Tesco said on Sept. 22 it had overstated first-half profit by 250
million pounds. It raised that figure to 263 million pounds when it
published first-half results on Oct. 23.
The overstatement led to a sharp decline in the market value of
Britain's biggest retailer, driving its share price down to a 14
year low, and prompted a criminal investigation by Britain's Serious
Fraud Office.
Tesco Shareholder Claims Limited (TSC), a group funded by U.S.
litigation firm Scott + Scott, said on Tuesday it would seek to
bring an action against Tesco on behalf of institutional
shareholders, arguing the profit overstatement "caused a permanent
destruction of value to shareholders."
Tesco declined to comment.
Scott + Scott has already brought an action against Tesco in the
United States, while British law firm Stewarts Law launched a
similar move in November, alleging Tesco directors and senior
managers knew or were reckless as to whether the firm's statements
to the market were untrue or misleading.
TSC will be represented in Britain by McGuire Woods.
"A permanent destruction of value has occurred and had the
accounting irregularities not taken place the share price, and value
of the company, would today be materially higher," said TSC.
It said it expected the claim, open to any institutional shareholder
that bought shares in Tesco prior to the firm's Sept. 22
announcement, to be in the region of 50-70 pence per share. Tesco
has 8.1 billion shares listed, suggesting the claim could be for
billions of pounds.
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Shares in Tesco were down 0.6 percent at 245.2 pence by 9:20 a.m.,
valuing the business at about 20 billion pounds.
TSC said it was in talks with institutions in Britain, Europe and
the United States about joining the claim on a no win, no fee basis.
Tesco's accounting practices are also being investigated by
Britain's Financial Reporting Council, while the grocery industry
watchdog, the Groceries Code Adjudicator, is investigating the
firm's relations with its suppliers.
(Reporting by James Davey; Editing by Mark Potter)
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