In June 2004, the Court of Appeal upheld an injunction awarded to Marks & Spencer (M&S) Group, preventing Freshfields Bruckhaus Deringer from acting for Philip Green in his takeover bid, because the firm had previously been involved in drafting contracts for a product range accounting for 10% of M&S sales.

Two years later, by ponderous process, two Freshfields partners are still awaiting a hearing by the Solicitors Disciplinary Tribunal as to whether they should be disciplined personally, with consequent impact on their personal plans and reputations – and maybe also their pockets – if the tribunal decides to award compensation.

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