SPECIAL REPORT by BUSINESS STAFF
Avocet Group chairman Martin Frost, now awaiting the outcome of a bankruptcy court action, has circulated documents outlining a counter claim for more than £13 million in which he blames the creditor and an administrator of one of his insolvent companies for loss and damage of valuable articles and property.
But Mr Frost's summons against United Kingdom Agricultural Lending Ltd (UKALL), and administrator Emma Porter, which was not accepted by Scotland's Court of Session received short shrift from UKALL's barrister when it became an issue for debate during last week's bankruptcy hearing at Leeds Business and Property Court.
Jonathan Rodger, counsel for UKALL who are pursuing Mr Frost and his wife for a £4 million loan debt, told the court: "Across the board Mr Frost's allegations are fantastical. There is an allegation that an officer of the Court colluded with the petitioner to steal £13.3 million worth of items including a Titanic Certificate of Sea Worthiness said to be worth £13,000.
"These are preposterous allegations. Mr Frost's evidence is hard to follow, it includes extraordinary allegations and is designed to confuse and to obfuscate, to raise a cloud of dust to create an air of substance when there is nothing there. He makes spurious allegations of fraud and forgery against officers of the Court".
But only a few days after proceedings at Leeds were concluded Mr Frost sent shareholders of Avocet Natural Capital full details of his cross claim.
According to Mr Frost: "Legal actions...are to be brought against many parties. Enclosed is a draft Scottish Debt Summons I wished to bring against UK Agricultural Lending Limited and Ms. Emma Porter. As noted above, jurisdiction for this was refused by the Scottish Courts – happily in exchange for a £10k fee, and a purchase note of assignment, the English courts are pleased to process.
"On Saturday 18th September, Martin and Janet Frost under conditions, jointly sold their entitlements under this Summons to a third party. Same third party has translated the Scottish Summons into English High Court Writs against UKALL & Porter along with officers of Begbies Traynor [liquidators of another Avocet Group company, Omega Infinite]".In a decision issued in December 2006 it was revealed that " the Lords of Council and Session, upon a petition by the Lord Advocate, have, in terms of section 1 of the Vexatious Actions (Scotland) Act 1898, ordered that no legal proceedings shall be instituted by Martin Frost, residing at ---- in the Court of Session, Sheriff Court or any other inferior Court unless he first obtains leave of a Judge sitting in the Outer House of the Court of Session, having satisfied such a Judge that such legal proceedings are not vexatious and that there is a prima facie ground for such proceedings" That vexatious litigant order on Mr Frost remains in place.
According to Mr Frost's summons: “The photographs (accompanying the claim) illustrate the way in which the second Defender [Ms Porter] in the best tradition of Robert Mugabe invaded the Pursuer’s properties, then brutally arranged for the dumping, burning and theft of the Pursuers goods. As is narrated below, the second Defender was ‘uncivilized’ in her disposal of Frost contents prompting losses of more than £10 million pounds.”
"And Begbies with the assistance of the second Defender subsequently moved over 500 items from Harcarse [a property formerly occupied by Mr Frost] to Begbies warehouse in Scunthorpe. List B in the Productions, prepared by Begbies, displays many of the above Frost mentioned items e.g., the Hingley Anchor Proving Certificate, some of Lutyens drawings for the ironwork on the Viceroy’s House, New Delhi etc. etc. – all missed on the second Defender’s valuation. Items missing include Titanic memorabilia: The Sea worthiness certificate of the Titanic; Various Titanic photographs, mainly of the manufacture of Titanic parts at Hingley’s and in Belfast. A Titanic crockery set inlaid with the White Star line (presented to Hingley’s directors’ wives at the Titanic launch)."
To back his claims Mr Frost adds: "Between December 2015 and December 2020 various prominent persons stayed at Harcarse Hill farmhouse who saw all or part of the above-mentioned items. Such persons include Dr. Farooque Dawood (whose family owns some 40% of Pakistan’s private economy); the Hon. James Willoughby barrister & landowner; Fieldfisher solicitors Mr. Kit Jarvis & Mr. Tim Bird; Dr. Glyn Short; Professor Geoff. Randall; etc, etc."
Mr Frost goes on to say that the Frost family is donating one million pounds to the crowdfunding entity being setup by his colleague Dr. Bob Jennings (a fellow director of Avocet entities).
Furthermore: "The Frost family is donating a further one million pounds to promote a commercial enterprise to offer third party finance which overcomes the difficulty a claimant might have in bearing the often-high costs of litigation. Further publications shall explain.
"The Frost family is donating ten million pounds to an Irish institution to seed corn finance the Avocet ‘hydroponics’ & ‘heathy [sic] beef’ concepts."
The many millions of pounds needed to finance the proposed measures will be raised, says Mr Frost, by the sale of the ‘Mayo Pot’.
"By arrangement, on Thursday 23rd September 2021 the ‘pot’ will be lodged with a Leeds solicitor. Subject to internal agreement, the Frosts have mandated its sale subject to an export license. Note: an Irish ancestor of my mother, Lord Mayo, basically stole it from a mate who had physically sacked China’s Imperial Palace during the Second Opium War.
"Some years ago, Sotheby’s valued the ‘pot’ at over £30 million – two similar pots have recently gone to Chinese collectors for over £40 million. In 2018 & 2019 the family discussed the ‘Mayo pot’ sale with accountants Ryecrofts, of Newcastle, who thought the wisest thing for the Frost family to do was to tax efficiently sell the ‘pot’. Bottom line if sold tomorrow one should expect net of tax and fees some £20 to £30 million depending on who turns up to the auction."
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