The Serious Fraud Office has failed for the second time to bring a case against five former directors of Durex makers SSL.
The High Court refused to over-ride a Crown Court ruling, made earlier this year, that there was 'not sufficient' evidence to bring a jury trial.
The SFO had alleged the directors, which included former group finance director Paul Sanders, were involved in 'trade-loading' fraud and of inflating profits.
Mr Justice Pitchers yesterday said that the SFO had not argued that the Crown Court decision was wrong in law and was instead asking for a substitute judgement, according to the Financial Times.