Despite Tesco admitting market abuse and saying that the accounts were wrong, lawyers say that such admissions should not have any bearing on whether the executives should be found guilty—it simply depends on the weight of the evidence that is presented at trial. The prosecution of individual defendants in a criminal trial is not affected in any way by a DPA having previously been agreed upon by a company.

“Although some of the evidence may overlap between the two cases, legally they are entirely separate matters. Nothing is therefore a foregone conclusion,” said Managing Director Jeffrey Davidson.

Read Jeffrey’s comments in Compliance Week