Background: Details of dealings between DCC plc and the Irish Stock Exchange (ISE) emerged during a Supreme Court hearing in relation to last year's DCC/Fyffes insider dealing case.

In the course of the discovery process prior to a civil action where Fyffes was alleging insider dealing against DCC and its chief executive, Jim Flavin, a dispute arose over access for Fyffes to expert reports prepared for DCC.

The dispute went to the High Court, where it formed a separate, though linked case involving the two plcs.

The court ruled in DCC's favour and Fyffes appealed to the Supreme Court.

Both sides agreed that, in the normal course of events, such reports, prepared for the pending civil action, would be covered by privilege but in this instance Fyffes claimed that DCC had waived privilege when it gave copies of the reports to the ISE and, through it, to the Director of Public Prosecutions.

In the course of its case, Fyffes read into the record extracts from DCC memos concerning contacts the plc had with the stock exchange.

A memo from a meeting in September 2002, that considered the internal workings of the ISE, read in part: "Given the personalities and vested interests involved, it seems likely (DCC) might make greater progress with the board than with the executive."

There was discussion of how the expert reports prepared for DCC might be viewed by the ISE. DCC wanted to influence the exchange's view so this change of view could be conveyed to the DPP, which had already received a report from the ISE.

At the time a Garda inquiry was under way.

In the event, the Supreme Court upheld the ruling of the High Court and the expert reports were deemed privileged.