26 February 2019

Corker Binning associates host breakfast discussion considering the Tesco DPA

Corker Binning Associates hosted a breakfast discussion considering the implications of the Tesco DPA, and asking what we now mean and expect when we talk about ‘the presumption of innocence’.

Issues considered included:

  • Is it consistent for the Serious Fraud Office to publish the facts of a Deferred Prosecution Agreement that asserts fraudulent conduct by three Tesco executives, despite the spectacular collapse of the prosecutions against them?
  • In the wake of that DPA, can the Tesco Three ever claim to be ‘innocent’?
  • Considering the recent Supreme Court decision in Hallam, and more generally, to what extent do criminal proceedings determine innocence?

Attendees included associates from Allen & Overy, Clifford Chance, Hogan Lovells, King & Spalding and White & Case.