DCC PLC
14 January 2008
Clarification of the definition of 'profit'
in the legal action between Fyffes and DCC
DCC plc announces that, following a case management hearing before Judge
MacMenamin in the Irish High Court this morning in relation to the legal action
taken by Fyffes plc against DCC and others under Part V of the Companies Act,
1990 ('the Act'), Fyffes and DCC are now in agreement on the definition of
profit specified by section 109(1)(b) of the Act.
DCC has always believed that the correct definition of the profit to be
accounted for under section 109(1)(b) is the difference between the actual
prices at which the shares in Fyffes were sold by the DCC Group in February 2000
and the likely hypothetical prices at which those shares would have been sold
if the information the subject matter of the proceedings had been generally
available. Fyffes had previously contended that the profit to be accounted for
under section 109(1)(b) comprised the DCC Group's total profit on the original
cost of the shares.
The quantification of the profit to be accounted for by DCC to Fyffes is
expected to be determined by the Irish High Court later this year. As announced
in DCC's Interim Report to shareholders on 12 November 2007 the Directors of
DCC, having taken legal advice, made an exceptional charge of €50 million in
DCC's accounts for the six months ended 30 September 2007 in order to provide
adequately for any liability arising from this action.
For Reference:
Jim Milton
Murray Consultants
Tel: +353 1 498 0300
+353 86 255 8400
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