Wednesday, 11 November 2020

Avocet patents up for grabs with more litigation promised

 by DOUGLAS SHEPHERD

Two creditors of insolvent Avocet companies who are owed tens of thousands of pounds for unpaid work are among those about to face counter claims for damages, according to the 'disruptive technology' group's chairman Martin Frost.

With Avocet Natural Capital PLC about to be dissolved without producing any return for investors, Mr Frost also announced today that patents currently owned by subsidiary Avocet IP Ltd. will be "marketed and sold internationally".

But it was the range of litigation pledged by Mr Frost in a new circular to investors and shareholders which caught the eye. A cynical observer remarked: "It is to be hoped that Avocet has the large sums of money needed to feed the army of lawyers needed to carry out its orders".

Here is how Mr Frost outlined the various strands of legal action the business plans to take.

"Orrdone Farms Limited. The Avocet Clearing House Limited (as owner of Orrdone Farms Limited) has received legal advice that the Administrators are (a) guilty of tortious trespass and (b) failed in their common law duties by their refusal to acknowledge Omega Infinite Plc’s debt due by Orrdone Farms Limited..

"English legal proceedings will shortly be instituted against them. Again, following legal advice separate legal recovery and damage proceedings are to be taken against:  Mr. W. Cleghorn of Aver Accountants, Hogg & Thorburn Accountants of Galashiels, Mrs. Aileen Orr, Mr. Sandy Jeffrey and Mr
Neal Thompson".

Mr Jeffrey and Mr Thompson were key players in the early development of Avocet's plans for 'revolutionary' agricultural production and 'cutting edge' alternative fuel manufacture.

However, both men who are highly respected professionals, have already told Not Just Sheep & Rugby how things went badly wrong and none of the ideas touted by Avocet's directors were ever implemented. The two are creditors of the insolvent Orrdone Farms Ltd.; between them they are owed more than £60,000 by that firm which is currently in administration.

Mr Jeffrey, who worked for Avocet for more than two years has a claim for £28,814 against Orrdone. He believes there is little or no chance of getting the cash he is due. Mr Jeffrey also told us he had been awarded 100,000 shares in Omega Infinite - another firm now in the hands of liquidators - after he agreed that his company Sandy Jeffrey Ltd. would work for Mr Frost's Avocet Farms Ltd (now Orrdone Farms, in administration).

But after gaining access to the company's shares register he discovered those shares had been transferred to two other companies linked to Avocet directors. He said: "I took legal advice from a barrister in a bid to get the missing shares back even though I know they're probably worthless".

Reacting to the latest pledge by Mr Frost to take him to court, Mr Jeffrey said: "Threats come thick and fast from Martin Frost and expose an inherent flaw in his character. As one of the many people who have genuinely attempted to assist with the promotion of all good things Avocet from 2015 onwards, it soon became clear that Frost had a hidden agenda.

"Mr Frost's methods draw on unsuspecting support which he then attempts to implicate and litigate against at any sign of objection to his singular masterplan. I welcome any challenge from Martin Frost as exposure of true facts will hasten his downfall and benefit all, including existing shareholders and prospective investors. My moral responsibility to those I encouraged to support Avocet's attributes, so tarnished by Frost's hand, is one of much regret."

Mr Jeffrey claimed: "Between Sandy Jeffrey Ltd and personally I should hold in excess of 750,000 shares which does not include a 10% bonus allocation which Frost refused to issue.

"Unfortunately Frost & Co deprived us of 100,000 Avocet Infinite (Omega) shares which prevented 100,000 Bio Solutions and 150,000 Avocet Natural Capital being issued. This is an ongoing legal dispute parked until we determine whether there is anything left to pursue".

We also contacted Mr Thompson who, together with his company, is a creditor of Orrdone Farms with claims for a combined debt exceeding £33,000.

He said: "I worked for Mr.Frost and Avocet both as a consultant and through my business for several years. Throughout that period I did my absolute best for Avocet and gave Mr. Frost good objective advice irrespective of whether or not he wanted to hear it.
 
"Like the majority of investors I believed in the Avocet fuel concept and, by my standards, invested a substantial amount of my own money in the business. I do not expect to see any of it again. Contrary to Mr. Frost’s previous statement,I did not encourage anyone else to invest.
 
"Mr. Frost has treated the shareholders like fools and I find it quite astonishing that so many people appear to still believe in him. Much of what he has written in recent months has been either totally inappropriate or clearly wrong or both. I have no intention of entering a mud slinging contest but if Mr. Frost wants to sue me then I look forward to seeing him in court."

In today's letter Mr Frost promises that once Avocet's intellectual property is sold "ANC Plc shareholders may expect a good dividend when all ANC Plc creditors are paid.


In a reference to Omega Infinite PLC, the previous parent company in the group which is now in liquidation, Mr Frost says: "Next week a meeting with liquidators, Begbies, is provisionally organized at which meeting arrangements are in hand to pay off all agreed Omega creditors. Ryecrofts [accountants] will be put in funds to complete Omega’s and Orrdone Farm’s audited accounts." 

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