DCC Regulatory News (DCC)

14 Jan 2008 16:45

DCC PLC14 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 isexpected to be determined by the Irish High Court later this year. As announcedin DCC's Interim Report to shareholders on 12 November 2007 the Directors ofDCC, having taken legal advice, made an exceptional charge of €50 million inDCC's accounts for the six months ended 30 September 2007 in order to provideadequately for any liability arising from this action. For Reference: Jim MiltonMurray ConsultantsTel: +353 1 498 0300 +353 86 255 8400 This information is provided by RNS The company news service from the London Stock Exchange