Avocet directors face enforcement action

EXCLUSIVE by OUR BUSINESS STAFF

The three directors of an Avocet farming business who have repeatedly refused to assist or co-operate with the company's administrator face individual court actions under insolvency laws to force them to divulge information about the firm's complex financial affairs.

A new report to creditors from Emma Porter, administrator of Orrdone Farms Ltd. contains details of the legal proceedings which she hopes will be progressed in the near future following extensive court delays caused by Covid restrictions. 

The directors of the £1 company, which has debts of more than £5 million, are Martin Frost, Janet Orr Frost and Robert Jennings. Ms Porter's report makes it clear that all three have continued to ignore her requests for information as part of her investigation.

Ironically, Mr Frost has told Avocet shareholders on numerous occasions that the Orrdone administration team would be the subject of legal action by company lawyers in a bid to gain vast sums of compensation.

The administrator's report, covering the period January to July 2021, says: "The non-co-operation of all of the directors of the company has continued during the period. The administrator's work has been severely curtailed throughout the administration by the directors' failure to provide any satisfactory explanation as to the state of the company's affairs as at the time of the administrator's appointment".

And she adds: "As this is in direct contravention of their statutory duties as directors, the administrators are pursuing legal channels available to them under the Insolvency Act 1986".

The report explains that the latest audited accounts for Orrdone Farms Ltd. were for 2017. Numerous allegations had been made by the directors about both the assets and the liabilities of the company, none of which had been substantiated due to a lack of evidence provided.

"On the advice of her solicitors, the administrator is seeking individual court action against the directors to enforce their co-operation under the following sections of the Insolvency Act:

"Section 234 - Getting in the company's property; Section 235 - Duty to co-operate with office holders; Section 236 - Inquiry into company's dealings".

Ms Porter confirms she continues to be made aware 'from a number of sources' of extensive correspondence issued to a wide variety of parties commenting directly on the administration procedure or the administrators personally.

She comments: "The extensive correspondence continues to be at best often inaccurate and in many instances inappropriate. Our investigations suggest the primary purpose of these communications is to deflect attention away from the matters in hand in order to delay unnecessarily the progress of the administration".

But despite the unfortunate obstruction and deflection tactics employed by the directors, Ms Porter is able to report some progress with the administration, including the sale of Harcarse Hill farm, once the headquarters of Avocet's farming operations.

The contents of the farmhouse - said by Mr Frost to be worth several millions of pounds - were valued at just £33,000, according to the report. The Omega Infinite liquidator laid claim to these assets, and the contents are being held jointly by liquidator and administrator while inquiries continue.

Mr Frost has also claimed valuable family belongings have been lost from Harcarse Hill with other items suffering damage.

The administrator writes: "Numerous attempts were made to the directors requesting that they remove their personal items. However, they declined to make arrangements for collection".

The latest creditor statement dated July 31st 2021 shows the sum of £4,043,000 remains outstanding to the secured creditors including UK Agricultural Lending Ltd. Interest will continue to run on the debt until it is settled.

Meanwhile the following sums are due to Orrdone by other 'Avocet' companies: Avocet Faculties Ltd £88,864; Avocet Infinite Renewables Ltd £77,540; Harris Endeavour Ltd £194,031. And Ms Porter points out that money due from the former parent company Omega Infinite PLC (in liquidation) amounts to £1,900,605 plus VAT. This is in respect of the sale of the whole of the trading assets from Orrdone Farms on June 1st 2019.

"The vast majority of the 158 potential creditors identified have not submitted a claim or notified their intention to submit a claim", states the report. "This includes 29 companies associated with the Avocet Group. It therefore remains the view of the administrator that these companies are not genuine creditors". Unsecured creditors' claims totalling £915,544 have been received.

A further complication is a claim against Orrdone Farms of £10,395,737 received from Omega Infinite (in liquidation) earlier in August. This will require further investigation.

Borders nursing home rated 'weak' by inspectors

by DOUGLAS SHEPHERD

A Galashiels nursing home had to be given a deep clean after a team of inspectors discovered food debris  under tables and chairs and on the dining room floor, according to a report from Scotland's Care Inspectorate.

And the unannounced inspection earlier this month also found residents were eating and drinking from plastic plates and cups. The report states: "People having meals in their rooms were served their meal without any tray or table which resulted in them having to hold plate with one hand and using the other to hold cutlery and eat. This was despite bedside tables being available.”

Galashiels Nursing Home, which currently has 30 people receiving care is run by Edinburgh-based Pryce & Co. Ltd. 

As the Inspectorate report points out the home's mission statement declares: "Galashiels Nursing Home provides a safe and secure environment, and professional nursing care in homely, and comfortable surroundings. Individuality and independence are both assisted, and encouraged, with privacy and dignity being respected at all times. Residents in our care are encouraged to prolong vitality, with physical and mental activity". 

Following the inspection, carried out over two days, the three inspectors rated the home 'weak' in all aspects covered by the visit with a score of only two out of a possible six.

Some people living in the home who were able to give feedback said the staff were nice, very attentive, but always busy. There was a lack of meaningful activity, and they [the residents] had little to do.

"There were some people who said that staff sometimes had time to spend chatting with them, but this was generally not the case and we saw there were a number of people who spent the day in their room with little or no interaction out with care tasks. There appears to be an acceptance from people that this is normal."

The report concedes that staff were well-meaning in their actions and clearly wanted to take care of people. However, the care was routine, task led and not person centred. As a result, people did not always get the care and support that was right for them. The care staff were caring and considerate when engaging in direct care. There was a lack of meaningful interactions out-with fundamental care because there was not enough staff.

"Staff were too busy to spend quality time with the people they supported. This meant people were left by themselves, often in their rooms, for large parts of the day. This showed an overall lack of respect for the care of people supported and weak practice."

And: "People who experienced stress and distress, depression or anxiety were not always supported and cared for in a way that was right for them."

A section of the report concerning cleanliness includes the following statement: "The home was not cleaned to an acceptable standard. There was food debris under tables and chairs and on the dining room floor. Some mattresses and bedding were stained, and bedding was of poor quality. Not all bathrooms in use had soap in them, which is an essential part of handwashing. A deep clean of the home was organised after our first visit on 11 August."

A list of requirements has been handed to the home's management by the Inspectorate.

The service provider must ensure that people are treated with respect and dignity, says the report. In order to achieve this, by 30 September 2021, the provider must ensure that: "Mealtime experiences are improved for people living in the home, including where people choose to eat in their rooms.

"Any person who chooses to eat in their room must have an appropriate table to eat from. Appropriate crockery should be available. Crockery and cutlery should reflect people’s choice and promote their dignity, and plastic cups and plates should only be used if people are assessed as needing these.

"By September 30th - People (service users) are supported, have an opportunity to engage in meaningful activities and socialise with others in the home. - There are sufficient numbers of staff to support people’s (service user’s) preferences of activities, health, welfare and safety. This includes ensuring they are supported to stay connected with those important to them by facilitating open visiting and outings from the care home with no restrictions."

Insolvent firm's stock of £35-a-bottle bubbly

by DOUG COLLIE

With a combined estimated deficit of more than £20 million there appeared to be no cash to spare for management luxuries at struggling and insolvent Omega Infinite PLC and Orrdone Farms Ltd, part of the Avocet group of 'disruptive technology' businesses.

But now details of an incredible stash of top-of-the-range champagne, hundreds of bottles of wine and 120 bottles of spirits, stored at the company's Berwickshire HQ, have emerged as part of an inventory of 'stolen' goods drawn up by Avocet chairman Martin Frost.

The disclosure has sparked anger and disbelief among shareholders with claims the seven-year Avocet operation has been run for the sole benefit of the directors. Omega is in compulsory liquidation while Orrdone is in the hands of an administrator.

Mr Frost, in a communication sent to hundreds of Avocet investors, wrote: "In Harcarse’s back kitchen there was an expensive electronic wine cellar which contained over 120 bottles of fine wine belonging to me - some £4,000 in total. 

"In three other fridges there were 48 bottles of champagne belonging to Omega at some £35 per bottle – some £1,700: in addition, there were 500 bottles of general wine belonging to Omega costing on average £8 per bottle – some £4,000. Finally, there were some 120 bottles of spirits belonging to Omega costing on average £25 per bottle, some £3,000. Such does not include over 1,000 cans of mixers etc."

Harcarse Hill farmhouse was the location for Avocet's agricultural activities and was also set to become a demonstration and conference centre as part of plans which have yet to be implemented.

According to Mr Frost the entire contents of the Harcarse cellar have been stolen. His correspondence goes on to identify those he alleges removed the drinks cache together with hundreds of thousands of pounds worth of other items, including articles owned by the Frost family. The total loss, says Mr Frost, adds up to £11 million as a result of theft and damage.

The vast inventory includes entries for decommissioned hand grenades, weapons and Titanic memorabilia. An extensive collection of machinery, jewellery, rare books and £10,000+ in cash have all gone, Mr Frost claims.

However, the revelations have failed to impress at least some investors who still await a return for their money, and who have consistently criticised the conduct of Avocet directors.

A contributor to the online independent Avocet shareholders' forum writes: "A quick review [of Mr Frost's inventory] shows the amazing breath (sic) of goods that apparently are necessary to operate an innovative start-up disruptive technologies company.

"One is immediately struck both by how much alcohol was required for Avocet’s successful operation, and the important role that more than £3 million worth of 'books and artifacts' played, to say nothing of two sets of antique Encyclopaedias Britannica!

"And of course, what modern day advanced technology company is without weapons? He [ Mr Frost] apparently has absolutely no idea how bad this disclosure makes him look! He really does consider Avocet to be his own personal piggy bank, and the shareholders’ money his to do with as he pleases."

One of the more unusual items on the list of property said to have been stolen from Harcarse Hill is valued at over £200,000. The entry states: "Dressed meat stocks in outbuildings (52 Piemontese @ £4000 per carcass) £208.000".

Here are some of the other items from the inventory:

Drinks loss to Frost - £4,000; Food loss to Frost - £1,500; Personal mementos - £50,000; Personal computers - £4,000; Personal papers & computer material - £100,000; unused children’s computers + children’s toys - £2,000

Unused grandchildren’s Christmas presents - £500; Clothes – damaged - £40,000; Clothes – stolen these largely consist of designer cloths - £30,000; Personal bedding loss – bed & mattress, sheets etc. - £6,000;  Personal tools - £1,000; Personal jewelry (sic) - £8,000; Personal medicines - £100; Riding equipment & personal belongings - £9,000; Cash - £10,000+ (including book safe); Curtains & personal wall coverings - £6,000.

A recent progress report from Omega Infinite liquidators Begbies Traynor showed creditors of the company were claiming £20.9 million with no receipts during the period covered by the report - April 2020 to April 2021.

In a section headed 'Alleged theft of company assets' the report stated: "We are currently liaising with the police and the former directors regarding an alleged theft relating to company assets, and the insurance position of the same.

"We are in the process of compiling a schedule of assets with a view to establishing ownership, and arranging collection and disposal of same. This task has been protracted due to the lack of records regarding the Company's assets and ambiguity regarding ownership. A painting recovered from the Company's accountant was being held as collateral for unpaid fees".

 

Major Avocet shareholders sell before AGM

from OUR BUSINESS DESK

A number of major investors in 'disruptive technology' business Avocet Natural Capital, including members of the Frost family, have apparently sold their shares to the mysterious outfit PCH Inc., it has been revealed, a month before a planned annual general meeting of the Avocet parent company.

And it has also been disclosed that the equally enigmatic 'Tim Carter', Parachute Holdings' representative in the UK, is set to become a director of ANC even though he has yet to make a public appearance.

It is now more than a year since Avocet chairman Martin Frost first mentioned the group was being courted by unnamed investors with unlimited financial resources. But there is still no sign that Avocet or its close associate Gennfros is about to produce a 'wonder fuel' to revolutionise road transport.

These latest developments are outlined by Mr Frost in correspondence circulated to ANC shareholders which gives notice of a scheduled AGM via web conference on September 30th. But the Avocet boss goes on to warn that he may not be able to participate in the proceedings "For medical reasons, I have major cancer treatment, so I have appointed proxies on my behalf".

Shareholders are told by Mr Frost: "You will be notified of significant share changes: in the main these ownership changes consist of the Frost family, along with other major shareholders having sold their shares to PCH.

"New director recommendations, principally the appointment of Tim Carter and / or other colleagues to the Board. Note a dividend in normal circumstances may only be paid out of profits: ANC Plc expects to announce profits of over £30 million prior to the AGM."

Avocet Natural Capital PLC has not produced annual accounts since 2018 when an operating loss of £10,149 was reported. Those accounts also told of an issue of share capital of £29.950 million.

The annual report added: "During the year intellectual property (IP) of £30 million was purchased from Avocet Infinite PLC (£20 million) and Avocet IP Ltd (£10 million), the shareholders of Avocet Natural Capital".

A set of accounts for 2019 should have been lodged at Companies House by December 2020. But those financial details are now eight months overdue.

According to Mr Frost's email to shareholders the main purposes of the meeting are to comply with statutory regulations, and to vote on the directors’ recommendation that ANC Plc issues a dividend. Prior to the AGM shareholders will be issued with documents including a chair’s review.

"Shareholders will be asked to make choices: Expulsion of members for breach of their NDA or other matters; support of Omega and support of third-party legal actions; the appointment of an auditor; consideration of the financial statements; the election of directors; determination and timing of issue of a dividend.

"Questions thereafter: note, all questions require to be set down in writing, seconded, and delivered to company secretary 7 days prior."

 

 

WANTED: Jargon buster - reward £10,000

by DOUG COLLIE

Scotland's public spending watchdog is advertising for help from editorial experts to shrink the word count of its reports and to make the documents more readable by 'minimising jargon and passive language'.

Audit Scotland, which employs 290 staff to oversee the accounts of and expenditure by dozens of public bodies including councils and health boards, published a contract notice on Friday which seemed to suggest their reports on a variety of topics require attention.

The notice was headed Plain Language Editing Service and included an estimated value of £10,000 (exclusive of VAT) for a job likely to last for three years. The agency itself spent £29.6 million in 2020/21. including over £20 million for wages and salaries.

According to Audit Scotland: "We require an experienced English-medium editing service that specialises in plain language techniques. The service will deliver editing suggestions that help ensure our audit products are well written in clear language that is easy to understand."

The watchdog does not specify which of their reports has prompted the move to call in the plain speakers. But perhaps this example taken from a recently published Scottish Borders Council Audit Plan for 2020/21 could be a cause for concern:

"Performance materiality – This acts as a trigger point. If the aggregate of errors identified during the financial statements audit exceeds performance materiality this would indicate that further audit procedures should be considered. Using our professional judgement, we have calculated performance materiality at 60% of planning materiality."

Work that one out!

Or perhaps candidates for the lucrative contract might wish to wrestle with this extract from Audit Scotland's Best Value Assurance Report on the Borders council, published in 2019:

"The council now needs to make better progress with its community planning partners in delivering crucial elements of their community empowerment obligations, including resourced locality plans which identify community need and help community wellbeing."

Hopefully, the successful contractors will be able to sort things out.

Whoever they are will be expected to deliver all of the following:

"We need a confidential, reliable, flexible and resilient editing service. The supplier will provide one or more editors who will personally review our confidential draft reports and:

"Suggest plain language edits to improve readability and structure. For example: minimising jargon and passive language, supporting simple and direct sentences.

"Make suggestions for tightening our report writing by shrinking the word count, ensuring this does not change the key messages and meaning of the report.

"Advise on compliance with Audit Scotland’s house style guide, including our report-writing style guide, to support high standards of syntax, grammar and punctuation. However, the overall focus of the editing service should be more on plain language advice than general proofreading."

It is unfair to single out Audit Scotland as the exemplar of jargon and gobbledygook. For there are glaring examples of opaqueness in written work churned out by many a public organisation.

Here, for instance, is a passage from a report entitled Place Making - The Next Steps which will be given due consideration by councillors at a local authority meeting here in the Borders later this week:

 "The aim of the proposals set out in this report is to make the Place Principle a reality for people in our communities and provide a baseline for how we recognise and value the importance of place in the way decisions are made. It provides a challenge to the assumptions that are made about places without community participation. It does this by asking for answers to straightforward questions before decisions are taken about what to do and what to stop doing."

You couldn't make it up!

'Theft and fraud' accused attacks Avocet bosses after tribunal win

by EWAN LAMB

The one time manager of farming activities for the Avocet group of 'disruptive technology' companies who has been repeatedly accused of possible involvement in thefts and frauds totalling almost £1 million has hit out at his former bosses after a tribunal judge upheld his claim of unfair dismissal.

Now Avocet Agritech Ltd., run by controversial businessman Martin Frost, has been ordered to pay Tristan Jeffrey more than £10,000 following a three day employment tribunal hearing which Avocet failed to attend and was not represented.

We recently reported on the case of Sarah Shotton, Mr Frost's former office administrator, whose claim for unfair dismissal and unauthorised deduction of wages was heard at the same tribunal session as Mr Jeffrey's in July. Ms Shotton was awarded at total of £9,588 by Judge Lesley Murphy, and now both claimants will attend a further hearing so that levels of compensation can be set for their unfair dismissals in April 2020.

Tristan Jeffrey, who told the tribunal he received an annual gross salary of £70,000 a year from Avocet to run the agricultural side of the multi-faceted operation at Harcarse Hill, Berwickshire, has been the target for repeated allegations made against him by Mr Frost in letters to shareholders following his redundancy.

In a written document submitted to the tribunal service last July Mr Frost wrote: "Claimant has been paid, indeed overpaid for the actual time worked.

"Claimant has not been charged with the theft of the items from Harcarse Hill farm though a report has gone to the PF (Procurator Fiscal) involving colleagues of the claimant re the theft of some £550,000 of items. That said, the claimant civilly is likely to be sued for perceived theft involvement as he left the keys in the vehicles which were stolen and attempted to erase the CCTV.

"Claimant is under investigation, along with his father, for another potential fraud from Avocet involving over £400,000".

After receiving the tribunal outcome, Mr Jeffrey told us: "“Throughout this ordeal the Avocet directors have either, lied, blamed each other, or totally ignored all requests for information.

"Eirlys Lloyd, the company secretary, was unable to tell me who dealt with payroll. There were also allegations in company emails which shockingly implied that I was on drugs.

"False accusations of harassment, blackmail, theft, fraud, and destruction of evidence, are all still ongoing, 14 months after my redundancy. These false accusations all because I asked for my unpaid wages, expenses, and redundancy payment.

"Away from my Employment Tribunal Avocet shareholders need to seek evidence showing where their £20+ million investment was spent.”

Judge Murphy found that Avocet Agritech had breached Mr Jeffrey's contract of employment and awarded damages of £1,604.69 for that breach.

Avocet also made an unauthorised deduction from wages and has been instructed to pay Mr Jeffrey £1,917.81 in relation to ten days accrued untaken holiday,

And a further unauthorised wage deduction - non-payment of salary during the period March 1 and April 17 2020 - will require a sum of £7,195.83 to be paid to Mr Jeffrey.

The judgment repeats information given in Ms Shotton's case showing that Avocet repeatedly failed to respond to emails and phone calls from tribunal staff.

According to Companies House records, Avocet Agritech has not filed annual accounts since 2017 with the lodging of subsequent financial statements more than 18 months overdue. The 2017 financial return records assets of £1,001, and the company had not traded during that year.

Former staff have claimed there was considerable confusion over which Avocet subsidiary actually employed them. Ms Shotton's claim was against Avocet Faculties Ltd.

"Devastating" posts on 'hate' forum

by DOUGLAS SHEPHERD

Avocet Group chairman and Genfro life president Martin Frost has branded the shareholders' forum which bears the company's name a "fraudulent hate contrivance" soon after the group's activities were roundly criticised by the founder of a share trading venue and by a former senior employee of Avocet.

Now, according to Mr Frost: "The Director of Public Prosecutions in England & Wales is reviewing the Avocet PUBLIC Forum as an illegal hate website. Obviously, all that frequent this hate website are monitored."

The controversial businessman has previously pledged to have the Forum shut down. And last week he referred to Not Just Sheep & Rugby as 'Bill Chisholm's loony blog'.

Until relatively recently Mr Frost was telling investors in the 'disruptive technology' business that shares would be traded on the Asset Match platform, a London-based concern set up and chaired by Stuart Lucas.

Mr Lucas personally holds 756,000 shares in Avocet Infinite PLC (now known as Omega Infinite) which was placed into compulsory liquidation during 2020. Liquidators Begbies Traynor say creditors of Omega are claiming a total of more than £20 million.

In addition Asset Match itself owns 104,000 Avocet shares while at the same time Loch Lomond Heritage Ltd., another company controlled by Mr Frost, has 52,084 shares in Asset Match.

The Avocet Shareholders' Forum on which critics of Mr Frost and his fellow directors frequently discuss the business's perceived failings has recently been abuzz with speculation over unidentified investors Parachute Holdings and their front man 'Tim Carter'. Mr Frost says PCH will invest many millions of pounds in the 'revolutionary' new fuel being promoted by Avocet and now Genfro.

There have been several emails sent out to shareholders recently "from the desk of Tim Carter".

A post published on the Forum last week asked Mr Lucas if he'd ever met 'Tim' or the mysterious investors.

Mr Lucas posted the following response at the weekend: "I don’t think you need a degree in Stylometry to note the identical writing styles. I asked for a Teams call with Martin & his alter ego ‘Tim’ but that ‘simply put’, can obviously never take place.

"Asset Match has closed its files on these companies, as they never completed our admission documents. As of 4mths ago I no longer consider I have a financial interest in any Avocet entity, just some share certs. I’ve written everything off in my tax returns, or marked to zero anything not in administration.

"I did not do appropriate levels of due diligence 4+ years ago and have paid a price. It’s been a bad trade but I was never dependent solely on these entities. I generally find it difficult to engage with pseudonyms or even worse a desk of..!"

That was quickly followed by a contribution from Sandy Jeffrey, Avocet's former agricultural operations manager who Mr Frost has frequently accused of possible criminal activity.

Mr Jeffrey wrote: "I made a serious error of judgement six years ago and trusted in Frost believing that Avocet growth and development was a real gamechanger on climate control and a route to renewable or self sustainable agriculture. It took two years of considerable effort and contribution to fully understand that the stated agenda did not exist and never had. There was an ulterior motive.

"Over the past two years my company has written off 61,000 Avocet shares. My family value their 60,000 shares at zero. A further 100,000 shares were illegally removed from the register".

In a swift response, Mr Frost told shareholders in a further 'news letter' : "As a man, I like Stuart Lucas. He has his views. Avocet & Genfro shares have value. During the last month I have sought to sell some 50,000 Asset Match shares which Stuart advises me are worth £6 per share. Surprise, surprise, not even Stuart himself would buy them at £0.50p. It’s a funny old world! 

"Thanks to last Monday’s court determinations, Sandy Jeffrey shall shortly be in receipt of a writ. The directors of Avocet would be failing in their duty not to recover the £500,000+ Sandy has clearly defrauded you, Avocet Shareholders, from. Personally, I do think genfro.com will outperform Asset Match when it comes to share sales."

  

Rank ratings for Borders 'governance'

by EWAN LAMB

It may have slipped your notice, but a so-called prosperity index published recently awarded the Scottish Borders a set of less than flattering ratings, notably in the fields of local governance, the environment for investment, and worst of all infrastructure.

The right wing Legatum Institute placed Scottish Borders 231st overall out of 379 UK local authorities in its 2021 prosperity league table - three places above Carlisle and three places below Newcastle-under-Lyme. But in some areas surveyed the Borders was among the lowest ranked in Scotland. The 231 rating was four places down on 2020.

However, the region was joint top of the entire UK class with Dumfries & Galloway, South Ayrshire, East Ayrshire and South Lanarkshire in a sector covering 'personal freedom'. This heading covered progress towards basic legal rights, individual liberties and social tolerance.

According to Baroness Philippa Stroud, the Legatum Institute chief executive officer: "The index will not only help decision makers 'level up' the country and unlock prosperity, but also track progress at the local level over time".

The index includes assessments of the natural environment, social capital including the strength of families, health outcomes and the quality of education.

Legatum suggests local authority and regional leaders can use the index to shape their policy priorities, and national, regional and local investors can use the data to inform capital allocation. It is claimed many of the aspects included in Legatum's calculations and conclusions are missed in the levelling up debate "that focuses narrowly on bridges and trains".

The top 25 council areas in the index are all located in the south-east of England with Wokingham at number one. East Renfrewshire is the highest ranked Scottish authority at number 41. Blackpool retains its spot in bottom place (379) with Glasgow third from the foot of the table.

Each ranking is based on 12 separate categories ranging from safety and security, including levels of local crime to Governance - the quality of local democracy; whether local politicians are trusted and the effectiveness of local government services. The quality of infrastructure and the conditions for enterprise also receive placings.

The statistics for Scottish Borders extend to 15 pages, and it has to be said some of the numbers make grim reading.

An overall ranking of 273 for governance includes a 368 for governance integrity and 304 for local government effectiveness. The regional infrastructure clearly failed to impress the assessors who ranked it 366 out of 379 and 29th out of 32 council areas in Scotland.

There was little to shout about either under Investment Environment - the extent to which investment capital is readily accessible and in demand - with an overall ranking of 293. Meanwhile Enterprise Conditions - the degree to which regulations enable businesses to start, compete and expand was well down the league at number 300, and when it came to Economic Quality - how well a local economy is equipped to generate wealth sustainability there was an even more dismal 324 ranking for the Borders.

Here are the Scottish Borders rankings in each of the 12 categories:

Safety and security - the degree to which violent crime, property crime, civil disorder and terror have destabilised the security of individuals - 7 out of 379.

Personal freedom - progress towards basic legal rights, individual liberties and social tolerance - 1=.

Governance - quality of local democracy, whether politicians are trusted, and effectiveness of local government services - 273.

Social Capital - strength of family, personal and social relationships - 178.

Investment Environment - extent to which investment capital is readily accessible and in demand - 293.

Enterprise Conditions - degree to which regulations enable businesses to start, compete and expand - 300.

Infrastructure - quality of infrastructure that enables commerce and business activity - 366.

Economic Quality - how well a local economy is equipped to generate wealth sustainability - 324.

Living Conditions - quality of living including material resources, digital connectivity, access to local amenities and protection from harm - 282.

Health - extent to which people are healthy and have access to services to maintain good health - 139.

Education - outcomes and quality across four stages of education from pre-primary to tertiary - 322.

Natural Environment - aspects of the physical environment that have a direct effect on people in their daily lives - 28.

Did Business Secretary sanction secrecy for 'guardian angel'?

by OUR BUSINESS STAFF

The UK Department for Business, Energy and Industrial Strategy [BEIS] has been asked to confirm whether Cabinet minister Kwasi Kwarteng approved a request from 'mystery' investors to remain anonymous as shareholders in companies linked to the Avocet and Genfro groups claim so-called Parachute Holdings Inc. does not exist.

The extraordinary move to involve Business Secretary Kwarteng in the affairs of firms which have yet to bring any product to market was revealed in two documents circulated recently to shareholders in 'disruptive technology specialists' Avocet Natural Capital, and by the enigmatic 'Tim Carter', of PCH.

'Carter' says PCH is an informal group of non-UK investors mainly of a Jewish persuasion who seek currently to retain their anonymity. He indicates that PCH intends using the services of solicitor Kit Jarvis, of the London law firm Fieldfisher. The firm has also had dealings with the Avocet group.

The first reference to Mr Kwarteng was made in a 'newsletter' from ANC chairman Martin Frost on July 29th after allegations appeared on the Avocet Shareholders' Forum to the effect that PCH was a fictional outfit. There is no contact address for PCH and the 'group' does not merit a mention anywhere on the internet, according to critics and doubters.

Mr Frost declared in his email: "The ‘mystery investors’ are known to some of Genfro’s prominent shareholders, its lawyers, but most importantly ‘The Secretary of State for Industry Mr Kwasi Kwarteng’ who was approached to secure anonymity."

Two days later a collection of documents distributed by Mr Frost included the text of a letter purporting to have been sent by 'Tim Carter' to Sarah Munby, Permanent Secretary at BEIS with the anonymity request for PCH.

The letter to Ms Munby states: "Over the last three years, PCH has acted as a guardian angel to controversial Anglo-Irish businessman Martin Frost who promoted Avocet Natural Capital Plc.

"To keep ANC Plc alive & protect its valuable intellectual property PCH is responsible for: Over £2 million pounds of gift life support funding; Liaison with colleagues who control the ownership of the Israeli Leviathan and Tamar gas fields which prompted a $100,000 US dollar offer to ANC’s subsidiary Avocet IP Limited for its old AFS jet fuel from air patents. Due to ANC Plc stupidity, this transaction failed though a reduced-price deal of $30 to $40 million is in the offering."

'Carter' goes on to claim that because of "SNP inspired badness" PCH decided it was wasting resources attempting to support a company focused out of Scotland. PCH thus encouraged Martin Frost and his colleague Dr. Bob Jennings to set up a completely new entity, Genfro Limited. 

"For strange reasons of sentiment Frost & Jennings then gave away options for chosen others to obtain Genfro equity at humongous discounts. These gifts and their domino consequence have angered PCH. PCH would like Genfro Limited to be owned by people of like minds to PCH."

Ms Munby is also told: "Presentably, PCH has funded four provisional patents of which one for a non-explosive methanol additive to allow green methanol to become a clean replacement diesel is the most valuable. PCH is about to fund a further 30 more fuel and agricultural patents which should result in Genfro Limited becoming a £200 million IP company.

And according to 'Carter': "Down to ongoing perceived dishonesty infusing Scottish politics along with unjustified and apparently racially motivated SNP hate campaigns, PCH wishes to keep out of the limelight.

"Our understanding is that under UK company law PCH & colleagues can retain anonymity providing we keep our respective overseas shareholdings below the 25% threshold. Please confirm promptly if our understanding is correct: if not I regret PCH will not invest in the UK."

So what was the outcome of  'Mr Carter's' approach to Mr Kwarteng's with the request for anonymity? Not Just Sheep & Rugby has asked BEIS for a statement which will be published once we receive it.

Tribunal victory for Avocet administrator in company's absence

EXCLUSIVE by DOUG COLLIE

Management at a subsidiary of the Avocet 'disruptive technology' group made unauthorised deductions from the wages of their office administrator, breached her contract of employment and unfairly dismissed her, an employment tribunal judge has ruled.

And despite numerous attempts by tribunal staff to contact representatives of Avocet Faculties Ltd ahead of a three day remote hearing last month there was no response from the company, they were not present at proceedings and were not represented.

In a written decision issued to the parties on July 28th employment judge Lesley Murphy, ordered Faculties to pay Sarah Shotton a total of £9,588.80 with a further hearing scheduled to determine 'remedy' in respect of Ms Shotton's complaint of unfair dismissal.

Since she was made redundant Ms Shotton has been the subject of repeated verbal attacks in letters to shareholders circulated by Avocet chairman Martin Frost.

As recently as July 30th Mr Frost sent out an email headed WARNING in which he wrote: "Miss Sarah Shotton is identified as an anonymous caller phoning ANC [Avocet Natural Capital] Plc shareholders using her stolen ANC shareholder details. This anonymous phone caller purports to be a police officer but if called upon to identify herself, provide her collar number, and police address she immediately hangs up".

And in a written submission to the tribunal service last year Mr Frost who resigned as a director of Avocet Faculties in September 2020 stated: "Claimant has been paid, indeed overpaid for the actual time worked.

"Claimant has not been charged with the theft of items from Harcarse Hill farm (a Berwickshire property formerly occupied by Avocet) - that said subsequent investigations denote that the claimant appears to have conspired with the thieves to keep secret the stolen goods. Claimant admits to a breach of her NDA (non-disclosure agreement) and a criminal enquiry is proceeding concerning her involvement in data theft".

But Ms Shotton commented: "Frost bullies, defames, discredits and threatens anyone who challenges his vile ramblings, all of which is designed to do as much damage to our reputations as possible and deflect from the truth of what he is doing himself"

She added that the allegations of possible criminality levelled against her and the latest accusation of posing as a police officer were pure fantasy on Mr Frost's part. Ms Shotton said a former work colleague had contacted Faculties' sole director Dr Bob Jennings to ask why they were being treated so badly, but there was no response. She pointed out that she had never been charged with any criminal offence.

Ms Shotton worked in her £51,000-a-year post for Avocet from March 2018 until she was made redundant by email from Mr Frost in April last year.

The tribunal judgment states: "The respondent [Avocet Faculties Ltd] has breached the claimant's contract of employment and is ordered to pay her £615.38 in respect of net damages for failing to give the statutory minimum notice period of two weeks of the termination of the claimant's employment.

"The respondent made an unauthorised deduction from wages and is ordered to pay the claimant £1,301.92 in respect of unpaid wages relating to eight days accrued untaken holiday outstanding as at the termination of employment on 17/4/2020.

"The respondent has made an unauthorised deduction from wages and is ordered to pay the claimant £7,671.50 in respect of unpaid wages in the period 1 March to 17 April 2020".

Judge Murphy goes on to say the respondent did not attend the tribunal hearing and was not represented.

"Numerous attempts were made in advance of the hearing to contact the respondent to arrange a CVP [Cloud Video Platform] test. The clerk emailed the respondent on 5, 7, 12 and 14 July 2021 and attempted to reach the respondent by telephone on 8, 13 and 14 July. The clerk received no answer. The clerk attempted to call the respondent again on the morning of the hearing".

Hawick heritage sacrificed but Borders bright spots too

THIRD AND FINAL PART OF OUR 'CHRIS BOWLES HERITAGE TRILOGY'

The loss of listed buildings including iconic textile mills from Hawick's Commercial Road to make way for large food retail outlets illustrates a failing in Scotland's planning system, according to the former archaeology officer at Scottish Borders Council who objected in vain to the demolition of a collection of historic edifices.

However, Dr Chris Bowles who now oversees History Colorado's preservation fund - the largest and best resourced in the USA with $8 million likely to be distributed this year - says for every disappearance of heritage like the losses in Commercial Road  "there was the discovery of a bishop's palace in Ancrum, the exploration of German internment at Stobs [Hawick] or the re-interpretation of the Renaissance fort in Eyemouth."

In a wide ranging interview with Not Just Sheep & Rugby Dr Bowles, who was involved in countless heritage projects during his eleven year stint in the Borders commented: "I was deeply moved by the loss of industrial heritage along Commercial Road in Hawick and the efforts of the Hawick Archaeological Society to retain as much of this as possible.

"I wonder how the connection to Hawick's rich industrial past will continue in a generation when people are shopping at Sainsbury's or Aldi? I feel it's a failing of Scotland's planning system that these structures - even those that are A Listed - are so easily demolished without mitigating the loss in the community in meaningful ways."

A so-called development framework for Commercial Road drawn up by the Borders council in 2009 pointed out the northern part of the area was part of Hawick's conservation area and included listed buildings at Wilton Mill, Shorts of Hawick and Turnbull & Scott Engineers.

The framework included a SWOT [strengths, weaknesses, opportunities and threats] analysis which made the point that "existing listed buildings can be retained and enhanced" and there were opportunities to "redevelop existing listed buildings".

Wilton Mills - complete with clocktower - would, according to the report, "most likely be developed for residential use". This would require high attention to detail and design to redevelop the existing listed buildings to the satisfaction of the council and Historic Scotland.

But by 2015 the planning authority was sanctioning the demolition of Wilton Mills to make way for a retail food store despite widespread opposition.

In a submission to SBC Duncan Taylor, vice president of Hawick Archaeological Society, wrote at the time: "Our society is committed to preserving the built heritage of Hawick and district. Given that this is a listed building which highlights the glory days of the textile town, if the building has been allowed to be neglected to the stage it now needs repair to make it safe then the owner should be required to do this rather than use it as an excuse for demolition".

So far as the heritage projects at Ancrum, Stobs Camp and Eyemouth were concerned, Dr Bowles said: "Each community had their own issues before these projects - and of course the issues discovery and motivation of communities to continue exploring their past.

"I put this to the test when I developed a project delving into the heritage of the upper Whiteadder Water using contributions from wind farm developers. While the project continued without me, and in the face of a pandemic, our project partners delivered a moving series of archaeological investigations and events including new artworks, stories and ballads that connected people to the valley. I'm taking these experiences into my new role here in Colorado".

And Dr Bowles paid tribute to the stalwarts who have contributed so much to the preservation of Borders heritage.

He told us: "The Borders is an incredibly special place, and is very close to my heart. I learned a great deal about the power of heritage by just be being around the passionate people across the region who want to steward it into the future - people like Walter Elliott, Donald Gordon, and Richard Strathie to name just a few. But I also learned more about human resilience from Borderers than I ever thought possible. I'm taking these lessons, and the Borders, with me wherever I go from here on out."