Tuesday, 29 December 2020

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."


 


Monday, 28 December 2020

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). 

Saturday, 26 December 2020

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."

Thursday, 24 December 2020

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."




Thursday, 17 December 2020

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."

Tuesday, 15 December 2020

'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. 

 

 

Monday, 7 December 2020

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."


 


Thursday, 3 December 2020

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".

Wednesday, 2 December 2020

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."



Sunday, 29 November 2020

Avocet subsidiary struck off Companies House register

by DOUGLAS SHEPHERD

A business which was part of the Avocet 'disruptive technology' set-up has been dissolved via compulsory strike off by Companies House.

Avocet Infinite Renewables Ltd. had the same two life presidents as Gennfros Ltd., a recently founded company which last week 'awarded' Avocet directors Martin Frost and Dr Bob Jennings honorariums of £24,000 a year each following their appointments to the life presidency.

The Articles of Association for Avocet Infinite Renewables, approved by special resolution in July 2017, allowed for Mr Frost and Dr Jennings to be installed as presidents for life. While the position was to be unpaid each would be "entitled to be reimbursed in respect of any reasonable expenses which he properly incurs in connection with the discharge of his position as a life president of the company".

The objectives of the life presidents at Avocet Infinite Renewables are identical to those set out in the recently published Articles of Gennfros although the management of that company have claimed there will be no connection with Avocet. Instead, Gennfros will rely on a completely new set of intellectual property. 

Those objectives laid out in 2017 were deemed necessary to ensure:

"'Avocet' is seen not just as a fuel additive but is a generic term to encompass and encapsulate a forward movement to a sustainable future;

"'Avocet' remains and develops as a design process grounded in systems thinking of how energy and the law of entropy can prompt a societal shift;

"the 'Avocet' brand name is used in respect of a select number of companies, products and processes which individually and collectively enables man to do more with less;

"'Avocet' is an ecological progenitor to the 'sustainability revolution'; and

"'Avocet' provides mechanisms that work more efficiently with the planet's energy, water and food that positively impact on the world".

The nature of business of the now dissolved Avocet Infinite Renewables is listed at Companies House as "extraction of crude petroleum and natural gas; other treatment of petroleum products; and remediation activities and other waste management services".

The company, incorporated in 2015, had not submitted annual accounts to Companies House since 2017.

In the year to 31 December 2017 it reported a deficit of £211,978, up from £81,800 in 2016. Trade creditors were due £21,021 while the sum of £204,461 was owed to "group undertakings". That figure had risen from £84,294 in 2016.

A note to the accounts explained: "Avocet Infinite Ltd., the company's major creditor, will not require repayment of the inter-company debt within twelve months".

Thursday, 26 November 2020

Gennfros life presidents will pick up £2,000 a month

EXCLUSIVE by EWAN LAMB

The intention to pay two life presidents index-linked honoraria of £24,000 a year plus reimbursement of "any reasonable expenses" is revealed in the newly published Articles of Association of chemical manufacturers Gennfros Ltd., likely successors of the Avocet 'disruptive technology' Group.

Beneficiaries of the £2,000-a-month payments will be Martin Frost, currently chairman of Avocet, and fellow director Dr Bob Jennings although neither of them will be involved in running Gennfros whose chief officer is Lancashire-based accountant Paul Newsham.

However, Mr Frost and Dr Jennings have "employee and restrictive contracts in relation to the provision of specialist services and contacts".

Both men have been in charge of Avocet Infinite (now called Omega Infinite and in liquidation) and Avocet Natural Capital with some 650 shareholders and which, according to Mr Frost, could soon be dissolved. The Avocet businesses have so far failed to bring their 'revolutionary' fuel additive to market over a six year period.

The Gennfros articles also disclose that the 'avocet' brand will live on despite recent indications from management that intellectual property currently held by the Avocet organisation would be sold off. It has also been claimed new patent applications would value Gennfros at £150 million.

A document setting out the Gennfros articles of association, accessible via the Companies House website, explains the reasons why the new company requires two life presidents.

It says: "The objectives of the life presidents are to ensure that:

"1 - the brand 'avocet' is seen not just as a fuel additive but is a generic term to encompass and encapsulate a forward movement to a sustainable future.

"2 - the brand 'avocet' remains and develops as a design process grounded in systems thinking of how energy and the law of entropy can prompt a societal shift.

"3 - the 'avocet' brand name is used only in respect of a select number of companies, products and processes which individually and collectively enables man to do more with less.

"4 - the brand 'avocet' is an ecological progenitor to the 'sustainability revolution' and

"5 - the brand 'avocet' provides mechanisms that work more effectively with the planet's energy, water and food that positively impact on the world".

Despite such apparently high profile/key roles the life presidents will not be part of Board meetings.

In a series of shareholder letters over recent months, Mr Frost, in his role as chairman of Avocet Natural Capital (ANC), repeatedly warned of legal proceedings against those investors who forwarded his correspondence to third parties, including bloggers. There were also claims that his emails were fitted with tracking devices to identify miscreants who were sharing confidential information.

Eventually ANC management intimated that the company was unable to function, hence the need to set up Gennfros which will be protected by a non-disclosure agreement (NDA).

The Gennfros articles state at paragraph 101: "Given that the essence of the company is the formulation and commercialisation of intellectual property it is essential that this is kept secret. It is a condition of share and loan note ownership that complete secrecy is maintained.

Should a shareholder or loan note holder be found in breach of the company's NDA then such shareholding or loan notes they hold are forfeit and such forfeiture will be automatic in advance of any damages that they become liable to".

But if any investor wants to obtain a copy of the NDA they must request it from the company secretary 'upon 14 days notice'. 


Sunday, 22 November 2020

Omega's revival back on the agenda

by EWAN LAMB 

Shareholders in the 'disruptive technology' Avocet group were told in early August that funds had been secured to restore the debt-ridden former parent company Omega Infinite PLC to the Companies Register.

The news followed a private meeting between Avocet chairman Martin Frost and Omega's liquidators Begbies Traynor at which an indication had been given that the £3 million would come from the Frost family and colleagues. The cash would also allow accountants Ryecroft Glenton, former auditors of Omega, to produce overdue company accounts for 2018 and 2019 ' hopefully by the end of September 2020'.

But so far those accounts remain overdue while Mr Frost's promise at the time of legal action against the administrators of another insolvent company, Orrdone Farms Ltd. has yet to materialise.

Now a virtually identical scenario has emerged from another 'very productive' meeting between representatives of Omega's successor Gennfros Ltd. and Begbies Traynor on Thursday of last week.

Though not a director of Gennfros, Mr Frost told potential investors in the new company at the weekend that the Begbies Traynor meeting had been greatly assisted by "the promise next week of a £2.1 million share convertible loan from our new investors."

Such a sum will be small beer for the unidentified investors in Avocet's 'revolutionary' fuel additive for according to Mr Frost they are willing to inject £750 million into the business.

In his report on Thursday's proceedings Mr Frost revealed the loan meant:"Gennfros agreed to put Begbies into funds so that the Omega Infinite Plc restoration process to the Company House Register can begin; pay off certain Omega creditors especially AFS Ventures Plc (a company controlled by Mr Frost which has been in liquidation since 2015); pay Ryecroft Glenton to conclude the 2018 and 2019 audits for Omega & Orrdone; and put Gennfros Limited, and Avocet legal teams into funds so that litigation can proceed, particularly against the Orrdone Farms Limited Administrators."

In a shareholder letter to Avocet Natural Capital Ltd.'s investors in August Mr Frost provided an account of a meeting and 'convivial lunch' with Begbies Traynor, the Omega liquidators, in York.

He wrote: "The main purpose of the Friday meeting was to agree a procedure and methodology of how Omega Infinite Plc could be restored to the Company House Registrar and thereby to set down a procedure which would provide maximum cash benefit to Omega Infinite Plc shareholders.

 "Initially, there was a general agreement that the £3 million cash I had secured from Frost family and colleagues would be sufficient to settle Begbies fees along with all necessary creditor payments and statutory interest. 
 
"Indeed, at first, Mr. Ashleigh Fletcher (liquidator of Omega) got down to basics and the discussion moved to the timing of the £3 million transfer to Begbies and how soon thereafter all necessary payments might be made to restore Omega to the Registrar."
 
"I then explained to Begbies that measures were in hand to sue these people once Avocet had the benefit of Ryecrofts [they resigned as auditors for non-payment of professional fees] accounts for Omega and Orrdone for the years ending 2018 and 2019.

"When asked as to timing and upon the grounds the legal actions would take I agreed to (a) provide the twin company accounts prepared by Ryecrofts hopefully before the end of September 2020 and (b) provide (subject to counsel’s agreement) copies of relevant legal opinions as and when such fell due. I was further annoyed when Begbies indicated that they thought that the Orrdone Administrators might seek to challenge Ryecrofts 2017 audited accounts as it appears that the Administrators have been fed spurious misinformation.

"I advised Begbies that with the benefit of the current fact find and Ryecroft’s accounts I would expect serious legal action to commence no later than October 2020."

Following Mr Frost's disclosures regarding last week's meeting with Begbies Traynor we contacted the liquidator's public relations representatives.

Not Just Sheep & Rugby offered an opportunity for the insolvency practitioners to comment on Mr Frost's points. We also repeated an earlier request for a list of creditors for Omega Infinite and asked when a report to creditors was to be produced and submitted to Companies House

A Begbies Traynor spokesperson said: “In line with statutory requirements, an annual report to creditors will be lodged with Companies House within two months of the first anniversary of our appointment as Joint Liquidators on 28 April 2020 and will contain all of the information that we are required to provide to creditors."

The only public indication as to the level of Omega's indebtedness has been given by Mr Frost himself.

In February 2020, some two months before a Winding Up Order was obtained from the courts, Mr Frost informed Omega investors - 650 of them held 22 million shares at that time -  of management's intention to go down the insolvency route.

Mr Frost stated: "Omega Infinite Plc is to go into some form of insolvency. A winding up petition initiated by lawyers Fieldfisher for some £400,000 is to be heard in London; likely now to support this petition are lawyers Womble Bond Dickinson for another some £600,000 along with various other creditors for £300,000. The total trade creditor indebtedness of Omega Infinite Plc is likely to reach some £2.5 million, and on top of which there are private Avocet controlled loans in excess of £10 million."

 



Saturday, 21 November 2020

Transparency champion accused of "breaching confidentiality"

 by DOUG COLLIE

A lifelong advocate of local government transparency is facing a Standards Commission hearing for allegedly sharing confidential information with the public in his role as...A COUNCILLOR.

Hawick-born John Ross Scott, with distinguished careers in both journalism and public service, has apparently incurred the wrath of 15 fellow members of Orkney Islands Council (OIC) who submitted a complaint to conduct watchdog the Standards Commission for Scotland earlier this year.

Mr Scott is a former leader of Scottish Borders Council and served as chairman of the Orkney health authority for eight years after leaving the Borders in 2003. He is credited for introducing a much more open regime while at the health board.

As a newspaperman John, affectionately known in the Borders as 'JR', was chief reporter at the Southern Reporter for 16 years during which time the title picked up prestigious awards. He also occupied the editor's chair at the Hawick News for a time.

His CV also shows he was elected a Roxburgh District Councillor from 1980-85 representing Jedburgh South then won a by-election in Hawick West for a seat on Borders Regional Council (1985-1996). Served on that council as Chairman of Planning and Development and Chairman of Roads and Transportation then was elected to Scottish Borders Council (1995-2003) where he was Chairman of Technical Services then Council Leader.

He also served as Honorary Provost of Hawick from 1999-2002.

Following his move to Orkney Mr Scott was appointed editor of the newly formed Orkney Today newspaper and later became freelance editor of Living Orkney magazine, a post he still holds. He was elected as a councillor for the Kirkwall East ward of OIC at the 2017 council elections.

Not Just Sheep & Rugby understands that since Mr Scott became a councillor - his campaign slogan was 'add spice to the mix' - he has been trying to foster a greater degree of openness within Orkney council.

After all, the authority's website declares: "OPEN GOVERNMENT - We are well aware that local authorities can be seen by some as remote, mysterious and bound up in red tape. But the principle of open government is important to us."

But allies of Mr Scott say his attempts have been frustrated by the group of senior members who 'run the show'. Among the initiatives shot down in flames was an attempt to introduce a leaders' question and answer session, and a bid to give young people a greater say in council affairs.

According to The Orcadian newspaper which covered the controversy in its latest issue Mr Scott is one of the most 'visible' Orkney councillors.

The paper tells how news broke in May that Councillor Scott had been excluded from weekly briefings. He first became aware of concerns being raised by fellow members when he was accidentally copied into a group email.

The complaint to the Standards Commission is believed to centre on a Facebook post by Mr Scott in March in which he posted information in the wake of a private meeting relating to the breaking Covid-19 pandemic.

"A group of councillors had organised a meeting to discuss the Facebook post Councillor Scott had made but he was not invited to attend", reports The Orcadian.

OIC is populated by 18 Independent councillors (including Mr Scott), two members of the Orkney Manifesto Group and a solitary Scottish Green. The Orcadian suggests the two 'political' groups at OIC regard Mr Scott as their "opposition".

Not Just Sheep & Rugby contacted Mr Scott for comment but he explained he was not able to talk publicly about the forthcoming hearing at the Standards Commission. He hoped everything would become clear after that hearing and indicated that he had received numerous messages of support since the story broke locally.

The Commission website has the hearing of Mr Scott's case listed for January 18th 2021.

Sanctions available to the watchdog range from dismissal of the complaint up to disqualification as a councillor for up to five years. In between are Censure (a reprimand) and Suspension, involving a ban from attending council meetings for the duration of the 'sentence'.




Thursday, 19 November 2020

Gennfros co-owner could be dissolved by Companies registrar

by DOUGLAS SHEPHERD

Loch Lomond Heritage Ltd., the company which holds a 50% stake in the business destined to replace the Avocet 'disruptive technology' group faces the threat of being struck off the UK Register of Companies, according to a notice posted on the Companies House website.

It was recently revealed that Loch Lomond Heritage, controlled by Avocet chairman Martin Frost holds five million one penny shares in Gennfros Ltd. which was only incorporated at the end of September.

The other half of the shareholding in Gennfros is now in the hands of Chemical Technology Services Ltd, of Hutton Rudby, Yarm, Teesside. One of the two directors of that business, formed in 2006, is Dr James R Jennings.

He also sits on the board of various firms bearing the Avocet name, in particular Avocet Natural Capital [ANC] whose 650 investors have, between them, a reported 50 million shares. Mr Frost has announced the intention to dissolve ANC before long. 

Selected Avocet shareholders are currently being offered 'gift' shares in Gennfros while others have faced the indignity of being blackballed by Avocet's Board before being excluded from the giveaway process. They include 'dissidents' who have cast doubts on Avocet's ability to develop and market a revolutionary fuel which, according to Mr Frost, will render the electric car obsolete.

But a so-called Gazette Notice, issued on November 17th has the capability to render Loch Lomond Heritage Ltd. obsolete some two months from now.

The notice says: "The Registrar of Companies gives notice that, unless cause is shown to the contrary, the Company will be struck off the register and dissolved not less than two months from the date shown. Upon the company's dissolution all property and rights vested in, or held in trust for, the company are deemed to be bona vacantia (goods without an apparent owner) and will belong to the Crown".

There is no reason given for the action in the notice. But Loch Lomond Heritage's annual accounts up to June 30th 2019 should have been submitted to Companies House by June 30th 2020 which means the filing of finances is by now 142 days overdue.

Companies House literature on late filings stipulates: "Failure to file confirmation statements, annual returns or accounts is a criminal offence which can result in directors being fined personally in the criminal courts. Failure to pay the late filing penalty can result in enforcement proceedings."

Businesses face financial penalty fees for late filing of their accounts with private companies charged £750 and public companies £3,000 once they are more than three months beyond the deadline.

Meanwhile, in a Gennfros communication circulated by Mr Frost earlier today he declares: "I am appalled at the mischievous (sic) of some cyber warriors who have unfairly criticized Gennfros Limited’s share option gift.

"Plainly speaking: Loch Lomond Heritage Limited and the Chemical Technology Services Limited have physically purchased their shareholdings for £50,000 pounds each equating to a £0.01 pound per share. This purchase allows both Loch Lomond Heritage Limited and the Chemical Technology Services Limited to vote as members in the affairs of Gennfros Limited - if either company sells any of this shareholding there is NO further payment to Gennfros Limited."

Then Mr Frost goes on to write: "I am similarly annoyed by some ANC Plc shareholders who have already identified themselves as naysayers and keyboard warriors filibustering the timing of the Gennfros Limited gift process with Mr. Archie Garner. 

"Archie in a previous existence, as some of you know, was a premier RSM in the British Army so he is accurately acting according to his brief. Unfortunately, when conveying Gennfros Limited wishes, Archie has been the subject of much unwarranted abuse – and a 2-5 minute exercise has often taken 20 minutes or more.

"Consequently, the Gennfros Limited gift process is taking a week longer than budgeted which in turn delays all other matters by a week. Though not amused by this delay Gennfros Limited is using the extra time to tighten up upon its intellectual property and ensure that naysayers are appropriately dealt with.".

It has been claimed a collection of Gennfros patents will be worth £150 million, a claim challenged and rubbished by sceptics who warn Avocet intellectual property (IP) is about to be transferred to Gennfros without shareholders' permission.

But Mr Frost states: "Gennfros Limited’s intellectual property is new – it exists and has been independently verified by our new investors – and furthermore, there are significant and important step advances.

"That said, Gennfros Limited’s new IP does not make the IP housed in Avocet IP Limited redundant and as prior stated Avocet IP Limited will realize its IP for the benefit of first its creditors and then ANC Plc shareholders as a body."


Tuesday, 17 November 2020

Gennfros 'asset transfer' questioned by investors

 by DOUG COLLIE

The executive director of Gennfros Limited, the company set up to take forward the Avocet group's "disruptive technology" has circulated a timetable setting out how the fledgling replacement business will be developed.

But no sooner had Paul Newsham, a Lancashire-based chartered accountant and sole director of Glennfros issued correspondence to potential investors than shareholders in Avocet appeared to challenge any proposed transfer of assets between the firms.

Mr Newsham, who has been appointed to sit on the board of a number of Avocet affiliated companies over the course of this year, also warned of legal proceedings in the English courts against a number of individuals named Orr, a Berwickshire farming family.

Avocet chairman Martin Frost and fellow director Dr Bob Jennings had indicated they would not be directors of Gennfros although shares are held by a Frost family company called Loch Lomond Heritage Ltd. Mr Frost has also ruled that 'dissident' Avocet shareholders will not be offered a stake in Gennfros, and Avocet management has taken the unusual decision to 'blackball' a number of its own shareholders.

Now Mr Newsham, in his first public statement as head of Gennfros, says in a 'Dear Colleague' letter: "Gennfros Limited is a private English limited liability company with now an ‘authorized’ share capital of 50 million one penny shares alongside £10 million pounds of redeemable, interest free and unsecured loan stock. 

"Gennfros Limited’s worth is focused on families of newly created intellectual property with a current anticipated net worth more than £150 million pounds. An US based multinational is in advanced talks to purchase 14 million of the above out of the 50 million one penny shares at £3 per share – some 4 million direct from Gennfros Limited with a further 10 million from proposed Gennfros Limited shareholders."

And Mr Newsham continues: "It has taken an additional week to formulate ‘injunctive relief’ against Mrs. Aileen Orr, Andrew Orr, and John Orr’s false claims that Avocet IP Limited and separately Gennfros Limited’s IP [Intellectual Property] has their origin with Andrew Orr & John Orr – it is now hoped that interim injunctions will be obtained in the English High Court this coming week. Once, this remaining IP issue is satisfied the new investors will publicly make their purchase offer to those Gennfros Limited shareholders with a ‘gift option’."

Potential investors are then informed that the planned itinerary For Gennfros Ltd is to secure an interim injunction against IP 'transgressors'; lodge the company's new Articles of Association at Companies House; submit a Confirmation Statement; and then new investors to purchase Gennfros shares from the company and shareholders.

However, an Avocet shareholder who has criticised the group for failing to bring any products to the market since its formation in 2014 told Not Just Sheep & Rugby: "I question the ability of Gennfros and/or Avocet officers to legally transfer Avocet assets to a new company without consent from shareholders. It is a fact that no new patents have been filed and plainly obvious that existing ANC PLC shareholders are being discriminated against."

Gennfros has also produced a document outlining how the methanol-based fuel additive, previously promoted by the Avocet Group can be manufactured together with a list of its merits.

But one observer commented: "Based on the methanol write up, it appears the Gennfros breakthrough technology is almost entirely made up of Avocet paid-for IP."

At the same time a poster on the Avocet Shareholders' Forum wrote: "In the Methanol write-up, I saw no sign of the “some forty plus filed and to be filed new patents” quoted by Martin Frost on October 29, 2020 that Frost promised would be the foundation of Gennfros.

"Instead, despite his commitment that 'Gennfros Limited has not even used the ‘avocet’ name let alone any intellectual property', Frost’s write-up contains numerous references to existing Avocet IP, now very interestingly renamed as Gennfros/avocet. It would appear that the Avocet shareholders already own all or a significant part of the IP that Gennfros is being based on. In my opinion, we are being sold mutton dressed up as lamb."

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Monday, 16 November 2020

Rich pickings from council's £11 million PFI payment

EXCLUSIVE by DOUG COLLIE

The company running the controversial Private Finance Initiative [PFI] project which built three Scottish Borders secondary schools recorded a £1.1 million operating profit last year and sent a £380,000 dividend to its parent group based in Luxembourg.

These are among the financial statistics contained in the annual accounts of the Scottish Borders Education Partnership Ltd. (SBEP), a business with no employees and which shares a registered address in Maidenhead, Berkshire with a multitude of similar PFI ventures.

In 2020/21 Scottish Borders Council will pay £11.457 million towards the cost of funding and maintaining its secondary schools in Eyemouth, Duns and Earlston which were completed in 2009. The deal with SBEP runs until November 2038, and according to the council's latest annual accounts a further £260 million worth of payments is outstanding.

The £11.457 million is made up of  £5.401 million for services, £3.226 million goes towards reimbursement of capital expenditure and £2.830 million is needed to cover interest payments. The total paid in 2019/20 was £10.999 million. Council figures also show further interest payments over the lifetime of the agreement will come to £42.271 million.

Council pay-outs for PFI have escalated sharply over the last five years. Audited accounts for 2014/15 showed the total bill was £8.296 million comprising £5.520 million for repayment of liability and service charges plus £2.776 million in interest charges. It means this year's costs are 38% higher than in 2014/15.

SBEP sub-contracts the maintenance and operation of all three schools to Amey. That 30 year deal, struck in 2008 was worth £58 million to the company. Amey was part of a consortium which persuaded councillors to sanction the expensive arrangements with German PFI specialists Bilfinger Berger BOT as lead promoter and sponsor, together with Ulster-based Graham Construction.

Amey is responsible for facilities management of the three schools including buildings and grounds maintenance, security, caretaking and cleaning.

The massive contract provides a regular income stream to SBEP Ltd subject to deductions for service shortfalls or the unavailability of the school buildings.

The newly published accounts for the partnership show an operating profit of £1.111 million on turnover of £3.837 million. Administration expenses totalled just £17,000. The overall profit was up from £945,000 in 2018. SBEP directors Albert Naafs and Frank Schramm were able to approve and pay dividends of £380,000 (2018 £259,000).

Looking to the future the report says: "The project continues to perform generally in line with the modelled expectations and management of the scheme both logistically and financially remains under control. The directors remain confident that the company will maintain the current level of performance and keep meeting the obligations under the contract".

Among other facts recorded in the report are cash at bank and in hand £4.192 million (up from £3.727 million at the end of 2018) and "interest is imputed on the finance debtor (Scottish Borders Council) using an asset specific interest rate of 5.27%".

Meanwhile SBEP has loans totalling £68.330 million with Prudential Annuities Ltd and Prudential Retirement Income Ltd with a 2.604% index-linked coupon.

All of the share capital in Scottish Borders Education Partnership is held by Scottish Borders Education Partnership (Holdings) Ltd., also registered at the same Maidenhead address. In turn 100% of the shares in the holding company lie with BBGI Investments S.C.A., an indirect and wholly owned subsidiary of BBGI SICAV S.A., both registered and domiciled in Luxembourg.

The BBGI conglomerate control a significant number of PFI projects throughout the United Kingdom.

A report prepared for the Scottish Parliament in 2018 calculated the annual amount local authorities in Scotland pay to various PFI operators for the use of school buildings constructed under the system totalled £434 million, equal to almost ten per cent of the education budget.

Friday, 13 November 2020

Borders housing market remains "worryingly sluggish"

 by DOUG COLLIE

The millions of pounds needed to cover infrastructure costs to facilitate development on Lowood Estate, near Melrose, may have to come from the publicly funded Edinburgh & South-east Scotland City Region Deal, a report to Scottish Borders Council has suggested. 

Almost two years after Scottish Borders Council paid £9.6 million to purchase Lowood there is no public indication that private builders are about to get involved in the phased development of the site next to Tweedbank. This despite claims during negotiations for the controversial land deal that a number of builders had been knocking on the previous owner's door.

A so-called Strategic Housing Investment Plan [SHIP] to be considered by the Council's Executive later this month suggests a Lowood first phase of 30 'affordable' houses for rent, to be built by Eildon Housing Association, will not be completed until financial year 2024/25, some six years after the prime site was bought from the Hamilton family.

And there are warnings in the SHIP report that housing construction in the Borders is not witnessing much demand for new builds.

It says: "Beyond the provision of affordable housing for social rent, the Scottish Borders general house building position over recent years has mirrored the national picture to a degree reflecting a significant and concerning reduction in the number of new homes being built and brought to the market.

"Albeit there has been some market recovery elsewhere in Scotland and the UK, the Scottish Borders housing market remains worryingly sluggish with annual house sales and completions less than those prior to the financial crash. In addition, this is also evidenced by the number of new homes built on average each year. 

"In 2013-2014, 288 homes were completed, rising to approximately 370 in 2015-2016, dropping again to 309 in 2016-2017, dropping further to 250 in 2017-2018, and 2018-2019 saw just 220 houses being built. These figures include the affordable housing completions in those years. These can be contrasted to 717 new homes being delivered when the market was at its peak in 2006-2007 when only 60 of these were built for social rent, whereas 130 of last year’s 220 were for social rent. 2019/20 all tenure house completion figures are not available at the time of writing."

The only specific building programmes for Lowood contained in the Borders SHIP are those by Eildon HA - a further 25 rental properties planned for 2025/26 plus 40 more in a 'pipeline development project' - and an additional four units to be completed in 2024/25 by Scottish Borders Housing Association.

In a separate reference to Lowood the report explains: "In December 2018, the Council purchased the Lowood Estate, Tweedbank. This the only Scottish Borders strategic housing site identified in the Borders Railway Corridor and in the South East Scotland City Region Deal.

"A Consultation Draft Supplementary Planning Guidance has been agreed and has been out to public consultation which closed on 5 May 2020. However due to the Covid-19 outbreak it may be some time before it can be referred to Members for approval.

"Once agreed, the Supplementary Planning Guidance will frame further future work to be done to develop and agree a master plan for the development and develop a funding and infrastructure investment phasing package to implement this. As the situation clarifies, the Council may need to develop a Business Case in order to seek to secure infrastructure funding via City Region Deal processes."

Borders councillors were told at private meetings in 2018 that the total amount of cash needed to deliver their Tweedbank Masterplan would be some £216 million. The Lowood element would require £106 million, including £10 million to purchase the estate.

Various infrastructure costs linked to future developments at Tweedbank/Lowood were quoted at more than £21 million.

Apart from money in a 'housing pot', the City Deal allocated £15 million for the Central Borders Innovation Park. When details concerning the park emerged in August 2018 senior councillors claimed the project would deliver "hundreds of jobs over many years and add £353 million into the Scottish Borders economy".

However, a progress report posted on the City Deal website in October revealed that due to the Covid pandemic only £116,000 of the £15 million grant had been claimed. The website notes: "Variance due to Covid-19 and the inability to commence construction with the Class 4 building".


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." 

Monday, 9 November 2020

New shares not for the 'mean spirited'

 by EWAN LAMB

The revelation that Gennfros Ltd., the company set up to replace the 'disruptive technology' Avocet group is 100 per cent owned by the Frost and Jennings families comes just ten days after investors were told neither chairman Martin Frost nor fellow director Dr Bob Jennings would be personal shareholders in Gennfros.

This apparent contradiction has been seized upon by dissident Avocet shareholders, a number of whom have been "blackballed" at the behest of Avocet management and will not be offered a stake in the Gennfros operation.

Mr Frost has circulated the hundreds of Avocet shareholders with an email called A Better Understanding of Gennfros Limited in which he sets out the criteria under which existing investors will be gifted shares. The intention is to dissolve Avocet Natural Capital which, according to Mr Frost, has become 'unworkable'.

He has on numerous occasions expressed his wrath at those who have questioned the "complete lack of progress" and the absence of any cash return for investors six years after the Avocet range of businesses started up despite holding patents said to be worth tens of millions of pounds.

The new email explains: "Gennfros Limited is a private limited liability company currently indirectly jointly owned (100%) by the Jennings and Frost families. The company’s main objective is the development and commercialization of intellectual property. 

"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."

Potential investors are also told that because of their idealistic philosophy encompassing natural capital views the Jennings and Frost families are keen to gift others entitlement options to purchase shares in Gennfros Limited. Some of these individuals are current shareholders in Avocet Natural Capital Plc.

The letter says: "So if an ANC Plc shareholder holds 10,000 shares then this holder is likely to be offered an option to acquire 10,000 Gennfros Limited shares, that said if a timely approach to Gennfros (the grantor) is made then this option entitlement for 10,000 Gennfros Limited shares can be split at the grantee’s request amongst his family, friends, and associates (i.e. such as 10 parcels of 1,000) providing the delegated grantee is an agreeable party to Gennfros Limited."

For several months now Mr Frost has claimed wealthy new investors are waiting in the wings, ready to exploit Avocet's 'revolutionary' fuel additive which will, in the chairman's view, render electric vehicles obsolete. But sceptical investors have challenged Mr Frost to name the mystery investors and lay out their proposals for all to see.

According to the latest email: "From new investors, after 17th November, select Gennfros grantees will receive a cash offer for part or all of their option shareholdings. It is expected that the new investors will take 10 million Gennfros shares from grantees while simultaneously purchasing for cash a further four million Gennfros shares – all at the price of £3 per share."

Later today a list of ANC Plc shareholders who have not been 'blackballed' by the company's bosses is expected to be published. 

Mr Frost declares: "Gennfros Limited’s new investors do not wish to be associated with any perceived troublesome ANC Plc shareholders – so not all ANC Plc shareholders will receive an offer of Gennfros Limited shares. Being a private company all Gennfros Limited shareholders are being vetted not only by the Jennings and Frost families but by the new investors – appeal of this process is possible via the arbitration committee,

"Gennfros Limited shareholder should be a person or institution who has a firm belief in natural capital objectives and who is not mean spirited. The new investors are annoyed by recent perceived badness and mischievousness from some existing Avocet shareholders – such shareholders will not be receiving an offer and dependent on the magnitude of the untruth such ANC Plc shareholders or their lackies [sic] are likely to be sued. Note: our new investors are famed in ensuring that the shareholder majority may freely enjoy share ownership, they take badmouthing and pettiness very seriously."

The Avocet Shareholders' Forum has experienced heavy contributor 'traffic' following this latest move to exclude the 'mean spirited' from Gennfros.

One poster wrote: "Martin Frost on October 29th, 2020: '….neither Bob Jennings nor Martin Frost shall be.…personal shareholders of Gennfros Limited.' Martin Frost on November 8th, 2020 "Gennfros Limited is a private limited liability company currently indirectly jointly owned (100%) by the Jennings and Frost families."

And one shareholder who has lost all faith in Avocet commented: "How can any business separate troublesome investors from obedient 'yes men and women' in its dealings? The Gennfros scenario as outlined in the message I received is totally ridiculous and unacceptable under company law".

Friday, 6 November 2020

Borders council unhappy with £380,000 HQ valuation

 EXCLUSIVE by DOUG COLLIE

Scottish Borders Council has lodged more than 20 valuation appeals and has appointed agents to challenge business rate assessments on its local authority properties, including the headquarters building in Newtown St Boswells.

According to a citation list for a hearing of the local Valuation Appeal Committee scheduled for November 18th the council together with other public authorities including Police Scotland, Scottish Courts & Tribunals Service, the Ministry of Defence, Scottish Water, and Borders College have submitted 116 separate appeals after receiving declarations from the regional assessor.

The list includes council offices, leisure centres, swimming pools, police stations, court buildings and even most of the sewage works scattered across the region.

In SBC's case the HQ office complex tops the valuations at £380,000 with Hawick's Teviotdale Leisure Centre on £280,000. Between them the 21 council properties which are the subject of appeals have rateable values of more than £1.8 million. 

The current rate poundage applied to non-domestic properties in Scotland stands at 49.8 pence in the pound with all money collected from business rates ending up in local government coffers. SBC has engaged chartered surveyors D M Hall in a bid to have their valuations reduced.

Council properties listed for the appeal hearing with their proposed valuations are: Outdoor Centre, Grantshouse £8,800; Swimming Pool, Duns £82,700; Swimming Pool, Eyemouth £97,500; Swimming Pool, Galashiels £97,200; Sports Centre, Galashiels £39,300; Bus Station, Galashiels £75,100.

Swimming Pool, Selkirk £71,000; Council HQ, Newtown St. Boswells £380,000; Outdoor Centre, Towford, Jedburgh £2,000; Offices Hawick High Street £100,000; Heritage Centre, Hawick £76,500; Community Centre, Hawick £65,000; Teviotdale Leisure Centre, Hawick £280,000.

ACF Centre, Jedburgh £4,150; Swimming Pool, Jedburgh £66,300; ACF Centre, Kelso £4,800; Swimming Pool. Kelso £72,300; Sports Centre, Peebles £130,000; ACF Centre, Peebles £5,700; Offices, Peebles £28,300; Swimming Pool, Peebles £78,000.

Avison Young, agents for Police Scotland, are involved in valuation appeals for the police stations at Eyemouth £12,400, Coldstream £9,000, Duns £23,700, Galashiels £64,600, Selkirk £16,400, Melrose £18,200, Lauder £8,300, Hawick £142,500, Jedburgh + office £21,250, Kelso £16,900, and Peebles £27,700.

Among other properties included for the November 18th hearing are AFC Centre, Eyemouth (Ministry of Defence) £11,500; Day Centre, Galashiels (Borders College) £35,500; University, Galashiels (Heriot-Watt) £132,500; College, Galashiels (Borders College) £704,000.

Territorial Army Centre, Galashiels (MOD) £47,600; ATC Centre, Galashiels (MOD) £14,000; Sheriff Court, Duns (Scottish Courts & Tribunal Service) £8,300; Sheriff Court, Selkirk £32,800; Crematorium, Melrose (Westerleigh Group Ltd) £44,000.

Office Tweedbank (Scottish Government) £59,700; Offices Tweedbank (Scottish Public Pensions Agency) £245,000; College Newtown St Boswells (Borders College) £27,300; Investigation Centre, Greycrook, St Boswells (Scottish Agricultural College) £37,400.

College, Hawick (Borders College) £67,400; Sheriff Court, Jedburgh (Scottish Courts & Tribunal Service) £43,000; Day Centre, Innerleithen (NHS Borders) £12,900.

Wednesday, 4 November 2020

A conspiracy theory and 'blackballing' as Avocet implodes

 by EWAN LAMB

Avocet Natural Capital, the £50 million 'disruptive technology' company with its eyes on world domination of the fuel market, has been unable to withstand a 'conspiracy' masterminded single-handedly by a Berwickshire farmer's wife, according to the firm's chairman.

In what has been described as a sensational turn of events, Avocet chief Martin Frost today announced the dissolution of ANC PLC. 

Meanwhile a group of named investors in the Group have been 'blackballed' and will not be receiving gifts of shares in a new company called Gennfros Ltd. A number of those barred have been highly critical of Mr Frost for the lack of any progress in bringing Avocet's 'revolutionary' fuel additive to the market.

In a letter to ANC shareholders today Mr Frost declares: "On Tuesday 3rd November 2020, in accordance with the Articles of Avocet Natural Capital Plc and with regard to the directors fiduciary duty to ANC Plc it was formally decided that ANC Plc should be dissolved and that ANC Plc’s net assets be realized. Then that these funds be returned to ANC Plc shareholders (given Aileen Orr's inspired negations) while ANC Plc still had assets to be realized."

Mrs Orr has been the target for vitriolic verbal attacks by Mr Frost in a series of shareholder letters which appeared to have nothing to do with company business.

According to today's letter from the Avocet chairman: "Central to this decision is the fact that ANC Plc has become unworkable due to the activities of Mrs. Aileen Orr. For some four years, Avocet and its directors have been the target of a conspiracy masterminded by Mrs. Aileen Orr in her guise of a Scottish Government official to deceive and influence. 

"Using her phony position and claims, Aileen built around her an interfacing group of shareholders, lawyers, accountants, police, and crown officers who collectively climbed aboard, cross-fed themselves and compounded her conspiratorial shibboleths."

It is also alleged that Mrs Orr recruited "Avocet outsiders to badmouth via her claimed independent ‘Avocet Shareholders Forum’ and by no less than 50,000 attack emails in 2020 to Avocet executives, shareholders, bankers, professional bodies etc."

But Mrs Orr, who has strenuously denied having any part in setting up the Avocet Shareholders' Forum, told us: "The contents of this email are bizarre and frightening. My concern is that anyone believes it for the safety of my family and indeed myself.” She confirmed that lawyers were 'looking over everything'. 

Although not a director of the fledgling Gennfros, Mr Frost announced earlier this week that like ANC the newcomer (it currently has 50,000 shares) would have 50 million shares. Half of the existing holding is in the hands of Loch Lomond Heritage Ltd., a company controlled by the Frost family.

Mr Frost explained: "The current owners of Gennfros Limited are giving a large percentage of their share entitlement in Gennfros Limited to selected shareholders of Avocet Natural Capital Plc."

However, certain ANC shareholders would be denied an entitlement to Gennfros shares because they had not paid for their holdings in Avocet Infinite, the original parent company which is now in the hands of liquidators.

Mr Frost revealed that over one million shares fall into the Avocet Infinite Plc non-payment category, and in the main relate to unpaid ‘gifts’. At the same time he claimed: "Over 500,000 shares fall in the AFS Ventures Plc non-payment category".

AFS Ventures is another business directed by Mr Frost which has been going through a liquidation process since 2015 following a Declaration of Solvency made by management at the time liquidator Eric Walls was appointed.

But Not Just Sheep & Rugby has been contacted by a party who told us only 50,000 shares were ever issued in AFS Ventures. Our contact asked: "Where the hell have the other 450,000 shares in AFS come from?"

Today's letter states: "Gennfros Limited has decided not to offer a share entitlement to Mrs. Aileen Orr, and many members of her long family. Again, as a result of the above - ‘blackballs’ are received against the following: the Jeffrey family, the Munro family, the Walker family, the Christie family, etc – all of which are referred to the Gennfros Limited adjudication committee."

A number of shareholders in ANC say they believe the dissolution of that company will be handled by an insolvency practitioner. 

One investor commented: "The business faces its third major restructuring in little more than a year yet six years after the original company was incorporated there is absolutely no sign of it about to trade its products on the global markets. 

"I'm afraid Mr Frost's recent talk of wealthy investors coming on board is being regarded with extreme scepticism by many of us. I would challenge Avocet's management to identify their mysterious sugar daddy who apparently has more cash than the total monetary power of Scotland".