Re Supreme Court Judgment

DCC PLC 30 July 2007 Further Announcement re Supreme Court Judgment Following the Stock Exchange announcement issued by DCC plc ('DCC') on Friday last at 6:30pm, DCC wishes to give further detail in relation to the Board's full confidence in and unanimous support for Jim Flavin as Executive Chairman of DCC. At its meeting on Friday last the Board of DCC carefully considered, in Mr Flavin's absence, whether the decision of the Supreme Court had any implications for Mr Flavin's position. In reaching its conclusion, the Board was cognisant of the fact that the Supreme Court decision to overturn the High Court's judgment did not imply that Mr Flavin had used price sensitive information in the share sales. In its judgment the Supreme Court quoted what the High Court judgment said on this matter and set out below is an extract from the quote: 'In my view, in this case, the evidence is not open to the interpretation that Mr. Flavin used the information contained in the November and December Trading Reports which is alleged to have been confidential and price-sensitive, the negative information in relation to Fyffes' trading and earnings performance in the first quarter of financial year 2000, so as to enable the DCC Group to exit from Fyffes in manner which would avoid any share price impact which would ensue from the disclosure of that information. In my view, on the evidence, it is clear that what motivated Mr. Flavin in his involvement in the Share Sales and what motivated the almost total exit of the DCC Group from Fyffes in February, 2000 was the opportunity to make a substantial profit because of the increase of the share price on the back of wof.com. The plaintiff has not established any evidential nexus between the profit which the Share Sales generated for the DCC Group and the use by Mr. Flavin, or the use by any of the boards of the corporate defendants, of the confidential information contained in the November and December Trading Reports. On any view of the evidence, that information simply had no bearing on the Share Sales.' The Supreme Court judgment also stated that 'The High Court concluded that Fyffes had failed to establish a breach of fiduciary duty on the part of Mr Flavin...' No appeal was made against these strong findings of the High Court and the Supreme Court judgment did not interfere with them. These findings of the High Court stand. Three independent non-executive directors, Michael Buckley, Maurice Keane and Bernard Somers, consulted earlier this year with major shareholders in DCC and with the Irish Association of Investment Managers in relation to the planned appointment of Jim Flavin as Executive Chairman, which the Board unanimously believed was in the best interests of shareholders. His appointment to that position, with effect from 1 July 2007, was given widespread shareholder support as evidenced by the fact that Mr Flavin received a 99.8% vote in favour of his re-election as Executive Chairman at the Annual General Meeting on 20 July 2007. The Board is strongly of the view that the continuation of Mr Flavin as Executive Chairman is in shareholders' best interests for the reasons recently discussed with major shareholders and with the Irish Association of Investment Managers. For Reference: Jim Milton Murray Consultants Tel: +353 1 498 0300 +353 86 255 8400 This information is provided by RNS The company news service from the London Stock Exchange

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DCC (CDI) (DCC)
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