Superdry, the troubled fashion retailer, has become embroiled in a “dirty tricks” row hours before investors decide whether to reinstate co-founder Julian Dunkerton to its board.

Sky News has learnt that lawyers for Mr Dunkerton warned Superdry on Monday against making allegedly defamatory statements about him to the company’s shareholders.

Debevoise & Plimpton, the law firm, is understood to have issued the warning after Peter Bamford and Euan Sutherland, the retailer’s chairman and chief executive, cited Mr Dunkerton’s behaviour during his tenure in a last-ditch bid to persuade a shareholder to vote in the board’s favour.

Mr Dunkerton’s lawyers are also said to have accused the Superdry directors of disclosing confidential information about his conduct while at the company to investors.

A retail industry insider said the law firm’s involvement suggested that the proxy fight had descended into a “dirty tricks” campaign, with the entire board of Superdry having publicly threatened to resign if its founder wins Tuesday’s vote.

The precise contents of Debevoise’s letter were unclear, as was the identity of the investor to whom Mr Bamford and Mr Sutherland spoke on Monday.

In its circular to shareholders last month, Superdry accused its co-founder of having a management and leadership style that was inappropriate and “does not fit within the open-minded collaborative culture, values and operation of the company”.

A spokeswoman for Superdry declined to elaborate on the nature of any remarks made by board members during talks with investors but said it had set out its concerns about Mr Dunkerton’s leadership in the circular.

The escalating row between the two sides came as Tuesday’s vote appeared to be on a knife-edge, with big City investors including Investec Asset Management and Schroders expected to back Mr Dunkerton.

Between them, the two investors hold just over 10% of Superdry’s shares, giving them a significant voice in the outcome.

While Mr Dunkerton is not formally seeking to oust Mr Bamford or Mr Sutherland, the company’s circular outlined the expectation that its board would resign en masse if its founder was successful.

Earlier declarations of voting intentions – such as that of Aberdeen Standard Investments – have been in Superdry’s favour, while the influential proxy advisors ISS and Glass Lewis have recommended backing the company.

As part of his campaign, Mr Dunkerton has promised not to sell his 18% stake in the embattled fashion retailer for at least two years if he succeeds in a bid to return to its boardroom.

The fashion entrepreneur has accused the current crop of directors of presiding over the destruction of £1.2bn of shareholder value during the last year.

Alongside James Holder, who owns about 9% of the company and would return alongside Mr Dunkerton as a consultant, he co-founded Superdry in 2003 before floating it on the London Stock Exchange seven years later.

Known for its faux-Japanese hoodies and jackets,‎ Superdry had been a success story on the high street for more than a decade.

However, Mr Dunkerton stepped down in March 2018 amid a dispute about the company’s product design and international expansion strategy.

While the support of Investec and Superdry takes Mr Dunkerton only to around 38% of investors voting in his favour, the backing of such prominent City names might be interpreted as signalling a shift in momentum towards him.

Superdry has delivered a scathing verdict on Mr Dunkerton’s tenure, despite the fact that its shares have collapsed by roughly 75% since his departure.

The company has accused Mr Dunkerton of bearing “prime responsibility” for its failed autumn/winter 2018 range‎, which the co-founder denies.

Superdry recently disclosed plans to cut several hundred jobs in an effort to cut its cost-base.

A spokesman for Mr Dunkerton declined to comment.

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