S in the past, giving it access to confidential information.
According to sources, at this point the injunction has not been granted. An outcome is expected later on today.
It is understood that Freshfields has acted for the retailer in past in a litigation against a former supplier William Baird.
The Times reports that Freshfields also advised on a contract drawn up with George Davies, who spearheaded Asda’s clothing range, who left to join M&S.
M&S, Freshfields and Slaughter and May declined to comment.