Former Avocet executive on chairman's "catastrophes"

 by DOUG COLLIE

The former agricultural operations manager of the Avocet group of businesses who claims he is owed six months wages has launched a scathing attack on the company's chairman Martin Frost after learning he faces legal action together with several other parties.

Sandy Jeffrey, a Borders livestock and land agent, was named in an email circulated by Mr Frost yesterday in which threats of court action and writs for damages and compensation were promised by lawyers representing Gennfros Ltd., a firm dubbed "son of Avocet" and "Avocet Mark Two".

Mr Frost vowed: "The following documents shall be published: Detailed legal claims against Mr. Sandy Jeffrey on how Mr. Jeffrey appears to have converted over £400,000 of Avocet cattle to his personal advantage."

It was a repeat of allegations made by Mr Frost against Mr Jeffrey earlier this year in letters sent to hundreds of Avocet investors. Mr Jeffrey who left Avocet's employment in 2017 is a creditor of the group and claims he is due more than £28,000. Shares in Avocet given to him after he joined the firm have also disappeared, he maintains.

With Mr Frost and his fellow directors failing to produce any return for shareholders over six years - Avocet and its subsidiaries has so far failed to market its 'revolutionary fuel additive - there has been widespread criticism of the operation.

In previous correspondence with Avocet's shareholders Mr Frost has taken the opportunity to deny allegations he has embezzled £14 million, that he is running a ponzi investment scheme, and that he is perpetrating VAT fraud. He warned of strong action against the perpetrators of such allegations.

Reacting to the latest threat from Mr Frost, Mr Jeffrey told us: "Martin Frost revels in bullying and intimidation. His latest newsletter resumes a theme, deflecting attention from his own business catastrophes and shortcomings.

"A captive audience of 650+ shareholders, many who recently ditched their interest in Frost and his flawed scheme, reflected by failure to support his and Bob Jennings' Gennfros "take two" fiasco, are continually fed a fodder of nonsensical accusations against those who have dared to question Frost's methods. It is apparent the majority of original shareholders have no interest in personal vendettas nor believe further investment in Frost is beneficial. Approximately 400 have decided to cut their losses and jump ship!"

Mr Jeffrey explained: that the Avocet company he worked for was now in liquidation. Their accountants held detailed records of all related business transactions, audited by them, which "balance to the penny". It was inconceivable they were party to recent allegations.

He said: "I pose a question: Apart from Frost, who advocates detailed legal claims against my company, Neal Thompson, James Christie, W. Cleghorn, the Orr Family and damages claims against W Chisholm and FDF?"

Then, in a direct challenge to Mr Frost he declared: "I can only speak for myself and convey this message to Martin Frost:  Provide your evidence and prepare to initiate your own, long overdue, downfall. 

"Too many written statements advising shareholders of projects subsequently destined for the scrapheap amount to much more than mere incompetence. You alone are responsible for breaches of statutory regulations. Other criminal activity I shall put to one side as that too will be dealt with in due course. My lawyers are poised from a defensive perspective."

 

Frost promises blizzard of writs

 by EWAN LAMB

As the weatherman continued to predict snow showers for many parts of the country today, the boss of the Avocet group of "revolutionary fuel" businesses was promising a veritable blizzard of legal actions against critics and 'naysayers', including the proprietor of Not Just Sheep & Rugby.

It looks as though lawyers acting for the fledgling Gennfros Ltd., set up to take forward the development of the long awaited avocet fuel additive, will be even busier than the law firms employed by Avocet chairman Martin Frost to protect the interests of Avocet Infinite [now in liquidation] and its successor Avocet Natural Capital, apparently soon to be dissolved.

Mr Frost may not be a director of Gennfros. But in a hard hitting diatribe issued yesterday on notepaper also containing the name of company secretary and barrister Eirlys Lloyd, he outlined a list of targets for upcoming legal action.

Although Mr Frost and fellow Avocet director Dr Bob Jennings have said in the past that Gennfros would be run by Lancashire accountant Paul Newsham, a detailed account of the new company's arrangements and prospects was circulated by Mr Frost today.

In it he wrote: "Apart from cash, Gennfros Limited’s main asset is its intellectual property which centers upon patent families of which those that relate to methanol are perceived to be worth some £150 million. Gennfros Limited’s liabilities are well governed investment and trade creditors. Later this week – and just to Gennfros Ltd shareholders – a summary business plan (which shall include shareholder sale & purchase mechanisms) to Gennfros Limited shareholders."

After pointing out that ICI first secured the patent rights for the avocet additive in 1964, Mr Frost asserts that this means claims by the Orr family, residents of Berwickshire, that they hold the avocet intellectual property origination are "preposterous".

Aileen Orr and other family members have denied making any such claims. Mr Frost has also accused the Orrs of repeatedly badmouthing him and the Avocet businesses.

But Mrs Orr told Not Just Sheep & Rugby today: "It appears the only one bad mouthing on a daily basis is Martin Frost.  However, his threats are being taken seriously and are now with the appropriate authorities.”

According to Mr Frost's 'circular': "Upon pain of potential contempt and imprisonment Aileen Orr, Andrew Orr, and John Orr will be forced in the New Year to confess and admit their falsehoods. ANC Plc (Avocet Natural Capital) will then proceed to sell Avocet IP Limited and Gennfros Ltd.’s new investors will proceed with Gennfros Ltd share acquisitions.

"Naturally, Gennfros Limited expects to obtain significant damage awards against the Orr family along with fellow conspirators found in Mr. W. Chisholm [the retired journalist who controls this blog] and [Avocet] forum poster ‘FDF’. Yes: Gennfros legal advisors note that along with Aileen Orr, ‘FDF’ and Chisholm have pushed their inaccurate bad mouthing too far encapsulating the fabricated Orr Border prism."

Bill Chisholm commented: "Yet again Mr Frost levels general threats of legal action against the blog without detail or specification. Our articles have never carried comment concerning Mr Frost's activities and have concentrated on reporting facts and statements made by others, including by Mr Frost himself. It's called journalism". 

It appears from Mr Frost's latest email that Mrs Lloyd is also involved in promoting legal action against the Orrs.

He states: "Over the next few days, I shall share with ANC Plc shareholders some of the dirty work perfected by the bad Orr family, noting that along with productions and exhibits that these form the basis of both further criminal & civil procedures. Note: as barrister, Mrs. Eirlys Lloyd writes with over 50 pages of productions to Scotland’s Crown Office:

 ‘I am writing this as I am becoming increasingly concerned not only by the repeated falsehoods expressed by Mrs. Aileen Orr but also by her ability to convince so many, despite very obvious inconsistencies, of the truth of her statements both verbal and written. As one knows, in communications, the persistent repetition of a falsehood, may eventually be seen as the truth.’  

But the 'hit list' of targets for litigation does not end there although the names will have a familiar ring for regular readers of these columns.

The communication adds that the following documents are to be published: "Detailed legal claims against Mr. Neal Thomson (who in conjunction with his old firm Edwin Thompson) executed fabricated documents to Avocet’s disadvantage." [Mr Thomson is listed as one of many creditors of Avocet.] 

"Detailed legal claims against Mr. Sandy Jeffrey on how Mr. Jeffrey appears to have converted over £400,000 of Avocet cattle to his personal advantage." [Mr Jeffrey is a highly respected Borders livestock agent who also features among Avocet's creditors]. 

"Detailed legal claims against Mr. James Christie" (a Northern Ireland farmer who claims his steading was part demolished and ruined by a 'failed' Avocet project after Mr Frost 'pulled the plug').

"Detailed legal claims against Mr. W. Cleghorn and his ‘bully girl’ mates for theft and improper dealing". (This is a reference to the insolvency practitioners currently handling the affairs of Orrdone Farms Ltd., another insolvent Avocet company). 

Gennfros branded "Avocet Two Point Zero"

 by DOUGLAS SHEPHERD

Developments over Christmas concerning Gennfros Ltd, the 'successor' of the Avocet 'disruptive technology' group, have resulted in critics branding the new set-up as "merely Avocet 2.0"

On Christmas Eve documents published on the Companies House website revealed that two companies linked to Avocet directors Martin Frost and Dr Bob Jennings - Loch Lomond Heritage Ltd. and Chemical Technology Services Ltd - had been appointed to the board of Gennfros. They join Lancashire-based accountant Paul Newsham who is also a director of several companies bearing the Avocet name.

For six years Mr Frost's Avocet firms have been promising attractive dividends to investors via the development and marketing of a 'revolutionary' fuel additive, also called avocet. But so far there has been no sign of a return for Avocet Natural Capital's (ANC) hundreds of shareholders.

Earlier this year management at Avocet announced its intention to dissolve ANC with shareholders being offered a stake in the newly formed Gennfros, a title apparently representing an abbreviated amalgamation of the Jennings and Frost names.

But so-called dissidents and naysayers who had challenged Avocet's directors over the lack of results since 2014 were told they would not be eligible to participate in Gennfros which, it was claimed, held intellectual property (IP) valued at an estimated £150 million, exactly the amount said to be held by ANC.

Mr Frost, in a communication circulated in November, wrote: ""Gennfros Limited’s new company articles will shortly show that the company has an ‘authorized’ share capital of 50 million shares. Again, within Gennfros articles there are stringent provisions for privacy and good husbandry – so please read and understand the new articles before accepting any Gennfros Limited share entitlement option."

Christmas Eve also saw the publication of a Confirmation Statement by Gennfros showing a total of 289 businesses and individuals with shares. The total allotted is recorded as 19,119,983 shares with an aggregate nominal value of £191,119.83.

Between them Loch Lomond Heritage and Chemical Technology Services hold 10 million shares (five million each), in other words more than 50% of the total Gennfros shares.

The failure of ANC and its predecessors and subsidiaries to achieve any of the financial targets promised by Mr Frost over six years is the subject of a withering critique posted on the independent Avocet Shareholders' Forum. The writer makes clear his or her view that Gennfros is simply 'Avocet 2'.

According to the post: "I remember the exciting promise of those days, promise of a revolutionary new fuel that would both protect the environment and revolutionise transportation. Those were thrilling times, and this first product announcement was quickly followed by others, also very exciting – biogas harvesting with the Cow Palace™; methane to methanol conversion; hydroponics.

"Our spirits were high, in part due to frequent very positive messages from Frost such as: that based on his personal calculations, our IP was worth at least £450M; that in his estimation, our shares would be conservatively worth between £29 and £59 by 2019/2020; that he had just turned down a verbal offer from Russians of £200 million for Avocet; etc., etc.

"And there was his promise, made in 2017, that he would shortly establish multiple trading platforms where those who wished to could cash in on their good fortune - Asset Match for Avocet Infinite Plc; Avocet Fuel Systems Plc via AIM - London Stock Exchange; Avocet Bio-Solutions Plc via the Irish Stock Market (MF – November 26th, 2017).

"From 2015 to 2018, Avocet expanded to almost thirty separate companies, and yet still had no appreciable revenues, but we were frequently advised of corporate restructurings and provided with attractive new organization charts. And, of course, there were the always very promising revenue forecasts that were provided to us: Revenue forecast of £8.7 million for 2017 (from October 2016 Information Memorandum); Revenue forecast of £30 million + for 2018 (from October 15th, 2017 Avocet Update Summary); Revenue forecast of £189 million for 2019 (from November 2018 Information Memorandum)".

The poster goes on to ask: "And after six years, what have the results been?"

And continues: "To summarise, from any perspective the Avocet group of companies has been a colossal failure. £22.5 million of the shareholders’ money was invested and depleted with not one on-market product to show for it. The only thing that Avocet has been able to produce very consistently is lawsuits.

"But what are the prospects for Avocet 2.0 (Gennfros)? Well, there are a couple of challenges. First, it has no money, so the whole future of Gennfros is dependent on the existence of the mystery investors, which some have rightly questioned. Second, at present, it has only two patent applications that may be approved in four years. That is a long time to wait."

Borders Council's "light touch" in awarding £470,000 contract

 by EWAN LAMB

A £472,000 contract linked to the Inspire learning programme in Scottish Borders schools has been awarded to a one man consultancy in Greenock without seeking competitive tenders.

Details of the valuable deal have been revealed in a contract award notice posted by the council on the Public Contracts Scotland website today (Christmas Eve).

The Scottish Borders Council (SBC) Inspire Learning programme is a £16m investment "in a world class digital learning environment for all pupils", according to the local authority's own literature.

A SBC explanatory document states: "The project has been developed by a partnership of ourselves, CGI, XMA and Apple. The programme is a key part of our Digital Learning Strategy and transform teaching and learning in our schools for the benefit of children and young people now, and into the future. It includes plans for iPads to be provided to all P5-S6 pupils."

There was a degree of controversy recently when the Borders local authority, meeting in private, sanctioned extensions to an existing IT contract with specialists CGI until 2040, also without inviting competitive tenders. The arrangement effectively binds the next three elected administrations at SBC to CGI as supplier of digital services.

Today's notice says the contract awarded to Andrew Jewell Education Ltd., of Finnart Street, Greenock, is to provide a Specialist Educational Management service to deliver the Inspire Learning programme within Scottish Borders Council. 

It adds: "The Council has engaged the services of this specialist educational training and development organisation to deliver this key education transformation project for a three year period at a cost of £283,500 with the option to extend for a further two years with an additional cost of £189,000 if this option is taken. Total value of the contract: £472 500.00.

"Following the completion of the device roll out (foundation stage) of Inspire Learning Programme Scottish Borders Council is contracting the services of Andrew Jewell Education to lead, support and advise the educational model.

"Educationally Inspire now moves to a focus on pedagogy and professional learning. Andrew Jewell Education is being engaged to deliver including but not limited to the following services: Launching and developing the Inspire Learning Academy in Scottish Borders. Supporting the education objectives of Scottish Borders Education team. Delivering the aims of the Inspired Learning programme in Scottish Borders. Leading the ongoing work of Inspire Learning Academy alongside Catherine Thomson.

"Showcasing and promoting the work of Inspire Learning and the Inspire Learning Academy at national /global level."

And the local authority goes on to confirm: "Scottish Borders Council have awarded this public contract as a direct award following the light touch regime rules in accordance with Article 74 of the Public Contracts Directive 2014/24/EU. The light touch regime allows for direct awards for Health, Social, Education and certain other contracts without seeking competition in the marketplace."

Developers call a halt to planning delays

 by EWAN LAMB

The company fronting a controversial multi-million pound wind farm with 45 turbines has rejected a request from Scottish Borders Council planners for a fifth time extension to allow councillors to decide on a planning application.

Community Wind Power Ltd (CWP) submitted their proposals for the huge Faw Side facility in South Roxburghshire and part of Dumfriesshire in May 2019.

According to the applicants the proposed development will employ the latest modern wind turbine technology to create an optimised, efficient and productive site. 

"As a result, Faw Side Community Wind Farm would contribute towards achieving Scotland’s renewable energy and climate change targets by producing enough electricity to power 343,000 homes annually and would offset over 558,000 tonnes of CO2 per annum which equates to 22.3 million tonnes during its 40-year operational life - compared to fossil fuel mixed electricity generation."

However there have been strong objections on environmental grounds with claims the erection of turbines of up to 200 metres in height would have a devastating impact in an unspoilt corner of Scotland. The decision on whether the project should proceed lies with the Scottish Government's Energy Consents Unit (ECU) following an inquiry. Scottish Ministers will receive a recommendation. 

The attitude of councillors in Scottish Borders and Dumfries and Galloway is regarded as an important factor in the decision making process. But so far the Borders planning department has been unable to formulate a recommendation for elected members as assessments continue.

The council file on Faw Side shows a decision was originally anticipated in September 2019, but the time frame was extended to November. A subsequent request to delay again until February 2020 was approved by CWP.

But in December 2019 the local planners told the ECU they did not have the capacity to get Faw Side determined in the following February. They asked for a delay until June 29th. Then, when additional information requested by SBC had not been received agreement was eventually reached for a further extension of the consultation period to November/December.

In an email to CWP and the ECU in November, Scott Shearer, of the Borders planning section wrote: "Our current PPA [Planning Performance Agreement] targeted SBC to determine their recommendation for this proposal at our December Planning and Building Standards Committee. We have been preparing for this however unfortunately I am yet to receive formal consultation response from our Landscape and Archaeology advisors. 

"Landscape and Archaeological impacts are key considerations for this proposed development therefore without the advice from our specialist officers I am not in a position to complete a recommendation for our elected Members at the December P&BS Committee. I apologise of the delay this has caused however this is an significant proposal within the Southern Borders and we need to ensure that it is given a full and complete assessment. This therefore leads me to seek for an extension of our processing time and accounting for the Christmas/new year holidays, determination at our February committee meeting may be most suitable".

But in a response, Gillian Cropper, of CWP, told Mr Shearer: "I am emailing to confirm that we will not be accepting your request for an extension until 3rd February 2021 to consider the application for Faw Side Community Wind Farm. As discussed, this is not to be difficult in any way as we have actively engaged with each other since the submission of the application back in May 2019. 

"The decision not to agree any further requests is purely because the application is going to head into an inquiry in any event as there are outstanding objections from other statutory consultees and therefore we want the ECU to start preparing for that now rather than later. We fully expect you will get the chance to submit your report and the view of the Council, as we are sure the Scottish Ministers will request this, however we just want to get the process started. As discussed, we are still willing to answer any questions you may have on the proposal and work with you to complete your report on Faw Side."

'Avocet' shareholders investigated by liquidators

 by DOUG COLLIE

Hundreds of shareholders in the insolvent Avocet Infinite PLC 'disruptive technology' firm have been asked by the company's joint liquidator to provide proof that they actually paid for their stake in the troubled business. 

Last October directors of Avocet Infinite changed the company's name to Omega Infinite, apparently to avoid assets being seized by creditors. But in March of this year a court in Leeds issued a Winding Up Order which in turn resulted in the appointment of insolvency specialists Begbies Traynor as liquidators.

There have been claims made in recent months that a significant proportion of the £22 million worth of Omega shares had not been paid for. Now, more than seven months after assuming responsibility for the firm's affairs Begbies Traynor are attempting to assemble a so-called list of contributories.

The word contributories covers all those persons who are responsible to make payment to a company at the time of its winding up. Unless the court dispenses with the settlement of a list of contributories, the liquidator prepares the list.

According to the official description: "If the name of a shareholder falls in the list of contributories, he becomes liable to pay only such amount which has so far not been called and paid by him on the shares held by him."

In a letter circulated to all Omega Infinite shareholders, joint liquidator Ashleigh Fletcher explains that preparing the list will take some time as there are a large number of shareholders in the company.

He adds: "We are still in the process of identifying and collecting any relevant company records; and it has been asserted that a number of the shares in the company are not fully paid. That is an issue which you will appreciate we are duty bound to consider and investigate before settling the list of contributories.

"Accordingly it would assist if you can explain and provide evidence as to how and when your shares were paid up".

Mr Fletcher then asks shareholders to confirm how they paid for their shares, to which entity the payment was made, whether shares were granted in lieu of work completed on behalf of the company or an associated entity. A response is requested by December 29th.

Businessman Martin Frost, chairman of Omega Infinite, and of its 'replacement' Avocet Natural Capital (ANC), urges shareholders to provide evidence to Begbies Traynor in a letter to ANC stakeholders issued today.

Mr Frost goes on to reveal: "On ANC Plc active measures are underway to sell its intellectual property housed within its subsidiary company Avocet IP Limited. Once done, Avocet IP Limited will be mothballed with the creditors fully paid, and then the free proceeds will be returned to the current registered ANC Plc shareholders. Note: this is likely to take 12 months."

 On Omega Infinite Plc, Mr Frost indicates that Gennfros Limited [a new company set up to take forward the development of a 'revolutionary' fuel additive] "has made various offers to settle company creditors, some of which are now satisfied."

And Mr Frost, joint life president of Gennfros but not a director of that company adds: "Gennfros has agreed to use the services of Fieldfisher (the law firm which applied to have Omega Infinite wound up) to pursue past wrongs caused by members of the ‘Zoom Cabal’, the naughty present intromissions of Mr. Neal Thompson (late of Edwin Thompson) and Mr. Sandy Jeffrey.

"Gennfros Limited is in discussions with Begbies Traynor to restore Omega Infinite Plc to the Company Register and providing Gennfros Limited stands aside a distribution is likely to all bona fide Omega Infinite Plc shareholders as determined by Begbies."

Both Mr Jeffrey and Mr Thompson claim to be owed substantial sums of money as creditors of the Avocet group. 

 

 

Wind farm construction would mean end to 'dark skies'

 by DOUG COLLIE

The dark skies above a remote Borders landscape will be permanently illuminated for the first time if the go-ahead is given for a massive 45-turbine wind farm covering a 23 square kilometre stretch of hills straddling the Scottish Borders and Dumfries and Galloway.

There have already been concerns from council archaeologists that the Faw Side wind farm in the Langholm and South Roxburghshire area will have negative impacts on what is termed a Prehistoric landscape containing a collection of Iron Age and Bronze Age scheduled monuments.

A decision on the controversial application from CWL Energy - one of the largest projects of its kind in the United Kingdon - to erect turbines ranging in height from 179 to 200 metres was scheduled for the December meeting of Scottish Borders Council Planning and Building Standards Committee.

But that crucial stage of the process has now been put back until February next year as planning officers continue a detailed assessment and await consultation responses from specialists in archaeology and landscaping.

Every one of the turbines would have to be fitted with visible aviation lighting while the Ministry of Defence has maintained its objections to the Faw Side scheme on several fronts.

According to correspondence published on the Scottish Government Energy Consents Unit website there have been numerous objections to the proposals but also a number of submissions supporting CWL Energy's plans.

In a letter from the Defence Infrastructure Organisation, its Senior Safeguarding Manager James Houghton sets out a series of concerns linked to the defence function.

The submission states: "The turbine is approximately 12.8 kilometres from the seismological recording station at Eskdalemuir and falls within its statutory safeguarded area.  Eskdalemuir provides part of the UK contribution to the Comprehensive Nuclear Test Ban Treaty as an element of the seismic monitoring network that in turn forms part of the International Monitoring System. Scientific research has established that wind turbines of current design generate seismic ground vibrations which can interfere with the effective operation of the array.

"A noise budget has been allocated to regulate the development of wind turbines within a 50km radius of the array. The reserved noise budget has been reached and as such, MOD must object to this application on the basis that the development would have a significant and detrimental impact on the operation and capability of the Eskdalemuir Seismological Recording Station."

Mr Houghton goes on to claim the Faw Side wind farm would also impact on  the RAF Spadeadam Electronic Warfare Tactics Facility.

"RAF Spadeadam provides a unique facility in the UK and provides a strategically important facility for UK and NATO forces, allowing aircrew to practise manoeuvres and tactics against a variety of common surface to air missile threats that they may encounter when on operations. The proposed wind turbines at Faw Side would be detectable from, and would have an unacceptable impact on, threat radars deployed at Wigg Knowe and Larriston Fell." 

In a follow-up letter Mr Houghton revealed: "The technical assessment identified that the proposed wind farm would be detectable to threat radars when operated at Wigg Knowe and Larriston Fell. Following the technical assessment, an operational assessment was conducted by the Electronic Warfare Tactics Facility which determined that the proposed development would have an unmanageable impact on the operation of threat radar." 

In a reference to military low flying in the area Mr Houghton explains: "The proposed development falls within an area, designated as Tactical Training Area 20T, and used by MOD to conduct low flying training activities. In order to maintain aviation safety, obstacles or structures are required to be charted and fitted with appropriate aviation safety lighting. The turbine heights currently proposed would necessitate that all wind turbines are fitted with aviation safety lighting in accordance with the requirements of the Air Navigation Order (2016)."

The prospect of lighting on each of the 45 turbines has prompted a warning from a senior planning official at Scottish Borders Council that this aspect of the development must be treated with caution.

Karen Ruthven, of the council's Forward Planning Section says in a consultation response: " At present within the Scottish Borders there are no practical examples at hand which can confirm the success or otherwise of turbine lighting. This is an extremely important aspect of this proposal which will introduce artificial lighting into a dark rural area and it is absolutely vital this matter is fully scrutinised.

"The information provided as part of the application submission does seem somewhat limited and inconclusive and it is difficult to state with any great certainty how significant, adverse or otherwise, the lighting will be. Without absolute certainty as to what the visual impacts of the lighting will be it would be wrong to determine this proposal without this being clarified.  It is considered this matter requires further information and discussion.

"Whilst the Council remains proactive in supporting wind turbines in appropriate locations and is aware of the economic benefits these larger turbines can provide, the considerable height of these turbines, along with any lighting, and their impacts on the landscape and a number of receptors must be scrutinised extremely carefully.  A poor decision on this proposal would have detrimental impacts on the landscape and environment on this part of the Scottish Borders."

In its vast collection of documents linked to the Faw Side application, CWL point out: "The applicant is currently seeking to agree an aviation lighting scheme with the CAA [Civil Aviation Authority], in order to secure a reduction in the normal requirements for aviation lighting to be installed on all structures at or above 150m in height. The applicant has appointed the aviation consultant Aviatica to progress this mitigation through the preparation of a bespoke Aeronautical Study.

"The reduced lighting scheme will bring a level of mitigation, as has been successfully achieved at other wind farm developments in Scotland, and therefore we propose draft wording for a planning condition to cover this potential outcome. The condition ultimately confirms that the applicant will adopt the industry standard mitigation at the appropriate time of deployment and allows the developer flexibility and time for the civil aviation lighting to be successfully resolved with the CAA and the aviation industry."

 

Dramatic upsurge in Tweed salmon catches

by DOUG COLLIE 

Preliminary estimates suggest up to 10,000 salmon were caught by rod fishermen on the Tweed this year, a figure which is in sharp contrast to the numbers taken by anglers in recent seasons.

The 2020 return - up from a 'dismal' 6,814 fish caught in 2019 - is all the more remarkable given that angling was only taking place from June to October with February and March virtually wiped out by floods and other adverse weather conditions, and May, June and November affected by Covid restrictions and a resultant lack of visitors.

During last year The Guardian published a special feature on Scotland's 'salmon crisis', suggesting that "on the Tweed Atlantic fish have all but disappeared".

A far cry from 2015 when a specially commissioned report suggested Tweed fishing supported more than 500 jobs in the recreation and hospitality sectors, and was worth an estimated £24 million to the Scottish Borders economy.

The seasonal totals in recent years have certainly made grim reading for the owners of salmon beats along a river which remains one of the most productive in the angling world. Many fishing days have been unlet, drastically reducing income for proprietors.

Following a bumper haul of 20,316 in 2013 numbers have shown a worrying decline in the following six years. The totals recorded in successive annual reports of the River Tweed Commission which manages fishing activity were: 2014 9,971; 2015 8,644; 2016 8,221; 2017 7,003; 2018 6,129; and 2019 6,814.

The official count for 2020 - the season officially ended on November 30th -  will be published next March in the Commission's annual report for 2020. But according to at least one estimate produced by the Tweedbeats website blog run by the owner of a beat in the Coldstream area in excess of 9,000 and possibly over 10,000 salmon have been landed this time round.

One popular beat with a five year average of 175 caught reported 385 in 2020 while another stretch of river's return this year was 425 compared to just 119 in 2019.

A series of charts on the FishPal website which handles angling bookings for more than 40 beats on the Tweed and its tributaries suggest a combined catch of just under 6,000 salmon against a 2019 return of about 3,700 and a five year average under 4,000.

The lack of Atlantic salmon in the Tweed post 2013 has been a talking point among anglers, owners and scientists with different 'experts' pinning the blame on climate change, grey seals and the Northumberland drift net fishery which has now been closed and taken out of the equation.

One angling expert observed: "Now they'll all be trying to piece together the reasons for the resurgence in salmon numbers on the Tweed. I'd say Mother Nature has a large part to play, and it seems this year's total could have been very much higher had it not been for the pandemic and the atrocious weather early in the season.

"However, one good year doesn't mean the good times have returned permanently. We will be watching the 2021 catch numbers very closely when, hopefully, restrictions on angling due to Covid will be lifted".

Gennfros mired in patents injunction controversy

 by EWAN LAMB

A claim by the chief officer at Gennfros PLC, the business set up recently to replace Avocet's 'disruptive technology' business, that international patent injunctions would be obtained next week has been rubbished on the internet forum which provides a platform for investors and shareholders.

Although Gennfros management has stated several times that there is no direct link between themselves and Avocet, the newcomers say mystery investors who are prepared to pour many millions of pounds into the development of a 'wonder' fuel additive insist that "past undertakings to Avocet are translated into Gennfros injunctions".

But critics of the Avocet group, headed by businessman Martin Frost and chemist Dr Bob Jennings, have pointed out there is no such thing as an international patent injunction.

Meanwhile a member of the Orr family, the targets for the Gennfross injunction applications has told the Avocet Shareholders' Forum that they have never been notified that proceedings were being taken against them.

Earlier this week, in an email to potential Gennfros shareholders, the company's chief executive Paul Newsham wrote: "It appears that during next week, we shall obtain our international patent interim injunctions against Mrs. Aileen Orr, Mr. Andrew Orr, and Mr. John Orr. Once secured, we are advised that because Aileen Orr, Andrew Orr, and John Orr are residents of Scotland we need to have such endorsed by the Scottish Courts to ensure such injunctions are fully effective against them. Again, we are advised that all should be perfected during next week.

"Purchase offers from Gennfros Limited’s new investors will first shortly follow to those Gennfros Limited shareholders listed in the new Gennfros Limited Confirmation Statement, thereafter to those who have accepted the gift of the Gennfros Limited share option."

As we reported last week a set of new Articles of Association published last week allows for £24,000 a year honoraria to be paid to Mr Frost and Dr Jennings for fulfilling the role of Life Presidents of Gennfros.

In a Forum post directed at Mr Newsham, a Lancashire-based chartered accountant, the writer claims:". I regret to have to tell you that Frost has mislead (sic) you. There is no such thing as an “international patent” and so, of course, there can be no such thing as the “international patent injunction” that you have indicated is about to be granted.

"Not only is the granting of a patent the prerogative of each separate authority, so too, of course, would be the granting of any and all enforcement measures, including injunctions."

And the poster continues: "Frost has informed us on a number of occasions that without this injunction, the mystery investors will not invest in Gennfros. As options holders are now actively considering whether to exercise their options and buy shares, and as we now know that the claimed international injunction does not exist, the presence (or lack thereof) of the mystery investors and the nature of their intentions are extremely important issues to consider. Can you update us on the status of this important matter?"

Then, in a separate Forum post Aileen Orr states: " With patent disputes you use the dispute resolution procedure first. This is in the Patents Court or the IPEP (Intellectual Property Enterprise Court) part of the business and property court in London. He would still have to issue proceedings as injunctions are ancillary to a substantive action not a stand alone remedy. We have never received a pre-action letter  which is mandatory."

After another Forum member and former Avocet employee approached Mr Newsham for comment, an email apparently written by Mr Frost to the head of Gennfros was forwarded to him. It said: "I confirm that Gennfros will shortly have over 30 new patents (mainly UK) though none is likely to be as valuable as:GENN01GB (Non-explosive) GB Application number: GB2015514.9 Filing date: 30.09.2020 which enables a non-explosive green fuel which is cleaner and cheaper than electricity and has an independent assessed value in excess of £150 million."

In a reference to the patent injunctions Mr Frost writes: "Avocet spent over £3 million in the US & UK in securing Avocet IP Limited's intellectual property. Aileen Orr twice gave written undertakings to Kit Jarvis of Fieldfisher to drop her, Andrew and John's preposterous IP origination claims  - on each occasion she reneged so that is why our new investors are insisting that past undertakings to Avocet are translated into Gennfros injunctions."