Planning dispute over Salt n Fire sign

EXCLUSIVE by EWAN LAMB

The Scottish Borders planning department has effectively lost control of its remit for the conservation area in the centre of Kelso, according to evidence supporting the retention of  "excessive and badly arranged" signage at the Salt n Fire catering outlet in the town's Horsemarket.

While conservation groups have condemned the illuminated sign erected by chef Anthony Khoury as being 'very urban in nature' his representative has warned the alternative is the likelihood of more empty commercial properties, where upkeep and neglect often end with unsightly buildings and streetscapes.

The case of the Salt n Fire signage has now been referred to the Scottish Government's planning appeals department after Scottish Borders Council planners rejected a retrospective application from Mr Khoury for permission. He has been served with an enforcement notice seeking the removal of the sign.

In his report on the application SBC assistant planning officer Euan Calvert wrote: "It is considered that the signage is over-scaled for this traditional building and uses non-traditional materials. The lettering is excessive and appears out of place for the historic character of the Conservation Area. 

"The overall design is considered to detract from the historic character of the conservation area. The extent of livery appears cluttered and unnecessary. The sign is not in accordance with the advice contained within the Council's Supplementary Planning Guidance on Shop Fronts and Signage. This is a sensitive location in the centre of the conservation area, where higher standards of design are a necessity." 

Mr Calvert pointed out that the sign was a returned alloy fascia panel with 3D lettering and measured seven meters in length by 0.8 meters in height. The signage appeared excessive and badly arranged. The three-metre illumination strip was not an appropriate approach to signage lighting in the conservation area and resulted in the sign being unduly prominent even into the evening. The overtly large sized fascia board and unduly large print had become an over-dominant and prominent appearance on Horsemarket. A traditional, simple fascia sign would be far more appropriate for the building and the conservation area.

Those views were backed by Kelso Community Council, and by two amenity bodies.

The community council stated: "The CC had a lengthy discussion regarding this retrospective planning permission and unanimously agreed that they strongly object to it. This is based on the following comments/observations - The sign is considerably larger than the three separate signs of Lemon & Thyme [previous occupants of the property]. The lighting is also set higher and comprises a single strip light - rather than separate lamps. The nature of the sign is very urban. It immediately sticks out as being different to the other signage in town and looks inappropriate in our townscape, especially in the conservation area."

And according to Kelso Heritage Society: "All of the committee members object to this sign, not just the illumination, on the grounds that it is large, garish and completely out of place within the conservation area of a rural town. If permission had been sought before it was installed, feedback could have been provided to allow adjustments. 

"We are therefore unanimously objecting to the sign and illumination. This highlights the fact we have been raising for some time that many new owners/tenants are ignoring the requirement to apply for planning permission when changing their premises."

There was a contribution too from the Architectural Heritage Society of Scotland. The society's written submission declared: "The new sign has significantly more impact than the previous signs, and does not enhance or preserve the character of the traditional building it is found on, or the wider conservation area. The new light is modern in appearance and similarly detracts from the traditional character of the building. More appropriate signage and lighting should be sought."

Grounds for appeal put forward by Stuart Patterson, agent for Mr Khoury included the following: "The applicant saw an opportunity to expand his own catering business, having successfully taken ownership of The Night Safe Bistro in Hawick before opening his first Salt n Fire takeaway, also in Hawick. The new shop was opened on 3rd February this year, and has had solid trading since its inception.

"While it is not an excuse that the owner was unaware of the planning requirements for this work, the new sign was erected in good faith, based on the overall size of the existing signage and those on surrounding properties in Kelso town centre. The enclosed photographs of other shop fronts, signage, fascia and lighting installations indicate a variety of designs and frontages throughout Kelso, and while not wanting to get any other business into trouble, some have obtained planning permission while others apparently have not."

Mr Patterson claimed this was just a small example why the applicant thought he was erecting something suitable, providing something that was already present along the streetscape. 

"Towards the end of the planning officers report, he states 'The overtly large sized fascia board and unduly large print have become an over-dominant and prominent appearance on Horsemarket', identifying that the planning department have effectively lost control of their remit for the conservation area. Under their own identification, the applicant has been unfairly singled out for assessment, although the other businesses appear to have had no repercussion for similar installations. 

"It is therefore unsurprising that business owners and even the specialist signage companies have no idea what needs permission and what does not. Education in this area needs to be significantly improved otherwise applications like this will become commonplace."

Mr Patterson added that the planning officer acknowledged the new installation had no impact on nearby neighbours, and appeared to be doing little harm other than upsetting some of the local community groups. 

"We would hope that the planning committee would be able to support this appeal, with the current financial climate fledgling businesses like this need all the help, assistance and advice they can get. The alternative is the likelihood of more empty commercial properties, where upkeep and neglect often end with unsightly buildings and streetscapes, which I am sure we all want to avoid. You do not need to look far around the Borders for examples of such issues."

Mr Khoury's appeal will now be considered by a Scottish Government planning reporter.

 

 

Avocet chairman's wife denies business is insolvent

by OUR BUSINESS CORRESPONDENT

The ex-chairman of the 'revolutionary' Avocet air-to-fuel business which never brought a commercial product to market during its six-year life is owed £1.6 million in undrawn salary and hundreds of thousands of pounds more in out of pocket expenses, according to a fellow director who also happens to be his wife.

Figures contained in Janet Orr Frost's witness statement for a court hearing in Leeds next month contrast sharply with a set of financial statistics compiled by Avocet/Omega Infinite's joint liquidators which include a claim for more than £2 million against bankrupt company director Martin Frost.

A civil action brought on behalf of Omega liquidators Joanne Hammond and Ashleigh Fletcher seeks possession of two Scarborough apartments, allegedly purchased by Mr Frost using over £430,000 of the company's money.

But in her witness statement distributed to shareholders, Mrs Frost - also a bankrupt - writes: "Martin and I decided to retire to Scarborough. Eventually I sold my two cottages, my development land, my farmland and my steading property [all in Berwickshire] to Avocet for £450,000 to fund the two apartments in Scarborough".

She adds that by February 2020 her loans to Omega Infinite totalled £984,411 'not counting my undrawn salary of £167,500'. These sums, claims Mrs Frost carried agreed interest of five per cent.

The statement also includes details of sums said to be owed by the Avocet business to her husband. At the end of 2017 Mr Frost had undrawn salary of £760,000. And by December 2019 he was due £2,943,714 not counting undrawn salary of £1.6 million and undrawn expenses of £293,760, all carrying five per cent interest.

On top of all that, Mrs Frost claims Avocet Infinite owed £2,118,598 to a company called Loch Lomond Heritage Ltd, owned and controlled by the Frost family.

In her missive, Mrs Frost declares: "Some counsel are suggesting that not only was it wrong to bankrupt Martin and I, but a financially greater wrong happened to Omega Infinite shareholders upon a company that never should have been liquidated".

According to her, a legal scam was formulated "purporting that Martin had unlawfully engineered the theft of [three named Berwickshire farms] to Avocet". 

Mrs Frost also claims administrators and liquidators of Avocet group companies apparently forgot or chose to ignore the background, especially that of AFS Ventures PLC, the precursor company to Omega Infinite. "Ventures in 2015 sold to Infinite for the sum of £4 million the bulk of its intellectual property.

"The police in Scotland and Northern England were wrongly informed that Martin and Bob Jennings [another Avocet director] have worked a Ponzi scheme to enrich themselves".

The witness statement reveals that in September 2021 a solicitor representing Omega's joint liquidators - they had been investigating the affairs of the company and the conduct of the directors following their appointment the previous year - sent a letter of claim to Mr Frost asking for payments amounting to £2,011,825.

Items detailed by Mrs Frost were: overdrawn director's loan account £1,176,871; payment to Onesti Brothers in Italy £59,347, travel expenses £129,225; payments to United Kingdom Agricultural Lending Ltd. £422,500; payments to Loch Lomond Heritage £228,872.

She states: "Infinite directors and senior executives spent over £548,000 during 2015-2020 on legitimate business expenses of which Martin paid out over £298,000, the bulk of which has not been reimbursed".

And Mrs Frost alleges the insolvency specialists failed to review Omega's intellectual property "which fault has lost the company and its creditors over £200 million".

Her statement continues: "Not only does Martin not have an overdrawn loan account with Omega, but by my calculations Martin is due millions not counting undrawn salary of £1.6 million and undrawn expenses of £293,760 from Omega.

"Furthermore, the insolvency practitioners and others are due Martin and his family an additional £15 million when his personal and family assets are added back.

"Finally, Omega Infinite was not insolvent - Fieldfisher [the law firm which applied to have Omega wound up] signed off its Memorandum of Understanding in late 2018 and declarations of solvency were given prior to the 2019 demerger agreements".

Bankrupt ex-Avocet chairman in new court battle

by OUR BUSINESS STAFF

The liquidators of the insolvent Avocet 'revolutionary fuel additive' business are pursuing legal action in a bid to seize two Scarborough apartments which the firm's former chairman Martin Frost allegedly bought for £434,000 by using shareholders' money.

An application has been lodged in the Business and Property Courts in Leeds on behalf of Omega Infinite PLC's joint liquidators Joanne Hammond and Ashleigh Fletcher, of the insolvency practitioners Begbies Traynor. They seek possession of the properties which, they maintain, legally belong to Omega. 

They have been investigating the affairs of Omega [formerly called Avocet Infinite] since their appointment by the Secretary of State for Business Energy and Industrial Strategy in April 2020. A full hearing of the application against Mr Frost and his wife Janet Orr Frost - they reside in one of the flats - is scheduled for next month.

Mr Frost was declared bankrupt by a Leeds-based judge in October 2021 after a hearing rejected his claim that millions of pounds would be available to pay creditors from a deal involving Avocet's 'valuable' patents. A number of businesses formerly under the directorship by Mr Frost are either in liquidation or administration.

It is understood the joint liquidators take the view that Omega Infinite, which attracted hundreds of investors by promoting a 'green' vehicle fuel additive was insolvent and unable to pay its debts as long ago as 2017. The Avocet fuel was never marketed, and many shareholders believe they have lost everything. Mr Frost has strongly denied allegations that he and his fellow directors were in charge of a Ponzi scheme.

Following an application to the court in Leeds last week for an order to preserve property pending the full hearing, Mr Frost gave a detailed account of the proceedings in a 'newsletter' to shareholders in Genfro Ltd, another company of which he is joint life president. The communication was headed: TRIUMPH.

He wrote: "Tuesday was a good and happy day for us all. We won and Leeds High Court awarded our costs personally against Omega's liquidators...."

Mr Frost also circulated a copy of a witness statement he lodged with the court in which he described evidence submitted on behalf of the liquidators as 'an unlawful fabrication'.

He went on to claim: "There has not been a formal adjudication of my account with Omega, an account which I believe is millions in my credit. Nor do the liquidators note another £4.8 million I am due from Omega in respect of items sold to Omega during 2018 and 2019.

"The liquidators chose not to have Omega's intellectual property professionally valued but instead abandoned this Omega asset which in 2018/19 had been professionally valued at some £200 million".

But in a report provided to Companies House in June 2022, it was stated: "The joint liquidators are aware that the Company owns a quantity of cetane additive which the director advised has significant value. A quantity of cetane additive has been recovered and is securely stored. However, it is estimated that it is of negligible value".

In his statement to the court last week, Mr Frost refuted that he had attempted to sell 'Flat 2', one of the properties said to have been acquired using company cash, and that the document exhibited by the applicants was 'deliberately misleading and wrong'.

His statement added: "The liquidators have failed to realise Omega's assets and have chosen not to value them. Simply put, the liquidators have failed the company and its creditors".

According to Mr Frost, the application for the preservation order had been withdrawn.

In the last published progress report on the Omega liquidation, Ms Hammond and Mr Fletcher warned that creditors of the insolvent business had lodged claims totalling in excess of £20 million but they were not in a position to pay a dividend to any class of creditor.

The report also revealed that the joint liquidators had submitted claims in the respective bankruptcies of Mr and Mrs Frost in the sum of £2,0ll,825 excluding interest and costs.

The former Avocet boss has repeatedly warned that litigation in the US state of Delaware was imminent so that the losses suffered by Avocet at the hands of "Bad Buggers" could be recouped.

In his lengthy newsletter, Mr Frost declares: "As President Biden's retired legal team are Omega shareholders, a class action is commencing in Delaware state seeking some £500 million from the liquidators (and other named parties)".

 

Borders weir removal to help migratory salmon

by DOUGLAS SHEPHERD

A river restoration project in a remote Scottish Borders valley will see the removal of a disused concrete weir, allowing spawning Atlantic salmon to reach the headwaters of the Halter Burn for the first time in decades.

The works near the village of Kirk Yetholm are being commissioned by the Scottish Environment Protection Agency [SEPA] and will be paid for by the national Water Environment Fund.

The Halterburn Weir, a structure measuring 10 metres across and 1.8 metres high, continues to provide an impassable obstacle for salmon and trout on the six kilometre-long watercourse even though it is no longer needed to serve local agriculture.

Francis Hayes, River Restoration Specialist at SEPA, told us: “Rivers are a vital part of our landscape and a great asset to Scotland. They provide wildlife corridors, opportunities for recreation and wellbeing benefits for local communities. However, there are redundant weirs installed in some rivers, making them impassable to fish such as Atlantic salmon and sea trout.

“The Halter Burn weir is one such barrier. Its removal, made possible through the Water Environment Fund, will bring significant environmental benefits by opening up the watercourse and making it accessible to migrating fish.”

SEPA said the weir’s history - and year of construction - are uncertain. The structure most recently fed a farm pond and then an informal lade that passed water through the neighbouring farm yard probably to water stock. This abstraction and pond had fallen into disuse in recent decades.

The Agency explained: "As yet we do not have a cost for the weir removal works. The activities that will be commissioned this year (2023) will be to survey the area around the works to ensure we understand the structure, the surrounding river character and any potential utilities or other constraints in the area. 

"This will then a allow a detailed design for weir removal to be procured by SEPA. The actual engineering operation to removal the weir would take place at the earliest 2024, or later in 2025."

The weirs SEPA is commissioning fish passage work at are structures which have been redundant for some time. "We do not commission such work on active weirs and dams - for example those which still serve an economic purpose."

Plans for the Halter Burn follow similar initiatives elsewhere in Scotland in a bid to repair watercourses.

SEPA administers the Water Environment Fund on behalf of the Scottish Government and works in partnership with local authorities, landowners, fishery trusts and conservation bodies to deliver an annual programme of river projects.

During 2022, two of the projects completed involved full weir removals from the River Eden at Gateside Mills in Fife and the Bronie Burn near Ellon in Aberdeenshire. 

These schemes, made possible by more than £500,000 of backing from the fund, reinstates the natural migration of fish and allow them to access up to 30 kilometres of upstream habitat that had previously been blocked off. In turn, this will improve the wider health of the rivers by improving their status for fish migration from poor to good. 

HQ virtually empty but council spent £5.7 million on new offices

by OUR LOCAL GOVERNMENT STAFF

Less than twenty per cent of the office space at Scottish Borders Council headquarters is in use at any given time, a situation causing critics to wonder why the authority needed to spend £5.7 million on a state-of-the-art administration suite for IT contractors who moved out of HQ last November.

Councillors will decide next week whether to sanction a proposed new 'vision' for the 1960s office block in Newtown St Boswells which has been the region's main local government hub for decades. The transformation could include community spaces, sections of the building being used by other public agencies, and even gardens and food growing facilities in the grounds.

Although there is space for 400 council office workers in the complex, a report prepared for the SBC Executive confirms that only between 60 and 70 members of staff are in the HQ on any given day. Since the pandemic, many council employees have been working from home.

The report from John Curry, Director Infrastructure & Environment, says the purpose is to set out the proposed approach for how Scottish Borders Council intends to utilise its office accommodation, post pandemic, to realise best value and support communities effectively. 

"A programme of work, commenced during the pandemic, is in progress and remains to be completed. There are some key areas within Council Headquarters that are the current area of focus which, once complete, will offer flexible solutions to office accommodation and enable improved opportunities for inter-agency and third party collaborative working."

In 2016 SBC signed a £92 million contract which out-sourced its IT services to global business CGI, a deal which was later extended until 2040, costing the authority another £99 million. Part of the contract involved the development of an IT centre in Tweedbank at local authority expense where CGI staff, including those transferred from SBC would be housed.

Originally, it was announced that CGI would provide 200 well-paid jobs. But recruitment has been much slower than anticipated, and part of the new Tweedbank suite is now occupied by SBC's own Inspire Academy. 

Current CGI job adverts for their Borders centre offer applicants the opportunity to work in a "purpose-built, state-of-the-art office". 

Mr Curry's report explains that following the lockdown caused by the Covid pandemic, the Council has allowed those who are able to work in an "agile" way, either working from home or booking desks in Council offices if that is their preference, providing the option of hybrid working has assisted the Council in meeting a range of recruitment challenges in its central functions. 

"This flexibility is one of the key benefits employees are now looking for when looking for a new role and considering which organisations they wish to work for in an increasingly competitive labour market."

Mr Curry points out the vast majority of Council staff work in frontline roles, 4,168 Full Time Equivalent staff work in Schools, Social Work Centres, Care Homes, and other front line functions such as Care at Homes, Waste, Roads and Parks. These are critical, face to face client-focussed, locality specific services being provided to the public. The hybrid working policy applies to approximately 1,500 staff of whom approximately 400 were previously based in Council HQ.

"The vision is to reimagine HQ as a Civic Hub, to optimise use of the building, increasing occupancy and utilisation. This provides opportunities to support public and third sector partners by working more closely and collaboratively, pooling resources whilst also helping to share/ reduce operational costs and maximise investment that SBC have already committed. SBC is in active discussions with NHS Borders, Live Borders and Borders Community Action about co-location opportunities at HQ.  Preliminary, exploratory discussions have been arranged with Police Scotland and SFT [Scottish Futures Trust] about opportunities for co-location and greater collaborative working in the Scottish Borders."

The report also claims there is an opportunity to create community gardens and community food growing areas in and around the building so that HQ becomes more than just the administrative office for the neighbouring community.

"SBC and partners provide grant support to many local businesses, often these grants are used by businesses to help cover their building operating costs. There is an opportunity to create a business hub/ incubator space which could be enhanced by enabling direct access to officers and our partners to help support businesses as they emerge, grow and/ or sustain."

According to the report the ground floor of the main building and extension building has been arranged to provide bookable desk space and has been in use by a large number of staff since February 2022. The impact of the Hybrid Working policy is that there are a reduced number of staff working in HQ compared with pre-pandemic levels. Occupancy varies and is increasing but typically there are between 60-70 staff working at HQ each working day.

The first floor of the main building has been refurbished as a shell space and is intended to be completed to provide collaborative/ group working. 

"This will be particularly suited to colleagues who need to have drop-in sessions or for wider inter-disciplinary working. To complete this space ready for use some new furniture remains to be purchased for this area to make it suitable for the intended use. This will accommodate up to 77 staff plus 18 spaces in 3 meeting rooms. It is envisaged that this space could be made available to external organisations to generate an income and benefit from collaborative working. 

"NHS Borders have already relocated approximately 60 staff from the Learning Disability service from Earlston to HQ occupying space on the first floor of the extension building, generating a rental income for SBC. The remaining accommodation on the first floor will be retained for the Council’s Management Team without any investment."

The report says the first phase relocation of CGI to Tweedbank allowed a portion of their former accommodation to be remodelled in order to create a new Emergency Planning Control Centre and to co-locate the Communications Team to this area. 

"This has offered a fit for purpose space and facility that allows direct access to/ from the outside without the requirement to open the wider building. It has built-in audio visual capabilities that are significantly greater than the former windowless area housed in the Council HQ basement and known as “the Bunker”. This new facility which allows the co-location of emergency services and council staff during an incident or event requiring planning and co-ordination of a multi-agency response has received very positive feedback from partner agencies who have used it."

The proposed new vision will require additional estimated expenditure of £480,000 including £230,000 for a meeting/civic zone, and £150,000 for a training suite. In recent times over £2 million has been spent at HQ, principally on reception/canteen (£1.042 million) and office improvements (£848,000).

Wind farm traffic a 'safety danger' - objectors

by DOUGLAS SHEPHERD

The town of Hawick will face three years of traffic chaos if a 62-turbine wind farm is given the green light, according to a pressure group which campaigns to improve economic and environmental aspects along the A7 trunk road corridor.

Members of the A7 Action Group which has been in existence since 1990 have lodged a strong objection to the planned Teviot Wind Farm, claiming the intensive pounding by construction traffic could cause the surface of the A7 to fail.

The objection is the latest to be published by the Scottish Government's Energy Consents Unit which is considering the application from Muirhall Energy. The turbines and associated infrastructure would be scattered over a sizeable part of  rural Teviotdale.

Members of Scottish Borders Council's planning committee are expected to issue their decision on the wind farm project in July. It is expected the issue will eventually proceed to a public inquiry.

A7 Action Group chairman Ian Turnbull says in the objection statement: "[The group] is mindful of the current economic need for proposals to generate clean and sustainable energy, through using the most appropriate forms of technology and locations. 

"However, the A7 Action Group members, having carefully considered this development application from Muirhall Energy Ltd. have serious concerns about several issues relating to the potential construction of this proposed windfarm at Teviothead. This is a popular area located in the heart of the Scottish Borders which forms part of a major tourist corridor between England and Scotland. Whilst primarily concerned with various aspects of safety and damage to the A7 road, the A7 Action Group has also noted other knock-on effects and is therefore opposed to the windfarm application".

As part of their argument, the group refer to traffic volumes resulting from the development of the Teviot turbines.

"The group is concerned at the load size and volume of traffic needed to facilitate deliveries to the site. Analysis of the application highlights that the planned windfarm will consist of sixty-two turbines plus a 34MW solar panel farm. The largest turbines are planned to be of 240-metre height to tip.

"There has already been some major disruption to traffic in the area, due to advanced works being carried out, viz. the removal of street furniture and altering of roundabouts in Hawick to facilitate the transportation of turbines to Pines Burn (wind farm), near Bonchester. The Teviot Windfarm intends to partially use the same land route from the port of delivery to the windfarm site. As the Pines Burn Windfarm turbines are for a planned height of 158 metres to the tip, the proposed Teviot Windfarm, being of a proposed height of 240 metres to the tip, this will inevitably create even more disruption to traffic both on the A7 and within the town of Hawick."

It is claimed each turbine will, by necessity consist of eleven abnormal loads. These loads will consist of three blades, each load being approximately 84 metres in length, including the vehicle, with a combined vehicle and load weight of approximately 76 tonnes; 5 tower sections, each with an overall length, including the vehicle, in excess of 45 metres, and a weight for the tower sections alone at approximately 80 tonnes plus the weight of the vehicle and trailer.

According to the group: "Then there is the width of each of these loads to consider. The tower sections are estimated to be about five metres in width. The blades are likely to be about 4.5 metres in width at their widest point. This is more than the width of a normal carriageway of a two-way undivided road, total width for both carriageways being approximately eight metres."

Having consulted an expert, the group estimates that 178 cement trucks will be required for the construction of each turbine foundation. They go on to calculate 178 x 62 = 11,036 cement loads. And there  will be other material requirements adding to the increased traffic. Each of these material loads will further disrupt the traffic, create delays, and put public safety at risk, says the objection document.

A section of the group's report headed Wear and Tear  says these problems will impose a huge burden on the structure and infrastructure of the A7 corridor as well as other approach roads used by the construction contractors. There is concern that this extra heavy traffic will have a negative effect on the road surface, which may fail. 

Road verges will also be adversely affected due to vehicles moving onto the verges to allow the passage of abnormal loads. The group is of the opinion that this additional wear and tear will result in an increase of damage to vehicles using the road from potential potholes and other damage caused.

"What plans are in place to timeously deal with damage caused to the roads?", they ask.

Then the group points out that once reaching Hawick, the planned route takes the abnormal loads through the town via a series of difficult road junctions and hazards at Wilton Hill, Mart Street, Bourtree Place, High Street, Tower Knowe and Sandbed, before re-joining the A7 at Buccleuch Street.

"Thereafter, abnormal load convoys will travel south on the A7 until they reach the site entrance at Old Northouse. Disruptive traffic delays and congestion are envisioned regardless of the route chosen, with convoys of vehicles approaching and accessing the site. It is also considered that the turn into the site from the A7 will be difficult to safely negotiate".

It is highly likely, say the group, that extreme difficulties will be experienced, even with the planned pre convoy roadworks to alter roundabouts and remove street furniture, for convoy vehicles negotiating the planned route. 

"As well as the pre convoy road works causing extreme disruption to traffic and pedestrians, the convoys themselves will cause a huge amount of chaos within the town centre of Hawick. In view of the width of these loads, most of the width of the roads within the town will be taken up. Public safety will be at risk due to the potential for impatient drivers on the open road outside of Hawick, to ignore any instructions by escort vehicles and personnel, thus a potential for serious road traffic collisions to occur. 

"There does not appear to be any plans to mitigate this disruption and the dangers. The disruption over the entire period of construction, which is believed to be approximately three years, will inevitably have the knock-on effect of being detrimental to businesses and tourism and will therefore have an adverse effect on the local economy."

Delaware court papers 'seized by police'

by OUR CIVIL CLAIMS TEAM

A planned $500 million Delaware lawsuit aimed at recovering huge losses allegedly suffered at the hands of UK insolvency experts, lawyers and a number of so-called 'Bad Buggers' may be further delayed after all papers and productions linked to the litigation were apparently seized by North Yorkshire police.

As recently as April 12th Martin Frost, the bankrupt former chairman of companies bearing the name Avocet and Genfro claimed in correspondence he sent to shareholders that Genfro's unnamed "donors" had the process and evidence to commence the US proceedings 'this April'.

Mr Frost, who lives in Scarborough, has claimed repeatedly that at least £150 million has been 'stolen' from the Avocet Group following the collapse of several businesses which are now in the hands of liquidators or administrators. Each firm has a list of creditors said to be owed hundreds of thousands of pounds.

Investors in Avocet Infinite [now called Omega Infinite and in compulsory liquidation] were told the green vehicle fuel the company was working on was worth hundreds of millions of pounds. But no product ever came to the market, and now the patents believed to be held by Genfro are said by critics to be completely worthless.

The proposed class action in the courts of Wilmington, Delaware has been mentioned many times by Mr Frost in a series of 'newsletters', copies of which have been seen by Not Just Sheep & Rugby.

In the April 12th missive, Mr Frost wrote: "Genfro’s donors are seeking to obtain the assignment of your debt claims caused by the [named parties] and so to join in the class actions being brought in the USA by Avocet, and Genfro shareholders in Wilmington, Delaware, USA. 

"In the US the consequences of company wrongdoing by professionals are more expensive and carries punitive damages. Thus, given all the circumstances of theft, legal fraud, failure to renew Avocet patents, bad mouthing by XXXX and the ‘bad buggers’: the total award from a US jury trial is not likely to be less than $500 million to Avocet shareholders with XXXX and XXXX carrying the brunt. Currently, Genfro’s donors have the process and evidence to commence these US proceedings this April."

Two days later Avocet investors were told by Mr Frost: "Genfro has two Delaware subsidiaries which brought in a cluster of Avocet / Genfro North American shareholders. Because Delaware courts are the fastest in the US, one (this year) can expect positive verdicts against the ‘Bad Buggers’. 

"Because of the extensive experience of the Delaware courts, Delaware has a more well-developed body of case law than other states, which serves to give corporations and their counsel greater guidance on matters of corporate governance and transaction liability issues. There is not a question as to whether or not our donors will be successful in our litigation: the question lies as to how much in punitive damages that will be secured."

A newsletter dated April 16th declared: "Along with the postal voting slip will be a litigation assignment agreement. This is a universal document which can be used in UK, EU, and North American courts. Apart from your time there is no cost obligation to you, but if you do decide to join the class actions your entitlement assignment should carry two witnesses to your consent along with the name and address you wish your payments to go to. All payments shall be made by cheque via your national postal system."

According to Mr Frost, joint life president of Genfro, the thrust of the Delaware litigation claims were that Omega Infinite Plc was cash book solvent on 30th March 2020 when liquidators were appointed. He added: "Martin Frost does not have an overdrawn loan account with Omega Infinite Plc, and there is an ongoing plot to denigrate Martin Frost and Avocet."

There was a new twist on April 28th when Dr Bob Jennings, the other life president of Genfro, put out what was called a "Warning of Pre-Action Protocol".

The Jennings document stated: "We are a group of Omega Infinite Plc shareholders who believe that in your performance of your professional duty you have failed us. Your failure is better set out in the six current Lloyd Reports of which you are cognisant. 

"This is a warning that after 14 days you will receive a Pre-Action Protocol which will give you 28 days to enter into settlement discussions. Failing which an action shall be raised in Wilmington in the State of Delaware. Such action, in addition to seeking monetary recompense, will seek US confiscation awards against you. Unless you choose to caveat your position, confiscation awards can become interim in 42 days’ time.

"Please note that while this and similar actions are funded by ‘The Omega Shareholders Association’ whose ultimate parent is Genfro Limited, other non Genfro shareholders have directly assigned their claims to ‘The Omega Shareholders Association’ (a Delaware Corporation). Please, do not ignore this notice."

Then came the bombshell news of the intervention by North Yorkshire Police.

An email from Mr Frost which was circulated on May 4th revealed that on the previous day - prior to him leaving for medical treatment - "North Yorkshire Police seized all my Genfro, Avocet and personal computers and phones".

He also told shareholders: "The police appeared to be interested in recent Genfro and Avocet correspondence, the Lloyd Reports and the UN Avocet dossier plus all papers and productions for the upcoming Delaware litigation.

"I was not interviewed by the police but was instead taken to hospital. I was subsequently released by the police without charge and without any bail or conditions and kindly driven home".

North Yorkshire Police were contacted by us on Friday May 5th for comment. At the time of publication we had not heard back from the force.