by BILL CHISHOLM, proprietor of Not Just Sheep & Rugby blogging site
For the second time in the space of four days businessman Martin Frost, the chairman of Avocet Natural Capital PLC, is threatening me with legal action according to his latest letter to shareholders, although I have not been provided with the details of any proposed litigation and have not heard from any law firm.According to my records Mr Frost has held out the prospect of criminal or civil prosecution, the likelihood of a referral to the Information Commissioner's Office or has aimed personal written insults in my direction in almost a dozen separate pieces of correspondence with Avocet investors since July 2020.
And yet I have escaped relatively lightly compared to a number of other unfortunate individuals who have been repeatedly targeted with damaging allegations and frankly disgusting verbal onslaughts.
The correspondence signed off by Mr Frost occasionally makes reference to discussions he has apparently had with lawyer Kit Jarvis, of FieldFisher, solicitors.
For example: ANC shareholders were informed as recently as May 22nd in a document titled ‘Pending and Proposed Litigation’ that the directors of the company had been consulting with counsel, including Mr Jarvis, for three weeks with a view to launching and pursuing litigation against an endless list of ‘naysayers’ and alleged miscreants, including yours truly.
However, there is no evidence to show that Mr Jarvis or his firm had any hand in drafting or circulating that document.
Then today (Thursday) Mr Frost writes: "Last weekend a general litigation warning was issued. Aileen Orr’s acolytes took no notice but instead upped their insulting game. Consequently: Journalist Mr. W. Chisholm is today subject to court action...."
My bulging "Avocet" file of Mr Frost's jibes and insults catalogued alongside repeated threats of litigation may not be comprehensive. But here is a summary of events (so far), with outcomes appended where appropriate. Note: the dates relate to publication of articles on the blog:
July 6th 2020 - In the latest letter to 650 shareholders of his 'disruptive technology' businesses Mr Frost claimed that anyone who visited my blogging site was 'electronically tagged & harvested - enabling Chisholm and third parties to track & back track their visits, exchanges & intromissions – an obvious invasion of privacy!'
Sorry to disappoint but the claim was totally nonsensical: a work of fiction.
Likewise, Mr Frost's frequent description of me - quoted in the same letter - as an 'acolyte' of Mrs Aileen Orr is a complete fantasy of his. I've never met Aileen Orr nor any of her family members who appear to be regular targets for Mr Frost's wrath..
July 12th 2020 - I receive an email from Avocet Natural Capital company secretary Eirlys Lloyd in the following terms:
Dear Mr Chisholm,
A number of Avocet Natural Capital Plc shareholders have brought to the directors' attention that a breach of section 170 of the Data Protection Act 2018 has occurred, in that a person or persons have unlawfully obtained or disclosed personal data without the consent of the company. It is understood that you may have been involved in this crime. This has been brought to the attention of the police who are now investigating.
In respect that you may have been so involved we ask that you immediately desist, apologise to the company, and that you forward and sign an agreement , to the company, stating that you will so desist from such action in breach of the said Data Protection Act 2018 section 170. Said signed agreement should be received by the company at 25, Palace Street, Berwick upon Tweed TD15 1HN by 4pm on Tuesday 14th July 2020. In the event of said signed agreement not being received injunctive and interdict proceedings will follow.
Please note that your desist action may mitigate any civil damages claim though it will not effect criminal prosecution which is independently adjudicated.
Regards,
Eirlys Lloyd EIRLYS LLOYD COMPANY SERVICES LTD Company Secretary
There was no indication in the email issued by Mrs Lloyd as to the nature of the alleged 'crime'. I have yet to hear further from the police, and did not sign any agreement to 'desist'. Not a single ANC shareholder has contacted me with a grievance.
July 19th 2020 - I'm attacked by Mr Frost again when he tells shareholders I run a web-blog fuelled with deprecating articles – and to make things worse he dubs me 'a strong SNP supporter though once a brilliant reporter the jury (as with me) currently judges him as past his best.'
For the record I've never been a member of the SNP although other family members may be, and the last time I looked membership of that particular political party did not constitute a criminal offence. I've never been a brilliant reporter either, so he couldn't even get that bit right!
August 2nd 2020 – I’d invited Mr Frost to respond to the destruction of James Christie’s farm buildings in Northern Ireland as a result of Avocet's business activities.
The serious issues raised were not addressed. Instead Mr Frost concentrated on his perceived impression of breaches in Avocet's NDAs (Non-Disclosure Agreements), adding "from your own published articles it is clear from whence your information has come".
September 22nd 2020 - Mr Frost told shareholders in his company that 'Avocet has obtained the right to oblige Mr. W. Chisholm to render up his source names'. However, since then no authority has advised me that Avocet has been granted any such right, and for the record, no source names have been rendered up and none will be at any time.
October 17th 2020 - Possible extradition to the USA? Mr Frost announced his intention to raise court actions in Delaware against those who had been forwarding his shareholder letters to outsiders, including this blogging site.
This one can be filed under 'ludicrous' or 'bizarre'.
December 28th 2020 - A late Christmas present as Avocet's chairman promises a host of legal actions against the Group's critics and 'naysayers' including the proprietor of Not Just Sheep & Rugby.
March 8th 2021 - A particularly nasty and sinister jibe which was published nonetheless. In a wide ranging attack on the usual suspects Mr Frost called me the "Scottish Borders Goebbels".
I was under the impression that Nazi-themed slights were a thing of the past.
And finally:
May 23rd 2021 – A newsletter from the Avocet chairman reveals that researchers are to open files on a familiar list of Avocet critics and dissidents with total claims in subsequent writs estimated by Mr Frost to exceed £100 million. However, there is an acknowledgment that some of us may be unable to pay up in the wake of successful court judgments so the expected sum is forecast to be a more modest £20 million.
There seems little prospect that this constant threat of litigation will cease while shareholders seemingly continue to sanction Mr Frost's activities.
My bulging "Avocet" file of Mr Frost's jibes and insults catalogued alongside repeated threats of litigation may not be comprehensive. But here is a summary of events (so far), with outcomes appended where appropriate. Note: the dates relate to publication of articles on the blog:
July 6th 2020 - In the latest letter to 650 shareholders of his 'disruptive technology' businesses Mr Frost claimed that anyone who visited my blogging site was 'electronically tagged & harvested - enabling Chisholm and third parties to track & back track their visits, exchanges & intromissions – an obvious invasion of privacy!'
Sorry to disappoint but the claim was totally nonsensical: a work of fiction.
Likewise, Mr Frost's frequent description of me - quoted in the same letter - as an 'acolyte' of Mrs Aileen Orr is a complete fantasy of his. I've never met Aileen Orr nor any of her family members who appear to be regular targets for Mr Frost's wrath..
July 12th 2020 - I receive an email from Avocet Natural Capital company secretary Eirlys Lloyd in the following terms:
Dear Mr Chisholm,
A number of Avocet Natural Capital Plc shareholders have brought to the directors' attention that a breach of section 170 of the Data Protection Act 2018 has occurred, in that a person or persons have unlawfully obtained or disclosed personal data without the consent of the company. It is understood that you may have been involved in this crime. This has been brought to the attention of the police who are now investigating.
In respect that you may have been so involved we ask that you immediately desist, apologise to the company, and that you forward and sign an agreement , to the company, stating that you will so desist from such action in breach of the said Data Protection Act 2018 section 170. Said signed agreement should be received by the company at 25, Palace Street, Berwick upon Tweed TD15 1HN by 4pm on Tuesday 14th July 2020. In the event of said signed agreement not being received injunctive and interdict proceedings will follow.
Please note that your desist action may mitigate any civil damages claim though it will not effect criminal prosecution which is independently adjudicated.
Regards,
Eirlys Lloyd EIRLYS LLOYD COMPANY SERVICES LTD Company Secretary
There was no indication in the email issued by Mrs Lloyd as to the nature of the alleged 'crime'. I have yet to hear further from the police, and did not sign any agreement to 'desist'. Not a single ANC shareholder has contacted me with a grievance.
July 19th 2020 - I'm attacked by Mr Frost again when he tells shareholders I run a web-blog fuelled with deprecating articles – and to make things worse he dubs me 'a strong SNP supporter though once a brilliant reporter the jury (as with me) currently judges him as past his best.'
For the record I've never been a member of the SNP although other family members may be, and the last time I looked membership of that particular political party did not constitute a criminal offence. I've never been a brilliant reporter either, so he couldn't even get that bit right!
August 2nd 2020 – I’d invited Mr Frost to respond to the destruction of James Christie’s farm buildings in Northern Ireland as a result of Avocet's business activities.
The serious issues raised were not addressed. Instead Mr Frost concentrated on his perceived impression of breaches in Avocet's NDAs (Non-Disclosure Agreements), adding "from your own published articles it is clear from whence your information has come".
September 22nd 2020 - Mr Frost told shareholders in his company that 'Avocet has obtained the right to oblige Mr. W. Chisholm to render up his source names'. However, since then no authority has advised me that Avocet has been granted any such right, and for the record, no source names have been rendered up and none will be at any time.
October 17th 2020 - Possible extradition to the USA? Mr Frost announced his intention to raise court actions in Delaware against those who had been forwarding his shareholder letters to outsiders, including this blogging site.
This one can be filed under 'ludicrous' or 'bizarre'.
December 28th 2020 - A late Christmas present as Avocet's chairman promises a host of legal actions against the Group's critics and 'naysayers' including the proprietor of Not Just Sheep & Rugby.
March 8th 2021 - A particularly nasty and sinister jibe which was published nonetheless. In a wide ranging attack on the usual suspects Mr Frost called me the "Scottish Borders Goebbels".
I was under the impression that Nazi-themed slights were a thing of the past.
And finally:
May 23rd 2021 – A newsletter from the Avocet chairman reveals that researchers are to open files on a familiar list of Avocet critics and dissidents with total claims in subsequent writs estimated by Mr Frost to exceed £100 million. However, there is an acknowledgment that some of us may be unable to pay up in the wake of successful court judgments so the expected sum is forecast to be a more modest £20 million.
There seems little prospect that this constant threat of litigation will cease while shareholders seemingly continue to sanction Mr Frost's activities.
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