tag:blogger.com,1999:blog-9359091913990273182024-03-15T18:12:39.666-07:00Not Just Sheep and RugbyNot Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.comBlogger947125tag:blogger.com,1999:blog-935909191399027318.post-83644153745890530992024-03-13T08:43:00.000-07:002024-03-13T08:43:00.045-07:00"Payment for patents sold to Avocet 'extremely remote'" - liquidator<p>by <b><u>OUR BUSINESS EDITOR</u></b></p><p>The intellectual property belonging to the forerunner of the insolvent Avocet Group of companies which was valued at £4 million in 2015 has still not been paid for following its 'sale' to an associated business now in compulsory liquidation.</p><p>Bankrupt Martin Frost, a director of AFS Ventures Ltd nine years ago when the company was to be wound up, signed a so-called Declaration of Solvency which claimed there would be a £1.1 million surplus after all debts were paid.</p><p>Later, the patents held by AFS, which had been involved in research and development for BioFuels, were supposed to have been 'sold' to Avocet Infinite PLC of which Mr Frost was chairman. And the 50,000 £1 shares in AFS were in the ownership of Loch Lomond Heritage, another firm controlled by the Frost family.</p><p>Avocet Infinite attracted 650 shareholders who invested many millions of pounds, hoping to benefit from that company's 'revolutionary air-to-fuel' developments. But not a single product was brought to market before Avocet Infinite changed its name to Omega Infinite before being liquidated.</p><p>The latest twist in the complicated nine-year liquidation process involving AFS is contained in a 'progress report' from insolvency expert Eric Walls, of KSA Group, who has been joint liquidator from the outset. He has now announced his intention to "bring my administration of this case to a close".</p><p>His newly published report covering the period January 2023 to January 2024 shows asset realisation during the 12 months totalled £14.76 (gross bank interest).</p><p>The AFS report says: "The only remaining asset detailed on the Statement of Affairs (SoA) was in respect of the company's intellectual property which had been sold to Omega Infinite PLC which is in compulsory liquidation, albeit the final level of consideration in respect of that sale has not been paid.</p><p>"It had been unclear as to whether any further funds would be realised in respect of the company's intellectual property due to the complexities of this matter and the compulsory liquidation of Omega. However, having reviewed the latest progress report from that liquidation, I now consider that the likelihood of any realisation in respect of the amounts owed for the intellectual property are extremely remote".</p><p>The only distribution of money to be made by Mr Walls will be to Her Majesty's Revenue & Customs who filed a claim for £100,650 in respect of unpaid Value Added Tax (VAT).</p><p>Mr Walls adds: "For clarity, whilst remuneration of the liquidators remains outstanding in respect of the prior MVL (Members' Voluntary Liquidation), it is not intended to lodge a claim in this respect of this liquidation. We give notice that no dividend will become payable to the unsecured creditors in this liquidation."</p><p>One of those unfortunate creditors is law firm Womble Bond Dickson - due £75,000. A solicitor from the practice, Victoria Smith, witnessed the 2015 Declaration of Solvency.</p><p>According to Mr Walls: "There are a number of legal actions ongoing in respect of a number of matters, none of which the liquidators of the company, or the company itself, are party to. I am therefore unable to comment any further on these matters as these continuing disputes may result in further legal action".</p><p>And he concludes: "Based on the reports of the joint liquidators of Omega, it is now believed that no realisations will be made".</p><p>After reading Mr Walls' report, an individual who has followed the entire Frost/Avocet saga from the AFS Ventures days onwards commented: "So
that is that and it only took nine years to get……..well, where? </p><p class="MsoNormal"><o:p></o:p></p><p><br /></p>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-34405666703762689572024-03-12T10:03:00.000-07:002024-03-12T10:03:03.075-07:00Borders planning authority both for and against same scheme<p>by <b><u>OUR LOCAL GOVERNMENT EDITOR</u></b></p><p>An application from a business which was deemed by planning officers to be in line with Scottish Borders Council's approved Local Development Plan only three months ago is now being opposed by the local authority which claims the proposal "is not in accordance with" the aforementioned development plan. </p><p>The complete volte-face by the Borders planning authority comes after councillors decided by five votes to two to reject a recommendation for approval from their chief planning officer Ian Aikman.</p><p>Instead, the elected members dismissed proposals for the formation of storage space for agricultural machinery and equipment, and for up to 2,500 tonnes of potatoes on land at Mounthooly, near Jedburgh.</p><p>According to the committee decision: "The proposed development would lead to the loss of prime quality agricultural land" and use of the site for storage would not be compatible with or reflect the character of the surrounding area.</p><p>Following an appeal to the Scottish Government's Planning and Environmental Appeals Division [DPEA] by Andrew Ramsay, of Kelso-based Ramsay Mounthooly Ltd., SBC now finds itself asking planning reporter Sarah Foster to reject the appeal. Ms Foster is due to carry out a site visit this week.</p><p>Among the 16 objectors to the original proposal was Ross Horrocks, owner of the award winning Borders restaurant The Caddy Mann which is situated close by the development site.</p><p>Mr Horrocks told planners: "As an immediate neighbour and a longstanding popular business, the application as it stands would have a serious detrimental effect both on our business and the wellbeing and safety of the other residents of Mounthooly.</p><p>"More recently, this reasonably quiet farmyard has turned into a busy industrial estate with a large amount of heavy traffic, numerous businesses operating from different buildings, and further buildings being erected causing both noise and light pollution".</p><p>The Caddy Mann has been named the UK's best game restaurant and overall Scottish champion, and has featured in the Visit Scotland awards for 14 consecutive years.</p><p>Professor John Darling, and his wife Pamela, who live in Mounthooly House, claimed in their objection letter that local residents had seen a transition from small scale seed potato storage to high intensity continual industrial activity with early morning starts and late evening and weekend working throughout the year.</p><p>In recommending approval for the scheme in a report to the December meeting of SBC's Planning and Building Standards Committee, Mr Aikman wrote: "The proposed use would not be incompatible with the existing land use pattern or the residential amenity of neighbouring properties.</p><p>"The choice of site, layout, and scale of proposals will not result in further adverse impacts. The development will accord with the relevant provisions of the statutory Development Plan and there are no material considerations that would justify a departure from these provisions".</p>However, in her communication to the appeal reporter in the wake of the committee decision, the council's managing solicitor Sarah Thompson states: "It is submitted by the Planning Authority that the proposed development is not in accordance with the Scottish Borders Local Development Plan 2016. It is therefore respectfully submitted that the appeal should be dismissed."<div><br /></div><div>Craig Smail, clerk of works at Lothian Estates, and agent for Mr Ramsay has pointed out to Ms Foster that in the 20 years of his client owning the adjacent site they had never known it to yield any agricultural produce. The small area of land (a paddock) made it impractical for modern-day machinery.</div><div><br /></div><div>A decision on Mr Ramsay's appeal is expected by early April.</div>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-28646955830536467502024-03-11T09:27:00.000-07:002024-03-11T09:27:03.867-07:00Child abuse by Borders foster carers 'minimal', says council<p>by <b><u>OUR OWN REPORTER</u></b></p><p>A detailed examination of local government minutes and reports covering an 84-year period from 1930 to 2014 has concluded that the scale and extent of abuse of children in foster care in the Scottish Borders has been 'limited' and 'minimal'.</p><p>The exercise was carried out to gather written evidence sent by Scottish Borders Council [SBC] to the Scottish Child Abuse Inquiry in response to a Notice requesting the local authority to provide information about the fostering service delivered by successive councils from 1930 onwards.</p><p>In its 91-page submission to the inquiry, the Borders local authority tells how the fostering service for children developed under the control of county councils (1930-1975), then Borders Regional Council (1975-1996) and finally by SBC since the last reform of local government.</p><p>All local authorities in Scotland have assembled written evidence on fostering for consideration by the long-running national investigation into child abuse.</p><p>According to the SBC report: "From 1930 onwards involvement of local authorities in the Scottish Borders in the provision of various forms of alternative care - boarding-out, residential care and foster care was largely driven by national government legislation, policy and guidance, which was then enacted on a local basis. The historic evidence reviewed also gives a strong sense of the principle of the welfare of children which is apparent throughout."</p><p>In response to questions about the funding of fostering, SBC says paying for boarding-out and fostering is recorded in all relevant governance and management meeting minutes from 1930 onwards. It is not clear from many of the historic sources how and to what extent fostering was funded overall and what budget was designated specifically for the care of children. From regionalisation in 1975 there is clarity in terms of the overall social work budgets and provision for childcare and fostering services.</p>From 1930 onwards there are references in county council minutes to funding other local authorities in meeting the costs for the care of children who originate from the Scottish Borders. These included residential resources and boarding-out and fostering arrangements. Placements of children in establishments such as Barnardo's Homes, the Orphan Homes of Scotland, St. Ninian's House of Falkland, etc. appear to have been paid on a spot purchase basis.<div><br /></div><div>According to the Borders evidence: "Funding of those boarded-out or fostered was more generally subject to standardised, agreed funding and differentiation was made between placement of children with relatives and with 'strangers' - for example: Roxburghshire Public Health and Social Welfare Committee 15/11/1943 - the weekly allowances for boarded out children are recorded - (a) with strangers 12/6d for children up to 12 years of age and 15/- over 12, and (b) with liable relatives 10/- up to 12 years of age, and 12/6d over 12 years of age."</div><div><br /></div><div>While the reasons for 'boarding out' children in the 1930s and 1940s were similar to decisions on fostering today, there were a number of unorthodox cases recorded in historic council papers.</div><div><br /></div><div>An extract from Berwickshire Community Council Public Health and Public Assistance minutes for 04/02/1941 - refers to a "Juvenile delinquent,***** who, after appearing in the Sheriff Court in Duns on 27/12/1940 the Director of Education initiated arrangements for the girl to be received into the home of Mrs.*****, Bridgend, by Linlithgow at a charge of 15/- per week recoverable from the girl's father."</div><div><br /></div><div>In terms of the number of children being fostered at any given time, the submission explains that the Roxburgh Public Health and Public Assistance Committee of 12/01/1931 lists 9 guardians receiving payment for looking after children (classed as Non-Resident Poor). The Borders Regional Council Social Work Committee Report of October 1994 - the Monitoring of Child Care Services - there were 22 Community Carers and 13 Foster Carers. The Scottish Borders Council Fostering Service currently registers foster carers in the following categories: • Short Term Foster Carers - 35 carer households (60 carers); 47 placements (and 13 Continuing Care placements in addition).</div><div><br /></div><div>SBC also responded to a series of questions from the inquiry team specifically linked to instances of abuse of children.</div><div><br /></div><div><b><span style="font-family: "Aptos",sans-serif; font-size: 11.0pt; mso-ansi-language: EN-GB; mso-bidi-font-family: Aptos; mso-bidi-language: AR-SA; mso-fareast-font-family: Aptos; mso-fareast-language: EN-US; mso-fareast-theme-font: minor-latin; mso-ligatures: standardcontextual;">Were there any changes in culture that were
driven by abuse, or alleged abuse, of children in foster care?</span></b><span style="font-family: "Aptos",sans-serif; font-size: 11.0pt; mso-ansi-language: EN-GB; mso-bidi-font-family: Aptos; mso-bidi-language: AR-SA; mso-fareast-font-family: Aptos; mso-fareast-language: EN-US; mso-fareast-theme-font: minor-latin; mso-ligatures: standardcontextual;"> <b>If so, when did they
occur and how did they manifest themselves?</b> </span>In 2011 A Scottish Borders Council foster carer was convicted of the sexual abuse of two young people in his care. Following the disclosures and review of the case, the practice of statutory visits to children in care placements was reviewed. The Children and Families Practice Standards were changed to ensure children and young people in placements are visited at least monthly. Children should also be seen on their own. </div><div><br /></div><div>"In 2014 a foster carer was deregistered following a series of incidents of concerning supervision of children in her care, and subsequent minimisation of the potential consequences of this lack of supervision. Following the case, guidance was issued for managing situations where there are incidents of repeated allegations of poor practice about carers."</div><div><br /></div><div><span style="font-family: "Aptos",sans-serif; font-size: 11.0pt; mso-ansi-language: EN-GB; mso-bidi-font-family: Aptos; mso-bidi-language: AR-SA; mso-fareast-font-family: Aptos; mso-fareast-language: EN-US; mso-fareast-theme-font: minor-latin; mso-ligatures: standardcontextual;"><b>Does the local authority accept that
between 1930 and 17 December 2014 any children cared for in foster care were
abused?</b> </span>There is knowledge of children cared for in foster care who were abused.</div><div> <b><span style="font-family: "Aptos",sans-serif; font-size: 11.0pt; mso-ansi-language: EN-GB; mso-bidi-font-family: Aptos; mso-bidi-language: AR-SA; mso-fareast-font-family: Aptos; mso-fareast-language: EN-US; mso-fareast-theme-font: minor-latin; mso-ligatures: standardcontextual;">If so, what is the local authority's assessment
of the extent and scale of such abuse?</span></b><span style="font-family: "Aptos",sans-serif; font-size: 11.0pt; mso-ansi-language: EN-GB; mso-bidi-font-family: Aptos; mso-bidi-language: AR-SA; mso-fareast-font-family: Aptos; mso-fareast-language: EN-US; mso-fareast-theme-font: minor-latin; mso-ligatures: standardcontextual;"> </span>The records available only allow identification of the incidents set out at Part D which would indicate limited extent and scale.</div><div><br /></div><div><p class="MsoNormal"><b>Does the local authority accept that its systems failed
to protect children in foster care between 1930 and 17 December 2014 from
abuse?</b> <o:p></o:p>The local authority do not consider that this would be a suitable inference to draw based on the information available. The Borders Regional Council Child Abuse Registrar 31/12/1976 reference to the Social Work Department's responsibility to compile a list of "children considered to be 'at risk' of non-accidental injury." Reference states the register had been established 18 months prior to the meeting and that there were 15 children on the register. There are brief case studies included in the papers, but none refer to children looked after in foster care. </p><p class="MsoNormal"><b><span style="font-family: "Aptos",sans-serif; font-size: 11.0pt; mso-ansi-language: EN-GB; mso-bidi-font-family: Aptos; mso-bidi-language: AR-SA; mso-fareast-font-family: Aptos; mso-fareast-language: EN-US; mso-fareast-theme-font: minor-latin; mso-ligatures: standardcontextual;">What is the local authority's assessment of the
scale and extent of abuse of children in foster care?</span></b><span style="font-family: "Aptos",sans-serif; font-size: 11.0pt; mso-ansi-language: EN-GB; mso-bidi-font-family: Aptos; mso-bidi-language: AR-SA; mso-fareast-font-family: Aptos; mso-fareast-language: EN-US; mso-fareast-theme-font: minor-latin; mso-ligatures: standardcontextual;"> </span>Scottish Borders Council believe the scale and extent of abuse of children in foster care to be minimal. This does not detract however from the very serious nature of any incident of abuse, particularly when it has occurred within a foster care setting. </p><b>How many complaints have been made in relation to alleged abuse of children in foster care?</b> Eight individuals but in two cases, concerns were around general care, discipline and inappropriate chastisement and are likely to have involved a number of children. <b>Against how many foster carers have the complaints referred to above been made?</b> 10 carer households (14 individual carers).<b> How many foster carers have been convicted of, or admitted to, abuse of children? </b>One foster carer has been convicted of the abuse of children </div><div><b><br /></b></div><div><b>How many foster carers have been found by the local authority to have abused children?</b> Seven carer households (nine individual carers). This assessment is based on the small number of incidents of abuse and alleged abuse which have been reported since 1990, set against the numbers of children and young people cared for by the Scottish Borders Council Fostering Service over this period.<br /><br /> </div>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-51396316530590661142024-03-07T07:05:00.000-08:002024-03-07T07:05:17.777-08:00£70,000 charity executive claims unfair dismissal<p>by <u><b>DOUG COLLIE </b></u></p><p>The former chief operating officer of a Borders-based charity which supports people with learning difficulties claims to have been sacked on the spot following disclosures he made about Brothers of Charity Services (Scotland) [BOC] to national watchdog The Care Inspectorate.</p><p>Gary McManus, who was receiving a salary of £70,000 at the time of his dismissal last November, voiced concerns about several aspects of the charity's operations at a Teams meeting with the Inspectorate's Lynne Hepburn only days before his employment was terminated.</p><p>But an Employment Tribunal (ET) hearing heard that management at BOC denied any link between Mr McManus talking to Ms Hepburn and his sacking. Instead, he had been told to leave his executive post because of "issues in the working relationship" between him and BOC.</p><p>Stuart Neilson, an ET judge, has rejected Mr McManus's application for so-called interim relief to preserve his employment status until the tribunal has decided a claim for unfair dismissal.</p><p>But the written judgment explains that this
decision is purely in the context of the application and has no bearing upon
any final decision in the case when the Tribunal and the parties will have had
the benefit of hearing oral testimony, with appropriate cross examination, and
consideration of all relevant documentary evidence.</p><p>Mr McManus was employed by the charity from March 2022 until November 2023 during which time his annual salary increased from an initial £54,000 to £70,000. The claimant alleges that he was unfairly dismissed and that the reason or principal reason was due to the disclosures that he made to the Care Inspectorate.</p>According to the tribunal report, Mr McManus made the following disclosures to Ms Hepburn: "(a) Concerns regarding governance and compliance issues within the respondent [Brothers of Charity Services (Scotland)]; (b) That he understood there had been a practice within the respondent of falsifying the files that the respondent held for each registered manager. In particular that there was a standard file that met the requirements that the Care Inspectorate might look for with regard to a registered manager and the practice had been simply to use that standard file but change the name of the registered manager on the file – so that in reality the file did not actually relate to that specific registered manager. <div><br /></div><div>"(C) That there had been a failure to provide incident reports (“Notifications”) to the Care Inspectorate. These Notifications, which were a legal requirement, relate to any adult protection concern – which might include e.g. abuse, significant harm or staffing issues. Some of the failures went as far back as 2008/2009. (d) Issues around the undermining, by the respondent, of the approved management review and restructure that had been approved by the respondent in April 2023. (e) Flip flopping on decision making within the respondent – in terms of inconsistency in dealing with people issues such as performance."<p class="MsoNormal"><o:p></o:p></p></div>Mr McManus alleged that he made these disclosures as he wanted to reset the relationship between the respondent and the Care Inspectorate and to demonstrate transparency and ownership of issues. This followed a Care Inspectorate report into BOC in the summer of 2023 that had given the respondent a “weak” rating.<div><br /></div><div>As a consequence of making these disclosures the claimant alleged that was called to a Teams meeting on 30 November 2023 with the Chief Executive, Jane Moore and the head of HR, Fiona MacDonald. At that meeting he was notified that his employment was terminated with immediate effect<span style="font-family: "Aptos",sans-serif; font-size: 11.0pt; mso-ansi-language: EN-GB; mso-ascii-theme-font: minor-latin; mso-bidi-font-family: "Times New Roman"; mso-bidi-language: AR-SA; mso-bidi-theme-font: minor-bidi; mso-fareast-font-family: Aptos; mso-fareast-language: EN-US; mso-fareast-theme-font: minor-latin; mso-hansi-theme-font: minor-latin;">. </span>The dismissal was pre-determined. He was given no opportunity to answer any of the allegations. There was no fair process and no right of appeal.</div><div><br /></div><div>Daniel Gorry, solicitor representing BOC, told the tribunal the respondent was unaware of the content of the discussions on the call between Mr McManus and Ms Hepburn but had been advised by the manager at the Care Inspectorate that the claimant complained about the managers within the Social Work department of the respondent’s funder, Scottish Borders Council.</div><div><br /></div>The respondent was also able to point to a timeline that showed the real reason for dismissal was not linked to the alleged disclosures. In particular Mr Gorry highlighted that there were issues in the working relationship between the claimant and the respondent.<div><br /></div><div>He drew attention to a breakdown in the relationship between Fiona MacDonald and the claimant from September 2023 and concerns the CEO had about unprofessional e mails from the claimant. Mr Gorry referred to e mail exchanges between Fiona MacDonald and the claimant on 27 and 28 September 2023 that he suggested showed unfair criticism of Fiona MacDonald by the claimant regarding an employee’s registration details. <br /></div><div><br /></div>Mr Gorry submitted that all of this culminated in the CEO speaking to the Chair of the Board, Brother John O’Shea, on 20 November 2023 to discuss the continued employment of the claimant. They agreed to seek legal advice and a decision was made to terminate the claimant’s employment. That was actioned on Thursday 30 November 2023 when the claimant returned from annual leave.<div><br /></div><div>BOC Services (Scotland) with a staffing headcount of around 250 supports over 80 individuals in the Borders ranging in age from 22-85 years, and has also provided care at home services.</div><div><br /></div><div>The purpose of the charity "is to provide care and support to individuals that makes a real and meaningful difference to their lives".</div><div><br /></div><div>An annual report published in 2022 noted: "Our staff turnover rate this year hit a record high of 30% and the main contributing factors are in line with the sector-wide profile - exhaustion, anxiety, stress, frustration at the lack of recognition in the wider community of social care staff".</div><div><br /></div><div>In that year BOC received total income of £6.7 million while the cost of delivering its services totalled £6.9 million<br /><div><br /></div><div><br /></div></div>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-32792967634197836982024-03-05T09:17:00.000-08:002024-03-05T09:17:37.983-08:00Spiralling debt revealed for failed 'cutting edge' business<p>by <b><u>OUR BUSINESS UNIT</u></b></p><p>The money owed to a secured creditor by a failed 'disruptive technology' agri-business based in Berwickshire has skyrocketed by more than 80 per cent since administrators were sent in four years ago, according to a newly released report.</p><p>Orrdone Farms Ltd (previously called Avocet Farms) was controlled by businessmen Martin Frost and Dr Robert Jennings prior to its crash in 2020. Instead of revolutionising farm production and green fuel manufacture, as promised, the firm now has creditors claiming more than £11 million, and there are insufficient funds even to pay administrator Emma Porter.</p><p>A progress report on the administration by Ms Porter shows the sum due to secured creditor United Kingdom Agricultural Lending Ltd [UKALL] totalled £3.25 million at the date of her appointment in January 2020. With interest and charges, the figure at December 1st, 2023 stood at £5.89 million, an increase of 81.2% with interest continuing to run until the debt has been settled.</p><p>The courts recently granted an extension to the administration until January 2026. The latest report to creditors covers the period July 2023 to January 2024.</p><p>Ms Porter writes: "There has been no change in the period in relation to the non-cooperation of the directors (the board included Mr Frost and Dr Jennings). Extensive correspondence continues to be circulated to a wide variety of parties directly commenting on the administration procedure and the administrator personally. It remains my view that this correspondence is both inaccurate and inappropriate".</p><p>The report says that despite the unfortunate obstruction and deflection tactics employed by the directors, progress has been made with the sale of the company's assets.</p><p>"Numerous allegations have been made by the directors about assets and liabilities of the company, none of which have been able to be substantiated due to the lack of evidence provided".</p><p>Ms Porter considers that a significant sum is due to the company by Dr Jennings, and solicitors have been instructed to pursue this matter.</p><p>In a section of the report covering the bankruptcies of Mr Frost and his wife Janet Orr Frost, the administrator explains that she has submitted claims in both cases. "But the complexities of the case make it uncertain that a dividend will be available".</p><p>During the course of the administration process considerable time has been spent in an attempt to reconstruct certain financial records of the company. But this has been attempted using limited, incomplete and often outdated information delivered from a variety of sources.</p>The report also points out: "Potential creditors include 29 companies associated with the Avocet Group. It remains the view of the administrator that these companies are not genuine creditors".<div><br /></div><div>Ms Porter states there are insufficient funds to meet the costs of the administration which has so far involved expenditure of £614,000.</div><div><br /></div><div>She adds: "There are several areas where time costs have been incurred that have not been charged, such as dealing with police matters and inflammatory correspondence from the director [presumably Mr Frost]. The administrator has agreed to write off these costs. The total deduction in time costs is £98,343."</div><div><br /><br /><br /><br /></div>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-68765097152808251432024-03-04T02:21:00.000-08:002024-03-04T02:21:45.681-08:00Borders councillor cleared by Standards Commission<p>by <b><u>OUR LOCAL GOVERNMENT EDITOR</u></b></p><p>An unnamed member of Scottish Borders Council did not breach the councillors' code of conduct, a 16-month investigation by the Standards Commission for Scotland has concluded. A complaint lodged against the councillor in question has been dismissed.</p><p>Details of the case are contained in a written decision issued by the Commission's executive director Lorna Johnston. </p>The report shows that following his investigation into a complaint received in October 2022 concerning an alleged contravention of the versions of the Councillors’ Code of Conduct by an elected member of Scottish Borders Council (the respondent), the Ethical Standards Commissioner [ESC] referred the matter to the Standards Commission on February 22nd 2024. <div><br /></div><div>The complaint concerned an allegation that the respondent had failed to declare an interest at two meetings of the Council’s Common Good Fund Sub Committee, held on November 17th 2021 and November 23rd 2022. The complaint also claimed that the respondent may have accepted a free or reduced-price pitch at a local event held by a local company on common good land, in contravention of the code’s provisions regarding gifts and hospitality.</div><div><br /></div><div>In his report, Ian Bruce, the ESC advised that he had found: "The
respondent had been able to demonstrate that payments were made by his business
to the local company for pitches at events in 2018, 2019 and 2022. As such,
there was no evidence that any gifts or hospitality had been received. There
was also no evidence to suggest that the respondent had sought any preferential
treatment for his company."</div><div><p class="MsoNormal"> The ESC added that while the local company had benefited from the council’s policy not to charge certain organisations for the use of common good
land, there was no evidence of a connection between the respondent (and his
business) and the local company that went beyond what might be expected of
local businesses. </p><p class="MsoNormal">"In any event, the respondent had paid for his pitch and,
therefore, any benefit enjoyed by the local company as a result of the council’s decision was not passed on to him."</p><p class="MsoNormal">The investigation also concluded: "While the respondent knew
some of the directors of the local company and that his business had paid for
pitches at an event run by it, there was no evidence of any other connection. </p><p class="MsoNormal">"As such, the ESC was unable to conclude that a member of the public, with
knowledge of the relevant facts, would reasonably regard the respondent’s
connection as so significant that it would be likely to prejudice his discussion
or decision-making at either meeting. The ESC indicated, therefore, that he did
not consider that the Respondent had been required to declare an interest at
either meeting.</p><p class="MsoNormal">"Having considered the various factors of the complaint and the
evidence gathered, the ESC concluded that the respondent’s conduct did not
amount to a breach of the code."</p><p class="MsoNormal">After considering the
terms of his referral, the Standards Commission did not consider that it was
necessary or appropriate to direct the ESC to undertake any further
investigation into the matter.<o:p></o:p></p><p class="MsoNormal">Ms Johnston explains that in making a decision about whether to hold a hearing, the
Standards Commission took into account both public interest and proportionality
considerations</p><p class="MsoNormal">In assessing the public interest, the Standards Commission noted that a breach
of the provisions in the code that required councillors to declare certain
interests and to refrain from accepting certain gifts and hospitality could
bring the role of a councillor and the council itself into disrepute. </p><p class="MsoNormal">"In this
case, however, the Standards Commission was of the view that, on the face of
it, there was no evidence of any such breach of the code. The Standards Commission
noted that holding a hearing (with the associated publicity) could promote the
provisions of the code and, therefore, there could be some limited public
interest in holding a hearing." </p><p class="MsoNormal">The Commission noted, however, that
the option to take no action had been included in legislation to ensure that
neither the ethical standards framework, nor the Standards Commission, was
brought into disrepute by spending public funds on administrative or legal
processes in cases that did not, on balance, warrant such action. </p><p class="MsoNormal">"In
considering proportionality, the Standards Commission noted that the ESC, in
his referral, had reached the conclusion that the respondent’s conduct did not
amount, on the face of it, to a breach of the code. Having reviewed the evidence
before it, the Standards Commission found no reason to depart from that
conclusion. </p><p class="MsoNormal">"Having taken into account the above factors, and in particular the
fact that it is not satisfied, on the face of it, that the conduct as
established could amount to a breach of the code, the Standards Commission
concluded that it was neither proportionate, nor in the public interest, for it
to hold a hearing."<o:p></o:p></p>
<p class="MsoNormal"><o:p> </o:p></p><br /></div>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-53154384560582764632024-03-02T02:01:00.000-08:002024-03-02T02:01:45.278-08:00Frost the serial litigant handed two court orders<p>by <b><u>OUR CRIME REPORTER</u></b></p><p>He has threatened legal action against business 'enemies', lawyers, ex-employees, and even senior law enforcement officers on countless occasions following the spectacular financial collapse of a string of companies he once controlled.</p><p>But now, bankrupt vexatious litigant Martin Frost, who has also warned he would sue the proprietor of this blogging site during our coverage of his activities over the past five years, has himself felt the full weight of the law after a Scottish sheriff found him guilty of stalking two women and causing them fear and alarm.</p><p>In a case which has its origins as far back as 2018, Frost - once head of the Avocet 'air-or-dung-to-fuel' empire - was the subject of a five-day trial which ended in Jedburgh Sheriff Court on Thursday with him being fined a total of £2,000, and served with two non-harassment orders. There was also a conviction for threatening behaviour aimed at a male Frost had targeted.</p><p>Attempts by court staff to bring the case to trial were repeatedly frustrated when Frost, who lives in Scarborough, failed to turn up for hearings before the sheriff, citing ill health and rare medical conditions. In December of last year he was warned that any further delaying tactics would result in his arrest.</p><p>As regular readers of these columns will know, Frost repeatedly used letters and statements sent to Avocet's 650 shareholders to attack his two female victims. He alleged they had stolen millions of pounds from various businesses which are now either being liquidated or are in administration.</p><p><i>Not Just Sheep & Rugby</i> contacted both women to ask how they felt now that their lengthy ordeal at the hands of Frost had ended. We have decided not to name them to spare them further anxiety and hurt.</p><p class="MsoNormal">The first victim - a Scottish Borders resident - told us: "Its been a long time coming after a really tough time for us. There is some relief it's all
over so far as this case is done, though it was really unpleasant because the two of us took the decision to forgo the right to use video link and endure Frost
cross examining us. <o:p></o:p></p><p class="MsoNormal"><o:p> "</o:p>He
is such an unpleasant character, a real Jekyll and Hyde. A family member was in court: she was just astonished at his lies. He did lie all the way
through the trial."</p><p class="MsoNormal"><o:p></o:p></p><p class="MsoNormal">And she added "However,
this doesn’t make me feel much safer, because he is obviously so obsessed with
us which is the real problem. The non-harassment orders are really welcome, it will give us some comfort, but he won’t be able to maintain the silence
for long.</p><p class="MsoNormal"><o:p></o:p></p><p class="MsoNormal"><o:p> "</o:p>It's
time now not to reflect but to move on. I
think we had a measured procurator fiscal who kept us informed, and a judge who gave Frost 'enough rope to hang himself'.</p><p class="MsoNormal"><o:p></o:p></p>Frost's second victim, who left the Borders as a direct result of her experiences commented: "The last few weeks have brought back some awful memories from a period in my life which I hoped would, in all honesty, disappear.<br /><br />"Being cross examined directly by the accused was sickening. However, the outcome was what we had hoped for and justice prevailed. <br /><br /><div>"Although what happened will never go away from my memory, I hope that both of us can draw the proverbial line in the sand, and move forward with our lives."</div><div><br /></div><div>All of Frost's public threats to take hordes of individuals to court both here and in Delaware, USA, have proven to be nothing more than bluster. And as a vexatious litigant he cannot raise actions in the Scottish courts without the approval of a senior judge.</div><div><br /></div><div>This example from June 2020 is typical of the forthcoming (but non-existent) criminal and civil litigation Frost was peddling.</div><div><br /></div><div>He told Avocet's long-suffering investors who seem likely to have lost all of their money in worthless shares: "On Thursday, 18th June 2020, Police Scotland advised me that their report to the Procurator Fiscal was pending and it was now OK for Avocet to proceed with further criminal complaints (involving some £1.5 million of theft & fraud against Avocet) and bring civil actions (amounting to over £5 million in loss and damages).<br /><br />"Most regrettably such actions will again fall upon my wife’s family and some other Avocet shareholders. A resume of these complaints including the current conspiracy and badmouthing charges against their acolytes and publicists will be forwarded to you, Avocet’s owners, for this Monday 22nd June 2020.<br /><div class="MsoNormal"><o:p></o:p></div><div class="MsoNormal"><br /></div><div class="MsoNormal">"For the avoidance of doubt: on Monday 22nd June, 2020, prior to service of further criminal complaints and civil actions, Avocet owners shall be advised against whom and for what such actions shall be taken – regrettably the naming of names does include some Avocet shareholders who have sought to rob and defraud their fellow shareholders along with publicists".</div><div class="MsoNormal"><br /></div><div class="MsoNormal">October 2020 saw the first threat by Frost to raise court action in the US state of Delaware against individuals who had been forwarding his shareholders' letters to non-investors including this blogging website.</div><p class="MsoNormal">Then, in May 2021, the ex-Avocet chairman announced a £5 million 'war chest' to fund at least nine separate law suits, including one aimed at Scotland's Crown Office and another at Police Scotland. The money was to come from the sale of intellectual property to mystery buyers.</p><p class="MsoNormal">There is no evidence that any of these threatened lawsuits were ever filed in court or that 'valuable' Avocet patents were sold.</p><br /><br /><p>
</p><p class="MsoNormal"><br /></p></div>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-53854863592824713632024-02-29T13:44:00.000-08:002024-02-29T13:44:09.853-08:00The Almighty Dollar!<p><b><u>A TALE OF THE UNEXPECTED</u></b></p><p>When <i>Not Just Sheep & Rugby </i>was forced to down tools five months ago, it's a fair bet few tears were shed. Apparently, we've been a thorn in the side of some, and a waste of space in the view of many.</p><p>An unpaid staff member who had been churning out hundreds of articles for our blog over the course of a decade was suddenly struck down by a crippling but mysterious illness which left the individual concerned wondering if they would survive.</p><p>A stay in hospital coupled with virtually every test available to the medical profession failed to come up with a diagnosis. Meanwhile, rapid weight loss, consistent lack of energy, and a sense of frustration meant our scribe was unable to write a shopping list, let alone the purple prose our readership had grown accustomed to. </p><p>Our aged newshound lost touch with the outside world, and firmly believed a long, undistinguished career at the ink face had come to a shuddering halt. It was going to take something special to turn around months of suffering and misfortune.</p><p>Just as well our once intrepid reporter believes in unconventional miracles. For a gradual recovery since the turn of the year is attributed to.....a long lost silver Canadian dollar bearing an image of a totem pole.</p><p>It seems that back in the 1950s a close relative of our colleague went to work as a nanny for a wealthy family in Vancouver, British Columbia.</p><p>During her stay the Canadian province celebrated its centenary (1858-1958). A centennial $1 coin was struck to mark the event.</p><p>According to the coins unlimited website: "To commemorate the gold rush centenary and the establishment of British Columbia as an English Crown colony, a special reverse coin design was employed. British Columbia is the only area in Canada where the Indians constructed totem poles, so the design is very appropriate. It was rumoured that this issue was unpopular with the coastal Indians because it contained an element which to them signified death."</p><p>The children's nurse acquired several of the coins and gifted one of them to the school pupil who would later strive unsuccessfully to hit the heights of journalistic stardom. </p><p>According to the recipient, who kept the shiny dollar [80% silver] on their person for several years, the coin immediately brought good luck. Acceptable grades were achieved in school exams despite low expectations: runs flowed from the bat at cricket: and there were successes at job interviews with the Canadian currency present on each occasion.</p><p>We are told there was considerable consternation when the nanny's gift was misplaced during a move from a rural idyll to a bustling city sometime in the late 1960s.</p><p>The much-treasured dollar was never seen again. Or at least not until a few weeks ago when fingers searching the back of a very deep drawer for a packet of Kleenex made contact with its milled edge. Its recovery from the darkness was accompanied by an excited yelp.</p><p>And almost from that moment the health of our hero was on an upward spiral. Other significant bits of good fortune have followed although there's still no sign of that elusive lottery jackpot!</p><p>So, does a 1958 British Columbia centennial dollar complete with totem pole motif hold mystical powers? Who knows.</p><p>At least it has allowed <i>Not Just Sheep & Rugby</i> to make a comeback of sorts. Whether our return is temporary or permanent remains to be seen.</p><p><br /></p><p> </p><p><br /></p><p><br /></p><p><br /></p><p> passed</p>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-30019965896014003512023-09-25T03:12:00.000-07:002023-09-25T03:12:19.574-07:00Council's 'overdue' accounts published<p>by <b><u>OUR LOCAL GOVERNMENT EDITOR</u></b></p><p>The first annual accounts for a 'non-commercial' company set up by Scottish Borders Council show the fledgling SB Inspires LLP made a profit by providing professional educational development services to Glasgow's local authority.</p><p>SB Inspires failed to lodge accounts by the due date of August 3rd, 2023, according to Companies House which continues to maintain the necessary accounting paperwork is overdue. But in response to an inquiry by <i>Not Just Sheep & Rugby</i> last week, SBC claimed its officers had proof of postage to back its assertion the data had been sent to the Registrar of Companies before the deadline.</p><p>Now, the accounts document has emerged with a collection of reports to be considered by the council's elected members at a meeting later this week. It shows the accounts were signed off by Suzanne Douglas, SBC's Director of Finance and Procurement on June 29th.</p><p>When a partial change of use application was made in February 2022 for the premises now occupied by SB Inspires at Tweedbank, the initial design statement made it clear the Limited Liability Partnership would trade with the intention of being profitable.</p><p>However, after we reported on the planned council venture that statement was hastily withdrawn. The council stated at the time [March 2022] the original document had been substituted as it was 'factually inaccurate'. We were told: "The Business Inspire Learning is an SBC Education
programme and, as such is non-commercial.”</p><p class="MsoNormal">The newly published accounts give the first indication of the purpose of and activities being carried out by the LLP.</p><p class="MsoNormal">Councillors are told: "The principal activity of SB Inspires during the period was
delivering professional development training and digital education consultancy
to educators in Scotland as an accredited Apple Professional Learning Provider
(APLP). <o:p></o:p></p><p class="MsoNormal">The business review includes the following statement: "Scottish Borders Council have established the Inspire Learning programme, an education led
digital programme to transform teaching and learning across the Borders for the
benefit of all teachers, children and young people where Apple devices are
given to all P4-S6 pupils and shared class sets of iPads for ELC to P3
children."</p><p class="MsoNormal"><o:p></o:p></p><p class="MsoNormal">It goes on to explain that a gap in the provision of education focused digital skills
nationally was identified. As a result of this, in order to mitigate any risk
to the Council, SB Inspires was legally established in 2021/22 as a Limited
Liability Partnership with the ambition of providing support and professional
development opportunities to education technology projects and local
authorities across the country and the rest of the world as an Apple contracted
APLP. </p><p class="MsoNormal">"The Inspire team achieved APLP status in March 2022, allowing the company
to enter into contracts with Apple to deliver Apple Learning Coach courses and
award candidate accreditation. Initially, the target market is educators in
other Local Authorities and Multi Academy Trusts. SB Inspires LLP is 99.999%
owned by the Council and is financed under a Facility Agreement with the
Council. </p><p class="MsoNormal">"A Project Board, supported through the Council, has been
established and meets regularly to oversee the development and delivery of the
initiative. A Project Team, consisting of officers from the Council, has also
been established to set up the required systems and deliver the project."</p><p class="MsoNormal"><o:p></o:p></p><p class="MsoNormal">A so-called Activity Summary within the accounts report notes: "Professional development in the form of
the Apple Learning Coach qualification has been delivered to educators in
Glasgow City Council during 2022/23, the final part of the qualification will
be delivered in April 2023. Workshops on behalf of Apple showcasing Inspire Learning’s
capabilities were designed and then delivered at the School Leaders Scotland
conference in November 2022. </p><p class="MsoNormal">"Discussions have been held with other local
authorities in the UK to explore their visions for Apple Learning Coach and to
outline how SB Inspires could support them in their objectives. A small team
attended the British Educational Training and Technology conference in March
2023 where they had a stand and attended networking events at to promote the
‘Inspire Academy’ brand."</p><p class="MsoNormal">The accounts - covering the period November 2021 to March 2023 - show the LLP's turnover from providing training/workshops was £55,766 resulting in a gross profit of £15,132 after deducting the cost of sales.</p><p class="MsoNormal"><o:p></o:p></p><p class="MsoNormal"><o:p></o:p></p>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-12489016113404633392023-09-22T08:09:00.000-07:002023-09-22T08:09:24.233-07:00Yet another tribunal 'defeat' for Avocet<p><b><u>EXCLUSIVE</u></b> by <b><u>BUSINESS STAFF</u></b></p><p>Unscrupulous ex-bosses of the insolvent Avocet Group of companies, already the recipients of a string of Employment Tribunal judgments for a range of misdemeanours, have now been served with a further demand - a £22,000 compensation award for unfair dismissal.</p><p>The latest ruling by ET judge Lesley Murphy brings to an end a remarkable campaign for justice by Tristan Jeffrey, from Wooler, Northumberland, who looked after livestock for Avocet's agricultural 'enterprise' on Harcarse Hill farm in Berwickshire. He was dismissed from the company's service in April 2020.</p><p>However, Mr Jeffrey concedes that neither he nor his colleagues are ever likely to see the tens of thousands of pounds due to them for breaches of employment law. In 2021 he was awarded £10,718 against Avocet Agritech Ltd - the latest in a series of names given to the failing business by its directors - for breach of contract of employment, unauthorised deductions of wages, and failure to pay salary on occasions.</p><p>Shortly after that initial ET judgment Agritech (respondent in the case), with a registered office at 25 Palace Street, Berwick-on-Tweed, was struck off the Register of Companies and dissolved before a so-called remedy hearing to decide on compensation could be held.</p><p>But in a very rare if not unique move, Mr Jeffrey went to court and successfully had Agritech restored to the Register in May of this year. That allowed him to make his case for an additional financial award despite the fact that all of the company's directors had by this time resigned.</p><p>Following the latest hearing at which the respondent was not present or represented, Judge Murphy decided a compensation award of £22,625 against Agritech was appropriate.</p><p>The written judgment sent to claimant and respondent, says Mr Jeffrey lodged a file of productions running to 347 pages.</p><p>The document adds: "He was greatly affected by stress arising from his relationship with the respondent and its termination. He attributes the stress to the conduct of the respondent and its officers/former officers".</p><p>According to company records, the directors of the business were Martin Frost, who also chaired the Avocet Group, and his wife Janet. Secretarial services were supplied by Eirlys Lloyd Company Services Ltd. All of the office bearers resigned in October 2021 although Companies House was not informed of the resignations until June 2023, a few days after the company was back on the register.</p><p>Judge Murphy writes: "I found the claimant attempted to give his evidence in an honest and straightforward fashion in order to assist the tribunal".</p><p>Mr Jeffrey had advised the hearing that he continued to be in 'difficult correspondence' with former directors of the respondent to this day.</p><p>The judge adds: "I accepted that although he received no medical treatment or formal diagnosis, he (Mr Jeffrey) was greatly affected by stress in the aftermath of the termination of his employment, arising from the dismissal and from matters related to employment".</p><p>The combined total of ET awards for Mr Jeffrey against Avocet now stands at £33,343 with a stipulated interest rate of 8% per annum.</p><p class="MsoNormal">Mr Jeffrey told <i>Not Just Sheep & Rugby</i>: "I
know I will likely never receive the award; for me this draws a line under my employment fiasco that was Avocet." <o:p></o:p></p><p class="MsoNormal">He said he would continue to "push for justice for shareholders, supporting various requests for information, in the hope the directors are made accountable for their actions".</p><p class="MsoNormal">A number of Avocet businesses are either in receivership or administration with long lists of creditors while the Frosts were declared bankrupt in October 2021.</p>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-44500697597340874592023-09-16T13:17:00.000-07:002023-09-16T13:17:14.674-07:00Were council's accounts lost in the post?<p>by <b><u>LESTER CROSS</u></b></p><p>Officers at Scottish Borders Council are disputing and challenging 'incorrect' information posted on the Companies House website which shows the local authority has failed to file annual accounts for a private company it controls.</p><p>But despite SBC's protests that its staff complied with a requirement to lodge accounts for its limited liability partnership called SB Inspires LLP with the Registrar of Companies by August 3rd this year, the Companies House website continues to display a notice indicating the paperwork is now overdue by more than six weeks.</p><p><i>Not Just Sheep & Rugby</i> reported on the apparent breach of business regulations by the council earlier this month. Under the rules governing private businesses and LLPs, the Borders authority, if 'guilty', would be liable for a £375 fine - the penalty for filing accounts more than a month late.</p><p>However, following publication of our article, SBC eventually responded to our request for comment or a statement outlining their position.</p><p>They have now told us: "Unfortunately, the information online is incorrect, LLP
accounts were filed on time. Accounts must be posted physically, which
they were, SBC officers have proof of posting."</p><p>Furthermore, we were told: "The council has contacted Companies House with an ask that they update their records
and the corresponding information online is corrected; that they cancel the
fine, and consider making electronic filing of LLP accounts a possibility."</p><p>In light of this 'new' information, Companies House was contacted for a reaction.</p><p>But their spokesman simply stated: "We don't comment on individual companies".</p><p>By way of background information, we were told: "It is possible that a change a company has told you about does not yet show on our register. The register of UK companies is not updated in real-time. For instance, when a company appoints a new director, it has 14 days to notify Companies House.</p>"Paper documents will take around a week to process (sometimes longer at peak times) and online documents are usually processed within 24 hours."<div><br /></div><div>SBC was also asked to outline the nature of business being conducted by SB Inspires LLP since its formation in November 2021, and to list the reasons for its incorporation. These points were not touched upon in the council's response.<br /><p class="MsoNormal"><o:p> </o:p></p></div>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-31957806232083902322023-09-11T06:16:00.001-07:002023-09-11T06:16:29.954-07:00£108m Tweedbank project's special wildlife measures<p><b><u>EXCLUSIVE</u></b> by <b><u>DOUG COLLIE</u></b></p><p>Workmen installing essential infrastructure for the multi-million pound extension to Tweedbank village in the Central Borders have been advised to 'down tools' if badgers or great crested newts are spotted on site.</p><p>The advice and guidance forms part of a so-called Construction Environmental Management Plan [CEMP] produced by specialist firm Tweed Ecology for Scottish Borders Council. The local authority's in-house SB Contracts team has the contract for the first round of construction activities which include earthworks, drainage and access roads plus a mammal underpass.</p><p>In his 21-page document, Tweed Ecology's Reuben Singleton explains that a badger's breeding sett has been identified "under footprint of the route" on Lowood Estate, which was purchased by SBC to accommodate the flagship project.</p><p>And Mr Singleton also points out there are potentially protected species using the site, including nesting birds and bats as well as badgers and newts.</p><p>Two badger setts will be affected by the works, one requiring to be closed under a NatureScot licence, the other likely to be subject to disturbance with a licence also required by the developers.</p><p>Recommendations in a Species Protection Plan (SPP), drawn up by separate consultants, include the following instructions: "If a badger is seen during operations, all work must cease until the animal has moved safely away from the construction area. <br /><br />"The construction area will not be lit overnight. Any amphibians or reptiles encountered during works should be collected and transferred to a bucket, or other suitable container, before release to the east of the footbridge. There is a small possibility that great crested newt are encountered during the site works; if any newt over 100 mm (10 cm) in length is encountered during works, works should stop immediately and further advice sought."</p>The site was to be surveyed prior to construction commencing to ensure no new badger setts have been dug in the site and to 30 metres - the distance that would precipitate the requirement for a licence to cover working near a badger sett. Contractors were to receive a talk to explain the precautionary measures.<div><br /></div>According to the document: "Any large burrows that are observed within 30m of the works area must be reported to the site foreman and Ecological Clerk of Works (or ECoW) immediately. No works shall proceed within 30m of any suspected setts until the burrows are checked by an ecologist and a licence is obtained if required."<br /><br />There are a number of other measures aimed at safeguarding the welfare of the local wildlife.<div><br /></div><div>"No open pipes will be left overnight. Pipes will be blocked with sheets of plywood and sandbags to prevent animals entering. This applies to pipework which is being installed and stored lengths of pipe. <br /><br />"No open trenches will be left overnight. Trenches will be covered or a means of escape provided for badgers and other mammals. The best method is to use a broad (minimum of 30cm) plank of wood to make a ramp from the trench bottom to the normal surface level. If trenches are to be left undisturbed for a period, then it is recommended that they are properly covered with sheets of plywood or similar which are weighted down to avoid badgers from digging setts in the trenches."<br /><br />The CEMP says environmental objectives for the construction phase should refer to legal compliance and environmental good practice, these may include: Zero pollution incidents; Minimise waste sent to landfill; Minimise disruption to residents (and therefore complaints); Protect and where possible enhance biodiversity.<br /></div><div><br /></div><div>A report to SBC's elected members earlier this year revealed that the most recent estimates for the delivery of the Tweedbank expansion project, including housing, care and community facilities and infrastructure indicated full costs of £108 million.</div>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-43510926409857370432023-09-09T06:05:00.000-07:002023-09-09T06:05:14.547-07:00Council fails to lodge accounts for arms length "business"<p><b><u>EXCLUSIVE</u></b> by <b><u>OUR LOCAL GOVERNMENT STAFF</u></b></p><p>A Limited Liability Partnership [LLP] which may or may not have been founded by Scottish Borders Council to run commercial activities at the local authority's Inspire Academy, is breaking business rules by failing to file accounts at Companies House.</p><p>The first set of annual accounts for SB Inspires LLP, established by the local authority in November 2021, should have been submitted to the Registrar of Companies by August 3rd this year. But the Companies House internet web page for the Partnership now carries an accounts overdue 'label'.</p><p class="MsoNormal">The absence of the LLP's financial records means its bosses are already liable for a £375 fine (more than one month
but less than three months late) with the penalty due to double to £750 after
three months.<u5:p></u5:p><o:p></o:p></p><p class="MsoNormal"><u5:p> </u5:p>According to the UK Government website: "Consequences of not filing: Not filing your confirmation statements, annual returns
or accounts is a criminal offence - and directors or LLP designated members
could be personally fined in the criminal courts. Failing to pay your late filing penalty can result in
enforcement proceedings." </p><p class="MsoNormal">The LLP's designated members are named in Companies House filings as Scottish Borders Council and another council-run company called SBC Nominees Ltd., a non-trading business.</p><p class="MsoNormal"><o:p></o:p></p><p>Several Scottish Borders Council elected members told us last year that they knew nothing about the decision to set up the arms length organisation.</p><p>One councillor remarked at the time: "SBC is currently setting up an educational facility to be based in an office at Tweedbank which will be known as Inspire Academy. The LLP may be needed to conduct the commercial side of the operation".</p><p>That certainly seemed to be a possibility in February 2022 when council architects submitted a design statement linked to a planning application for the academy.</p><p></p><p class="MsoNormal">According to that statement: "The business is an LLP and is a partnering project
between Scottish Borders Council and Inspire. The purpose of the business is to
equip their clients with digital skills to enable them to fortify their digital
business abilities, personal software skills and teach others how to use this
technology. Their demographic includes: local businesses, teachers and people
who wish to expand on their personal abilities to use digital solutions for
everyday activities.</p><p class="MsoNormal"><o:p></o:p></p>
<p class="MsoNormal">"It is proposed that clients may access the space with
pre-agreed booking. The business will be set up to enable research by the
clients into new products and provide them with instruction in a workshop type
environment. The proposed layout of the space will include a workshop area, a
meeting room, focus area and exhibition space."<o:p></o:p></p>
<p class="MsoNormal">The design statement made it clear the business would be of a
commercial nature, and would also be "profit making". <o:p></o:p></p>
<p class="MsoNormal">This document added: "There are several elements which make up the business
including: research, workshops and teaching. The sole purpose of space is not
for Academia or Educational purposes, it is to provide a service which supports
a broad demographic. Parts of this commercial enterprise is similar to IT
providers, website designers and technology suppliers. It is anticipated the
maximum number of occupants within the area will not exceed 80 and would
typically be around 45 (including 15 staff members)."<o:p></o:p></p><p class="MsoNormal">After <i>Not Just Sheep & Rugby’s</i> coverage of the design statement and the Inspire
project, we carried a follow-up article on March 2<sup>nd</sup>, 2022 which revealed the original design statement produced by SBC staff for the flagship Inspire Academy project had been 'factually inaccurate' and had been withdrawn, meaning the 'private commercial enterprise' had become a
'non-commercial education programme' within the space of two weeks. <o:p></o:p></p><p></p><p class="MsoNormal">
</p><p class="MsoNormal">A revised Design Statement declared: "The proposal for this building is to occupy
one area of the ground floor as a base for the award-winning Inspire Learning
Programme. The pioneering programme seeks to transform learning in Scottish
Borders and the building will provide a physical base for the Inspire Learning
team to allow the programme to grow and expand its horizon.</p><p class="MsoNormal"></p><p class="MsoNormal">"The space will enable Inspire Learning, and SBC, to
keep it’s place at the forefront of education. transformation at a time where
it forms an important part of the national conversation around education. It
will also provide the potential for developing relations with other local
authorities and education projects The proposed layout of the space will
include a workshop area, a meeting room, focus area and exhibition space. <o:p></o:p></p>
<p class="MsoNormal">"The Business Inspire Learning is an SBC
Education programme and, as such is non-commercial.”<b style="text-decoration-line: underline;"><o:p></o:p></b></p><p></p><p class="MsoNormal">We asked the council to explain why there had been a
complete U-turn from 'commercial' to 'non-commercial' in less than a fortnight.
And we also asked: "It is now apparent that SBC will be funding the
venture. We did ask previously for costs associated with the project, but none
were provided. So can we again request details of the cost of the project and
how it will be paid for?"<o:p></o:p></p>There was still no detail concerning the level of expenditure required to set up the academy. But according to a spokesperson at SBC: “The initial design statement was submitted in error and was removed due to its factual inaccuracy. This has now been replaced with an updated brief which more accurately reflects the nature of the proposal."<div><br /></div><div>Scottish Borders Council has been asked for comment.</div>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-61089409203894829622023-08-30T03:54:00.000-07:002023-08-30T03:54:32.171-07:00Homelessness cases in Borders continue to rise<p>by <b><u>EWAN LAMB</u></b></p><p>The number of Scottish Borders residents presenting with issues linked to homelessness has increased by more than 20 per cent in the space of a year while there was a 35 per cent rise in cases of children affected, according to figures published by the SNP Government.</p><p>Homelessness and threatened homelessness across the Borders region has reached their highest levels since well before the Covid pandemic, including the numbers in temporary accommodation.</p><p>A recently published Scottish Borders Council draft local housing strategy [LHS] declares at its strategic outcome five: "Homelessness is prevented wherever possible and a range of
housing options are provided so people can secure a suitable and sustainable
housing outcome as quickly as possible".</p><p>The LHS says everyone should be able to have their
right to an adequate home realised. This includes everyone having access to a
settled home that meets their needs and homelessness is prevented.</p><p>The document adds: "Key Actions
for Delivery <span style="font-family: Symbol;">·</span> Continue to Implement
Rapid Rehousing <span style="font-family: Symbol;">·</span> Improve access to
housing for homeless or potentially homeless households across all tenures <span style="font-family: Symbol;">·</span> People who experience homelessness reach a
settled housing outcome as quickly as possible <span style="font-family: Symbol;">·</span>
Ensure homeless households can access the right support at the right time <span style="font-family: Symbol;">·</span> All partners actively contribute to
preventing homelessness."</p><p>However, the brand new statistics covering 2022/23 appear to show that current local policies are failing to reverse the upward trend.</p><p>These are the figures for people associated with applications to Borders agencies which were assessed as homeless or threatened with homelessness: 2019 - 1,170; 2020 - 1,139; 2021 - 979; 2022 - 1,071; 2023 1,310. The 22 per cent increase between the 2022 and 2023 totals compares to a Scotland-wide rise of 11 per cent.</p><p>The corresponding data for Borders children impacted by homelessness or potential homelessness is: 2019 - 407; 2020 - 384; 2021 - 325; 2022 - 361; 2023 - 486. The 35 per cent hike in the figure from 2022 to 2023 is considerably above the Scottish average of 10 per cent.</p><p>There were 117 Borders households in temporary accommodation in 2023, nine more than in the previous year, and considerably above the figure of 81 in both 2019 and 2020. The total of 60 children in temporary accommodation represents a 20 per cent increase on 2022.</p><p class="MsoNormal"><o:p></o:p></p>
<p class="MsoNormal"><o:p>Here are the number of so-called homeless applications in Scottish Borders over the last five years: 2019 - 768; 2020 - 770; 2021 - 686; 2022 - 691; 2023 - 772. And the number of 'live' cases recorded were: 2019 - 256; 2020 - 244; 2021 - 277; 2022 - 332; 2023 - 366.</o:p></p><p class="MsoNormal"><o:p>Average number of days spent in temporary accommodation for cases that closed: 2019 - 152; 2020 - 135; 2021 - 136; 2022 - 163; 2023 - 175.</o:p></p><p class="MsoNormal"><o:p>The draft LHS lists key issues and challenges facing those tasked with tackling Borders homelessness.</o:p></p><p class="MsoNormal"><o:p></o:p></p><p class="MsoNormal">It states: "Supply and demand for a range of properties including one
beds and housing for larger families – high demand in Eildon and low supply in
Tweeddale.</p><p class="MsoNormal">"There was an increasing reliance on temporary accommodation
throughout the pandemic which has continued beyond. Implementing Prevention
Duties – public bodies will have a legal duty to identify anyone at risk of
homelessness and take action or refer for help.</p><p class="MsoNormal">"Local connect suspension –
potential for unintended negative impacts on risk management, multi-agency
public protection arrangements, complexity of case management continuity of
support etc. The complex support needs, beyond housing support, of the homeless
population and difficulties in accessing support. Demand on services due to
support for Ukrainian Crisis and the Resettlement Programme. Impact of Covid and
the lasting implications which includes implementing the RRTP [Rapid Rehousing Transition Programme]. Accessibility and
affordability of the private rented sector particularly for single people
and/or people on low incomes."<o:p></o:p></p><br /><p></p>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-56051030040113521232023-08-28T04:21:00.002-07:002023-08-28T04:21:40.581-07:00Not so NEAT plant to be bulldozed<p>by <b><u>DOUGLAS SHEPHERD</u></b></p><p>The research centre where a 'ground-breaking' gasification technology was being developed for use in the treatment of Scottish Borders domestic refuse is set to be demolished after the company promoting the process was dissolved with reported liabilities of £3.5 million.</p><p>Borders councillors and senior officers heralded their multi-million pounds deal with New Earth Solutions Group as a partnership which would revolutionise waste disposal in Scotland using so-called New Earth Advanced Thermal technology or (NEAT) to turn garbage into electricity.</p><p>The flagship scheme was to involve construction of a £23 million treatment facility at Easter Langlee, on the outskirts of Galashiels capable of dealing with 40,000 tonnes of rubbish from Borders households, thereby removing the need for landfill.</p><p>But although those involved at the local authority repeatedly claimed they had undertaken 'due diligence' before and during their dealings with New Earth, as our regular readers will know the venture proved disastrous when the NEAT system would not function properly, and money to pay for the Galashiels plant could not be sourced. </p><p>Elected members pulled the plug in 2015 after being told development of the NEAT system being worked on at Canford, Dorset, faced further delays of "up to two years". By this time the high-risk alliance with New Earth had cost Borders taxpayers at least £2.4 million.</p><p>Local councillors had also been impressed after a site visit to another New Earth plant at Avonmouth, near Bristol in 2014 to see their contractor's machinery in action.</p><p>However, a review of Advanced Gasification Technologies commissioned by the UK Government which was published last year had harsh words for the Avonmouth centre.</p><p>According to the study: "NEAT had a single operational plant at Avonmouth which was closed in 2016. CONCLUSION: New Earth became insolvent in 2016 and the NEAT gasifier was discontinued. The NEAT process has not been proven and will not be considered in any further detail in this study".</p><p>SBC's deal with New Earth, amended in 2012, meant that in effect SBC had signed up to the NEAT technology even before it had been trialled at Canford.</p><p class="MsoNormal">A confidential report to SBC by consultants - later made public on the orders of the Scottish Information Commissioner - explained that a revised programme meant the detailed design of the Canford project would be completed by April 2014,
and construction of the Canford demonstration facility would commence in July 2014.<o:p></o:p></p><p class="MsoNormal"><o:p> </o:p>"The facility itself will, on this programme, only
become operational in July 2015, and revised schedule for the Easter Langlee
facility – i.e. start on site in June 2016 – implicitly assumes that there will
be no significant problems at Canford. If there are, then one could anticipate
further delays, or even cancellation, of the Easter Langlee ATT facility.</p><p class="MsoNormal"><o:p></o:p></p><p class="MsoNormal"><o:p> </o:p>"This could leave us hanging on the outcome of the
Canford trials, over which we have no control, and if those were to fail or
(more likely) take longer than anticipated to succeed, then we would still
potentially be exposed to the risk of having no treatment solution in place for
the Council’s residual waste."</p><p class="MsoNormal"><o:p></o:p></p><p class="MsoNormal"><o:p>Following the Borders debacle, New Earth Advanced Thermal Technologies Ltd. became Syngas Products Ltd., and work continued at their Canford base. But according to the last published accounts, covering 2020, the business had outstanding liabilities totalling £3.5 million. Syngas Products Ltd. was finally dissolved in January of this year. </o:p></p><p class="MsoNormal"><o:p>The proposed demolition of the Canford "research" centre is a key element in a planning application recently submitted to the local council in Poole which seeks permission to construct a different form of incinerator on site.</o:p></p>German-based MVV Environment Limited (the applicant) has submitted a full planning application for a Carbon Capture Retrofit Ready (CCRR) Energy from Waste Combined Heat and Power (EfW CHP) Facility.<div><br /></div>The primary purpose of the plant will be to treat council collected household residual waste and commercial and industrial waste from Bournemouth, Christchurch, Poole and surrounding areas, that cannot be recycled, reused or composted and that would otherwise be landfilled or exported to alternative energy from waste [EfW] facilities further afield, either in the UK or Europe. <div><br /></div><div>According to the applicants: "The proposed development would recover useful energy in the form of electricity and hot water from up to 260,000 tonnes of non-recyclable (residual), non-hazardous municipal, commercial and industrial waste each year." It would represent an investment of £290 million.<br /></div><div><br /></div><div>The planning papers in support of the scheme which is already attracting local opposition state: "A partially constructed and commissioned but no longer
operational low carbon gasification and pyrolysis energy from waste facility
occupies much of the site. This will be removed as part of the proposed development. It comprises a building, external plant and 35m high
chimney."</div><div><br /></div><div><br /></div><p class="MsoNormal"><o:p></o:p></p>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-4478579400877538872023-08-24T06:07:00.000-07:002023-08-24T06:07:57.510-07:00How planners rode to Scottish Borders' rescue<p>by <b>OUR LOCAL GOVERNMENT EDITOR</b></p><p>If it is possible to have a glittering career in town and country planning, then Dr Douglas Hope would certainly fit into that category, much of his life spent either tackling the persistent issues which were stifling the Scottish Borders economy or settling often controversial disputes in his role as a Scottish Government reporter.</p><p>While many of the nation's planning officers may have tended to operate within their own professional 'bubble', Douglas Hope was adept at 'selling' the product to the rest of society, including journalists he encountered and helped during countless launches of new policies, or bringing his measured views when strong feelings emerged over contentious developments.</p><p>Now, after years of research, he has used his 50 years of experience at the planning coalface to produce a fascinating history of the evolution of his trade in the four Borders counties between 1946 and 1996.</p><p>Dr Hope's work, entitled <b><i>Scottish Borders: from Planning Backwater to Centre of the Maelstrom</i></b>, shows how town and country planning in the counties of Peeblesshire, Selkirkshire, Roxburghshire and Berwickshire was transformed in the post-war decades to become "a beacon for rural regeneration and development policy."</p><p class="MsoNormal">Publishers Edinburgh University Press explain in their media release to mark the launch: "The book compares and contrasts the different ways in which
the four counties attempted to deal with the decline in the regions traditional industries, woven
textiles and agriculture, and the loss of population since 1891. </p><p class="MsoNormal">"It explores
the origins of the Tweedbank development, the plan for a controversial new
settlement at Newtown St. Boswells and the closure of the Waverley line. It
explains how planning and economic development became inexorably linked in an
effort to stem depopulation."<o:p></o:p></p><p>
</p><p class="MsoNormal">Dr Hope describes how, in partnership with a range of
organisations, the Borders Regional Council, established in 1975, met the
challenges of the 1980s and 1990s and secured investment and implemented
proposals across the whole spectrum of development planning. </p><p class="MsoNormal">"The book details
how environmental issues came to the fore and, with the reorganisation of local
government in 1996 and the establishment of the Scottish Parliament in 1999
looming, examines the role of the Planning and Development Department in
preparing for the challenges of the twenty-first century."<o:p></o:p></p><p class="MsoNormal">It was all so different in the early decades after World War Two. Most local authorities did not have qualified planners on their payrolls let alone strategies for dealing with the problems blighting their communities.</p><p class="MsoNormal">The Borders was fortunate in the 1960s and 1970s to have individuals like Basil Knowles, Frank Constable and David Douglas who all played their part in promoting the role of planning, raising its profile and making sure the public knew what they were trying to achieve.</p><p class="MsoNormal">Douglas Hope became part of that process and carried it on right up to 1996 when Borders Regional Council was abolished to make way for the one-stop-shop local authority Scottish Borders Council.</p><p class="MsoNormal">These days, following a 20-year stint with the Scottish Government as
a Reporter for the Directorate for Planning and Environmental Appeals, Douglas publishes articles on his own website, scottishbordersplanning.co.uk. Here you can read Douglas's own description of his new, major work.</p><p class="MsoNormal">He writes: "The book provides a comprehensive appraisal of the changing
role of planning in the Scottish Borders during this time [1946-1996] and describes how
planning evolved from simply a system of land use control to a dynamic,
pro-active, multi-disciplined collaboration encompassing not only spatial
planning but also economic development and promotion, project design and
implementation, urban conservation, rural heritage and countryside management,
and environmental planning."</p><p class="MsoNormal"><o:p></o:p></p>
<p class="MsoNormal">He points out how the book describes the principal characteristics of the
Scottish Borders in terms of its development prior to the twentieth century. It
traces the origins of town and country planning in Britain and the
establishment of the planning system in the region. </p><p class="MsoNormal">"It compares and contrasts
the different ways in which the four counties implemented the Town and Country
Planning (Scotland) Act 1947 and details the principal policies and proposals
in the first county development plans. It describes how planning in the
Scottish Borders broadened its horizons in the 1960s as “Planning” in its
widest sense took centre stage and more attention was paid by Central
Government to the plight of rural areas such as the Scottish Borders with the
preparation of the Central Borders Study and the Tweedbank initiative. It
details how planning and economic development in the region became inexorably
linked."<o:p></o:p></p><p class="MsoNormal">. </p><p class="MsoNormal" style="margin-bottom: 12.0pt;"><o:p></o:p></p><p class="MsoNormal"> </p><p><br /></p>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-63975984184343274402023-08-20T02:54:00.000-07:002023-08-20T02:54:48.602-07:00"Brains" behind Avocet Group sued for 'significant sum'<p><b><u>EXCLUSIVE</u></b> by <b><u>OUR BUSINESS STAFF</u></b></p><p>The administrator of insolvent Berwickshire-based business Orrdone Farms Ltd. - its bosses once claimed it was set to revolutionise agricultural production - has instructed solicitors to pursue a claim against company director Dr Robert Jennings who is said to be due the firm "a significant sum".</p><p>Confirmation of the legal action comes in a progress report on the insolvency by administrator Emma Porter which is published on the Companies House website today.</p><p>Only a few days ago Martin Frost, the bankrupt former chairman of the Avocet Group of companies, including Orrdone, informed shareholders: "You need to be aware that Bob [Jennings] is being sued upon allegations conceived by Begbies (Begbies Traynor are liquidators of the Avocet parent company), Aver (Ms Porter's employers), and their lawyers that all Avocet and Genfro intellectual property never had any value and was nothing more than a ruse originated by me".</p><p>And he added: "These 'Bad Bugger' allegations are a fabrication which are a deflection in a vain attempt by these people to diminish the colossal damages that US Genfro is seeking..."</p><p>The collapse of Orrdone in 2020 marked the beginning of the end for the Avocet Group. Since then, Ms Porter has been attempting to build up a picture of the company's financial affairs.</p><p>But, as she states in her latest report: "The non-cooperation of all of the directors [they include Mr Frost and Dr Jennings] has continued during the period. The administrator's work has been severely curtailed throughout the administration by the directors' failure to provide any satisfactory explanations as to the state of the company's affairs as at the date of the administration appointment".</p><p>Ms Porter repeats her previous statements that she continues to be made aware of extensive correspondence issued to a wide variety of parties commenting directly on the administration procedure or the administrator personally.</p><p>"The extensive correspondence continues to be at best, often inaccurate and in many instances inappropriate. It remains my view that the primary purpose of these communications is to deflect away from the matters in hand in order to cause unnecessary delay in the administration".</p><p>The sum due to Orrdone's secured lenders, UK Agricultural Lending Ltd., at the outset of the administration was £3.25 million plus interest and charges. The latest statement provided by UKALL shows the sum of £5.438 million remains outstanding. Interest will continue to run on the outstanding debt until it has been settled.</p><p>Ms Porter's report indicates that legal action is being considered in conjunction with claims against Orrdone's directors.</p><p>In a specific reference to Dr Jennings she writes: "The administrator considers a significant sum is due to the company by Dr Jennings. Solicitors have been instructed to pursue this matter. In order to avoid prejudicing any action, further details have not been disclosed within the report".</p><p>Unsecured creditors' claims now total £11.35 million, including a claim for £10.39 million from Omega Infinite, Orrdone's parent. At the time of administration there was just £1,291 in the Orrdone bank account, according to the progress report. Meanwhile, the time costs associated with the administration so far exceed £600,000.</p><p>In his recent correspondence to Avocet investors, Mr Frost included a witness statement he plans to submit in evidence if he is allowed to appeal a court ruling which decided he had used over £400,000 of Omega company cash to purchase two apartments in Scarborough.</p><p>The statement claims: "Bluntly, Janet (his wife) and I, the Jennings family and Omega shareholders generally are being stitched up by professional white collar thieves".</p><p>And in a reference to the Frosts' bankruptcy orders, handed down in October 2021, the witness statement says: "Judge Geddes, a (sic) earnest lady judge, though by common agreement not the brightest tool in the box, bankrupted Janet and I upon the assumption that Janet and I while not being insolvent were likely to become so..."</p><p><br /></p><p><b><u><br /></u></b></p>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-92181669866447633132023-07-30T03:55:00.000-07:002023-07-30T03:55:37.318-07:00Luxury is back! Barrie Knitwear profits up 140%<p>by <b><u>DOUGLAS SHEPHERD</u></b></p><p>Hawick's high end cashmere knitwear business which produces luxurious garments for the Chanel fashion brand, saw its operating profit soar spectacularly in 2022 as the global economy recovered strongly following the damaging Covid-19 pandemic.</p><p>Barrie Knitwear, which employs more than 260 people in the Scottish Borders and Arbroath - the annual wage bill exceeds £6 million - enjoyed a 15% increase in turnover last year, up from £16.29 million to £18.83 million.</p><p>The much improved performance resulted in an operational profit of £1.453 million, 140% better than the respectable £604,000 figure for 2021.</p><p>These results come ten years after the Barrie brand, trade and assets were acquired from the ailing Dawson International Group to become 100% owned by Chanel. There had been a danger in 2012 that the Barrie operation and 170 local jobs could be lost with other Group businesses being liquidated.</p><p>The iconic fashion house saved the day by purchasing Barrie - founded in 1903 - in a £4.8 million deal with the Dawson administrators. </p><p>In the 2022 annual report and accounts, managing director Jan Young explains the 15.6% upsurge in turnover was due to a recovery in the market after the initial impact of Covid-19. The increased operating profit was down to higher sales and improved efficiency.</p><p>According to the report: "The company manages the skills shortage risk by continually seeking to recruit and retain skilled people and by operating its own training school for key skill manufacturing operations. A network of reputable UK and EU sub-contractors is also being developed".</p><p>The majority of Barrie's output (£13.675 million of total turnover) ends up in France while UK sales were worth £1.150 million and in the case of the USA £438,000.</p><p>The report also states: "Following Russia's invasion of Ukraine, management took the decision to pause all operations with Russian customers. Whilst the geopolitical situation remains complex, the company's exposure in the Russian market is minimal".</p><p>Barrie says it is working with a company in Mongolia to establish an improved supply chain for cashmere fibre.</p><p>The Barrie Knitwear range currently includes an embellished sweater retailed by Harrods with a price tag of £1,540 while the Lyst website is advertising a women's green cashmere cardigan jacket for £1,700.67 (reduced from £1,994.78).</p><p>Meanwhile Chanel reported record sales in 2022, "reflecting the strength and uniqueness of the Chanel brand". There was strong growth across the three categories of Fashion, Fragrance & Beauty, and Watches & Fine Jewellery.</p><p>Total revenue of $17.2 billion last year compared to $15.6 billion in 2021. The Group's operating profit rose from $5.461 billion to $5.776 billion while Chanel's global workforce increased from 28,500 to 32,000.</p>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-65482732746470629342023-07-24T08:27:00.000-07:002023-07-24T08:27:01.120-07:00Frosts to appeal 'eviction' as life president Jennings intervenes<p>by <b><u>OUR BUSINESS STAFF</u></b></p><p>A conference call during 2021 in which copious notes were taken by liquidators investigating the financial affairs of the insolvent Avocet parent company Omega Infinite PLC in fact never took place, according to the company's bankrupt chairman Martin Frost and fellow director Dr 'Bob' Jennings.</p><p>The latest development in the 'disruptive technology' Avocet wonder fuel saga will involve an appeal by Mr Frost and his wife Janet against their 'eviction' from their home in Scarborough, shareholders were told in lengthy correspondence circulated by Mr Frost today in his role as joint life president of Genfro Ltd. He shares that post with Dr Jennings.</p><p>Insolvency practitioners Ashleigh Fletcher and Joanne Hammond petitioned the courts in Leeds for the repossession of two upmarket apartments in Scarborough, said to have been paid for by Mr Frost using more than £400,000 of investors' cash. A judgment handed down at the beginning of July will now be challenged at appeal by the Frosts.</p><p>A bundle of court papers supporting the repossession action includes a sworn statement from Ms Hammond and a file note of the conference call which was held on January 18th 2021.</p><p>Ms Hammond's evidence is: "In a conference call with Mr Frost, my joint liquidator Mr
Fletcher, Oliver Adams of my office and Bob Jennings (another director of the Company) on
18/01/2021, Mr Frost was asked to explain the payments (referenced). At first he said they
were book entries and then when he was told they were not and that they were cash payments,
he said they were for book stock which was then sold back to Loch Lomond Heritage Limited. I
have seen no evidence whatsoever to support that explanation and I do not believe
it was true."</p><p class="MsoNormal"><o:p></o:p></p><p> The conference call file note shows the four attendees were Mr Fletcher (AF) and Oliver Adams (OA) from the liquidators' office, Mr Frost (MF) and Dr Jennings.</p><p>A long list of 'main points' from the discussion includes this entry: "Martin agreed to give the joint liquidators a debenture over
Avocet Agritech Limited [a subsidiary of Omega], Grenfos Limited would then look at buying the debentures that Omega
has over Faculties and Agritech".</p><p>There is also a detailed account of a discussion during the conference call concerning transactions between Scottish Academic Press [SAP] Ltd and Loch Lomond Heritage Ltd, companies both controlled by Mr Frost at the time.</p><p>An extract from the file note records this conversation between those present:</p>"AF – From Omegas point of view, two large payments made to SAP.<br /><br />MF - I don’t think there are any payments, book entries rather than payments.<br /><br />OA clarified .. in 27 September 2017 there was a payment to SAP of £150k followed on 28 September 2017 with another payment of £145k.<br /><br />MF I think that's book stock rather than the brand, fairly convinced that stock was sold back to Loch Lomond Heritage.<br /><br />AF How many books are we talking?<br /><br />MF At least 12k maybe as many as 20k books<br /><br />AF why did Omega Acquire those?<br /><br />MF - The idea was that Faculties was to be run as a separate development business just looking after property & other aspects and also gaining a degree of income from sale of books. Faculties also had own set of board members control of cheque books etc. Faculties didn’t have the money so Omega bought the stock, part of the intercompany debt between Omega and Faculties is down to that, Loch Lomond picked up the brand.<br /><br />OA - Just to be clear Funds transferred from Omega to purchase stock from SAP which was your sole trader business.<br /><br /> MF – Yes, ------- wrote to royal bank then had separate accounts done."<div><br /></div><div>But now, Mr Frost claims that meeting never happened at all.</div><div><br /></div><div>And today's 'update' to Genfro shareholders also includes a copy of a witness statement submitted to the court by Dr Jennings backing that assertion. It will form part of the Frosts' appeal.</div><div><br /></div><div>In it the witness writes: "I, Dr 'Bob' Jennings, state on July 23rd 2023 that I have no recollection nor does my diary nor my phone records indicate that I on 18th January, 2021 or at some other date, joined Martin Frost in a conference call with Ashleigh Fletcher and Oliver Adams of Begbies (Begbies Traynor, insolvency practitioners) in which Martin Frost admitted that he in the guise of SAP he feloniously took money in late 2017 and in 2018 from Omega to wrongly pay for flat 2 Belvedere and Flat 4 Belvedere, Scarborough.</div><div><br /></div><div>"In my opinion the statement uttered by Ms J Hammond (and transcribed as fact for 18th January 2021 as being true) is false and malicious".</div><div><br /></div><div>Meanwhile, Mr Frost has also explained the circumstances surrounding his "threatened arrest" after a warrant was issued following his failure to appear at Jedburgh Sheriff Court last week.</div><div><br /></div><div>In his shareholders' missive, he quotes from recent correspondence with the authorities in Scotland,: "In May 2023 North Yorkshire Police, upon the allegations received (alleged malicious emails) closed down all my phone numbers and email addresses".</div><div><br /></div><div>Therefore, the only way the Jedburgh court could contact him would be via a Pennsylvania email address. He added: "I do not have any details of my case before the Jedburgh Court".<br /><br /><p class="MsoNormal"><o:p></o:p></p><p><br /></p></div>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-619410239694249192023-07-19T06:52:00.000-07:002023-07-19T06:52:08.495-07:00'Discrimination' claimant ordered to pay Borders hoteliers £2,800 <p>by <b><u>LESTER CROSS</u></b></p><p>A former assistant manager at a leading small hotel in the Borders has been ordered to pay her former employers more than £2,800 after her claims of racial and sexual discrimination were thrown out by an Employment Tribunal ruling earlier this year.</p><p>After Portuguese national Tina Nogueira's allegations against the owners of Carfraemill Hotel, near Lauder, were dismissed in March, the family-owned business sought an award of what were described as “expenses and
punitive costs” but which the Tribunal interpreted as an application for a
preparation time order and out of pocket expenses.</p><p class="MsoNormal">A tribunal hearing had been told that at the time the claimant was employed at the 10-bedroom Borders hostelry, part of the Inntuitive Group run by the Reeley family, the business had over 100
employees and now have around 300. At any given time around 40% of the employees are foreign nationals. </p><p class="MsoNormal">Ms Nogueira, who was living in Scotland in 2021, placed an advertisement looking for work. She
had taken her previous employer in Portugal to court for non-payment of wages. </p><p class="MsoNormal">Following an interview she was subsequently offered
employment as assistant manager at Carfraemill on a salary of £25,000 per annum.<o:p></o:p></p><p class="MsoNormal">After leaving her job Ms Nogueira submitted a claim to the Tribunal in which she alleged race discrimination and that she was due sums following the termination of her employment in respect of holiday pay and unpaid wages. </p><p class="MsoNormal">She had previously made claims of sex discrimination and unfair dismissal which were withdrawn. A hearing took place over a total of eight days in November and December 2022 and March 2023. In a judgment signed on 31 March all of the claims were dismissed.</p><p class="MsoNormal">A second judgment, published today, deals with the respondent's request for financial recompense from the claimant.</p><p class="MsoNormal">The judgment from employment judge Ian McFatridge states: "In this case it was the respondent’s position that the claim
was wholly vexatious. It was the respondent’s position expressed several times
during the hearing that the claimant did not have any genuine belief that her
treatment had been on the basis of race but that she had simply ticked the box
once she discovered that she did not have sufficient qualifying service to
bring a claim of ordinary unfair dismissal."</p>The claimant’s representative had made the point that she believed strongly in the justice of her claim.<div><br /></div>However, the judgment continues: "With regard to the way the proceedings had been conducted the respondent’s position was that the claim had been incoherent and that throughout the claimant had been urged to provide some evidence showing, even in the slightest degree, a connection between the poor treatment she alleged and her nationality and the claimant had singularly failed to come up with this.<div><br /></div><div>"The Tribunal’s view of the matter was that the claimant’s behaviour throughout the hearing certainly met the standard of being unreasonable."</div><div><br /></div><div>In a highly critical section of his ruling, Judge McFatridge writes: "Whilst the Tribunal accepted that the claimant may have honestly believed that she had been treated badly the objective facts of the matter suggested that this was simply not the case. Much of what the claimant complained of; having to come in to work to cover staff absences, not having control of the rotas of other staff were simply features of the job of assistant manager. </div><div><br /></div><div>"On a number of matters the Tribunal found that the claimant’s evidence was entirely disingenuous and that she was quite happy to try to bend the truth where she felt this would assist her case. An example of this was in relation to her eventually admitting that she had herself approved her holidays in January for dates which management would never have allowed.</div><div><br /></div>"With regard to the meat and bones of her race discrimination claim the Tribunal found absolutely no scintilla of evidence that any of the claimant’s treatment was in any way discriminatory."<br /><div><br /></div><div>The judgment concludes that the respondent had been put to considerable trouble and
expense as a result of the claim being made and the way the claim was conducted. </div><div><p class="MsoNormal">"We are in no doubt that it would also have been a cause of worry and concern to
them. They are employers of a large number of employees of foreign origin and
it would be a concern to them to be accused of race discrimination despite
there being no evidence to support such a claim."<o:p></o:p></p>
<p class="MsoNormal"><o:p> </o:p>The sums sought by the respondent included a charge for preparing for the hearing of 110 hours. The Tribunal considered this was a reasonable figure for the time to be taken to prepare for such a hearing. If anything, it was on the conservative side. The business had charged this at £25 per hour but the statutory figure for 2022 was in fact £42 per hour.</p>"Taking into account the correct figure then the total preparation time for the 110 hours spent preparing for the Tribunal would come to £4620. Given that the respondent restricted their application to a total of £5640 we felt it appropriate to base our 50% on that. The claimant shall therefore pay £2820 to the respondent."</div>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-68282344554488988582023-07-15T03:27:00.000-07:002023-07-15T03:27:50.282-07:00'Luxury holidays' paid for by Avocet company bank account<p>by <b><u>OUR OWN REPORTER</u></b></p><p>Luxury holidays featuring business class travel to Venice, Athens and Lisbon coupled with high quality accommodation were enjoyed at the company's expense by Avocet Group chairman Martin Frost and his wife, according to paperwork produced by liquidators of the 'disruptive ' technology outfit.</p><p>Insolvency experts challenged payments from Mr Frost's Director's Loan Account [DLA] totalling over £28,000 to Classic Collection Holidays during his tenure at the helm of the troubled parent company Omega Infinite PLC. The tour company specialises in "Personalised Luxury Holidays", says its website.</p><p>And the insolvency practitioners also queried other 'travel expenses' met from the DLA which topped £100,000, and for which there were "no receipt or other vouching whatsoever".</p><p>The findings from the assessment of Omega's affairs, including disputed DLA payments - the account was overdrawn by more than £850,000 when it was closed in 2019 - formed one strand of evidence in support of a court application aimed at repossessing two upmarket Scarborough flats, bought by Mr Frost using shareholders' money, according to a judge.</p><p>Mr Frost, a bankrupt, has claimed the deficit details of the DLA had been "fabricated" and did not reflect his indebtedness to the company.</p>A document sent to Mr Frost by a law firm representing liquidators Begbies Traynor stated: "Our clients have identified numerous payments made by the Company in respect of foreign travel. Some of these payments are supported by invoices within the Company's books and records but others are not.<br /><br />"A total of £28,589 was paid to 'Classic Collection Holidays' for seven trips to various European<br />destinations including Venice, Athens and Lisbon. The invoices for these trips are contained within the Company's books and records. It is not apparent what, if any, business interests the Company had in those locations. <div><br /></div><div>"Our clients note that each of the invoices records that you and Mrs Orr Frost travelled business class, stayed in a high standard of accommodation and stayed for up to seven nights (well beyond what one would expect to be necessary for a business meeting)."<br /><br />Mr Frost had been asked to explain and provide evidence that the trips with Classic Collection Holidays were for the benefit of the Company and its business but had not done so. The liquidators considered it reasonable to conclude that the trips were luxury holidays for Mr Frost and Mrs Orr Frost and were not for the benefit of the Company.</div><div><br /></div><div>The court paper continues: "Our clients have identified from the Company's bank statements and Xero ledger in relation to travel expenses payments totalling £100,636 for which there is no receipt or other vouching whatsoever. The majority of such payments were made to Thomas Cook Travel. </div><div><br /></div><div>"Our clients have been unable to identify any evidence that the Company derived any benefit from this expenditure or that it was incurred for that purpose."</div><div><br /></div><div>By causing or allowing the Company to incur expenditure on travel for the personal benefit of the Frosts, or otherwise than for the benefit of Omega and its business, Mr Frost had breached his duties as a director. <div><br /></div><div>Another matter covered in the correspondence from the law firm relates to payments made from the DLA to a company called Loch Lomond Heritage, referred to as LLH.</div><div><br /></div><div><div><div>LLH was incorporated in 2012, and Mr Frost had been its sole director from the outset.</div><div>.</div></div><div>"We wrote to LLH on behalf of our clients concerning payments in the sum of £222,872 made from 28 November 2017 to 9 July 2019 which we and our clients consider were preferences. We have not received a satisfactory response to our letter.</div></div><div><br /></div><div><div>"We and our clients consider that, as well as being preferences, the payments to LLH were made in breach of your duties as a director of the Company".</div></div><br /></div>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-7422223944467024852023-07-14T03:41:00.000-07:002023-07-14T03:41:21.765-07:00Avocet: the Catholic Church and a Milan cheese factory<p><b><u>EXCLUSIVE</u></b> by <b><u>OUR BUSINESS STAFF</u></b></p><p>Avocet Group chairman Martin Frost told investigators he had to purchase a Tipperary priest's house in his own name while using company cash because of Roman Catholic Church restrictions on selling property to corporates and non-Irish.</p><p>The explanation was given to liquidators looking into the affairs of Omega Infinite PLC, the Avocet parent company, which became insolvent and folded in 2019, leaving a trail of debt and 650 anxious shareholders. </p><p>The 'revolutionary' fuel-making technology promoted by Omega failed to deliver any marketable product. But Mr Frost has previously denied allegations that he and his fellow directors had presided over a Ponzi scheme.</p><p>Four transfers totalling 155,000 Euros made by Mr Frost from Omega's bank account to a law firm in Ireland as payment for the house in the village of Three Mile Borris, near Thurles, were among the matters queried by insolvency practitioners. They maintain many of the withdrawals made from the Director's Loan Account (DLA) used by Mr Frost did not benefit the company but were for his personal gain.</p><p>The involvement of the Catholic Church in the Avocet saga, and £54,000 given by Mr Frost to an Italian farmer are among the topics covered in a liquidators' Letter of Claim sent to Avocet's chief in September 2021 with a demand for clarification and for payment of over £2 million within 28 days.</p><p>According to the letter: "The Company made the following payments to the client account of O'Donovan Baker (a firm of solicitors in Cork, Republic of Ireland): 16 March 2018 €15,000; 4 July 2018 €20,000; 11 October 2018 €20,000; 19 October 2018 €100,000; Total €155,000.</p>"John O'Donovan of O'Donovan Baker has stated to our client that these payments were received as part of the purchase monies for a property at Two Mile Borris, County Tipperary and that they acted on your behalf in the purchase of the said property. None of the payments to O'Donovan Baker were posted to the ledger of your DLA which they should have been if, as you say, they were personal advances to you."<div><br /></div><div>Earlier, in an email to the liquidators, Mr Frost gave this explanation for the Tipperary deal:</div><div><br /></div>"The objective of this cottage was to provide accommodation for Avocet folk working and visiting the Avocet Lisheen operation instead of running up huge accommodation bills. In Two Mile Boris property was difficult to obtain so an arrangement was made to acquire the old priest's house which the church had let to the council for social housing.<br /><br />"As you are no doubt aware there are (informal) restrictions on who the Irish RC Church will sell to - not to corporates and non-Irish. I have a distinguished Irish pedigree and I was (an) acceptable purchaser to both the Church & State".<br /><div><br /></div><div>He said he had taken the house to be passed on to Avocet Bio Solutions, an Irish-registered subsidiary business of Omega Infinite, previously called Avocet Infinite.</div><div><br /></div><div>However, the apparently sceptical liquidation team told Mr Frost: "Our clients do not understand the Company to have had any operations in Lisheen and any such operations were conducted by Avocet Bio Solutions plc. As such, they believe that your references to Avocet in your email were not to the Company and there was therefore no sense in which the purchase of the property was intended to benefit the Company or its business. The Company has a proprietary claim to the assets acquired by you using money misappropriated from the Company. You hold such assets as constructive trustee for the Company."</div><div><br /></div><div>And the Letter of Claim continued: "Further, your fiduciary duties require you to account to the Company for the use of the €155,000 referred to. The Company is entitled to trace that money into the property purchased in the Republic of Ireland and to require you to account as a constructive trustee.<div><br /></div>"If you have transferred the property to Avocet Ireland, then Avocet Ireland is also bound by the constructive trust. The reason is that it is to be inferred from your email that Avocet Ireland was not a bona fide purchaser of the property for value without notice".<br /><br />The liquidators then turn their attention to the £54,357 paid by Mr Frost from the company's account to one Guillo Onesti.<br /><br />Mr Frost had told them: ""It is complicated but Avocet Bio Solutions was also to have a large shareholder input from the Roman Catholic Church – in large measure this was to derive from the Italian Onesti family who were giving part of their farms around Milan to the church, the balance including the cheese factory Avocet Bio Solutions was buying for some 20 million euros. <br /><br />"In 2018 various Avocet & Frost payments were made to the Onesti family and an Italian memorable chapel was given to the Roman Catholic Church. In Two Mile Boris I donated in 2017 to the RC Church part of a playground for their school."<br /><br />In the view of the liquidators, Omega did not appear to have derived any benefit from this payment to Onesti. Mr Frost's explanation did not suggest there was any prospect of it deriving such a benefit given that it appeared the payments and donations to the Onesti family were intended to benefit Avocet Ireland.<br /><br />"We consider that by causing or allowing the payment to be made to Mr Onesti, you breached your duties to exercise your powers as a director for the purposes for which they were conferred; to promote the success of the Company in good faith - the payment was intended to promote the success of Avocet Ireland; to act in the best interests of the Company's creditors as a whole; to exercise independent judgment; and skill and care".</div>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-44941286329931378172023-07-13T03:31:00.000-07:002023-07-13T03:31:16.196-07:00Multiple items of "personal expenditure" in director's loan account <p><b><u>EXCLUSIVE</u></b> by <b><u>OUR BUSINESS STAFF</u></b></p><p>Liquidators investigating the affairs of the insolvent Omega Infinite PLC uncovered details of what appear to have been numerous personal purchases made on a Director's Loan Account [DLA] by the company's chairman, 'visionary' businessman Martin Frost.</p><p>Among items included in the account were credit entries for luxury food retailers Fortnum & Mason, upmarket Edinburgh restaurant Bar Frizzante, and the highly acclaimed Bells Fish & Chips. The liquidators also asked Mr Frost to justify a series of payments made from the account, and totalling £121,000, to a company called Scottish Academic Press (SAP), of which he was a director/sole trader.</p><p>The full list of alleged 'non-company' purchases and transactions via the DLA were put to Mr Frost in a liquidators' Letter of Claim in September 2021. The document formed part of the application made to the court by the liquidators who are seeking to recover two luxury apartments in Scarborough, bought by Mr Frost using £425,000 of Omega's funds.</p><p>The letter showed that as of 9th November 2019, Mr Frost's DLA was overdrawn in the sum of £850,747.</p><p>And the liquidators from insolvency practitioners Begbies Traynor required: "On behalf of the Company, our clients demand immediate payment of the said sum o £850,747 albeit it is considered that this figure understates the extent of your indebtedness to the Company."</p><p>In his written evidence to a recent court hearing, Mr Frost claimed the DLA had been 'fabricated'.</p><p>Despite an assertion by the liquidators that Omega was insolvent by January 2017, Mr Frost, in a witness statement, signed by him in April of this year, declared: "In January 2019, Martin Frost was chairman and CEO of an intellectual property group (Omega Infinite PLC) independently valued in excess of £200 million".</p><p>He dismissed the liquidators' application statement to a judge in the Leeds courts as "a diatribe of half truths".</p><p>Mr Frost concluded his statement with: "Finally, not only should the Orrites and 'insolvency folk' be ex-communicated from society, but also should their lapdogs to wit; the dishonest Jeffrey clan; the crystallised journalist Bill Chisholm", and one other named individual.</p><p>The Letter of Claim specifically mentions the payments to Fortnum & Mason, Bar Frizzante and Bells Fish & Chips before going on to state: "or items which did not otherwise benefit the Company (e.g. car tax for your personal vehicles, gas and electricity for the Chandlery [a building in Berwick-on-Tweed] which is not a property owned by the Company). It is incumbent on you as a director of the Company to justify any of your entitlement to credits to the DLA and you will be required to do so."</p><p>The document outlines payments in the sum of £121,510 made between 13 June 2019 and 20 November 2019 to Scottish Academic Press which "we consider are payments made to you personally and which were not for the benefit of the Company or its business".</p><p>As the Letter of Claim explains: "The DLA ledger includes a number of substantial payments to SAP. Those payments are habitually referenced 'Scottish Academic Press – trfr to SAP – essentially M Frost'.</p><p>It is also revealed that in a conference call with the liquidators' representatives which also involved Omega director Dr Bob Jennings held on 18 January 2021, Mr Frost was asked to provide background in relation to SAP and to explain why the Company had made payments to it.</p><p>"You explained that SAP is a publishing house that had been trading for some 200 years. You were introduced to the opportunity to purchase the SAP business by a friend at Edinburgh University. The business had been operated through a limited company but was later transferred to you to operate as a sole trader."</p><p>Mr Frost had stated in Infinite's 2017 accounts which were approved by the board and signed by him that the business and brand of SAP was sold to Avocet Faculties Limited, a subsidiary of Omega in 2018 for £300,000.</p><p>But the liquidators state in their letter to Mr Frost: "However notwithstanding the claimed transfer of the business and brand of SAP, our clients believe that payments by the Company to SAP recorded in the DLA ledger were payments which were made to you personally.</p><p>"Our clients consider that each of the payments to SAP recorded in the ledger of your DLA have been correctly debited from your DLA as they are payments to you personally and for your personal benefit. Those payments total £949,160. As indicated, our clients believe that a further £121,510 was paid to your account in the name of SAP but such payments were not posted to the ledger of your DLA.</p><p>"Our clients believe that you utilised monies paid to your account in the name of SAP to purchase land and buildings."</p><p><br /></p>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-68649702262020916362023-07-12T07:26:00.000-07:002023-07-12T07:26:18.549-07:00Avocet chairman was hit with £2 million demand from liquidators<p> <b><u>EXCLUSIVE</u></b> by <b><u>OUR BUSINESS STAFF</u></b></p><p>Martin Frost, the one-time head of the Avocet Group of businesses, faced claims from his parent company's liquidators for the repayment of more than £2 million following an investigation of the firm's affairs, according to court documents seen by <i>Not Just Sheep & Rugby.</i></p><p>Items listed in a so-called Letter of Claim, sent to Mr Frost on behalf of insolvency practitioners Joanne Hammond and Ashleigh Fletcher, liquidators of Omega Infinite PLC, in September 2021 included an overdrawn Director's Loan Account [DLA] with a deficiency of £1.176 million.</p><p>The 12-page letter also details a number of other financial transactions said to have involved Mr Frost - now bankrupt - which were of no material benefit to shareholders in the company. Omega was supposed to be developing a revolutionary green fuel before it folded, and had attracted millions of pounds of investment by some 650 shareholders.</p><p>The document formed part of the evidence placed before Judge Christopher Royle in the Leeds courts in a bid by the liquidators to repossess two luxury flats in Scarborough, said to have been purchased by Mr Frost for £425,000 using company funds.</p><p>But in a witness statement, Mr Frost claimed the £2 million demand - to be paid within 28 days - had been "based on a fabricated Omega Frost loan account".</p>Omega was wound up by a court order following a petition presented by law firm Fieldfisher - a creditor with unpaid solicitors' bills - in November 2019. The joint liquidators were appointed with effect from April 2020, and they embarked on a year long inquiry into Omega's activities before the Letter of Claim was sent to Mr Frost.<div><br /></div>It states: "Our clients have investigated the Company's affairs in accordance with their statutory and professional duties. In light of those investigations, it appears there are claims which should be pursued against you and your fellow directors."<div><br /></div><div>After setting out the duties and responsibilities of company directors, the letter declares: "At such times as you knew or should have known that the Company was insolvent, or likely to become insolvent, your duties extended to acting in the best interests of the Company's creditors as a whole. We consider that you knew or should have known the Company was insolvent from 10 January 2017, if not before".</div><div><br /></div><div>The reasons why Mr Frost should have realised Omega was 'bust' are then set out in some detail. These include:</div><div><br /></div>"On 10 January 2017, the Company entered into an agreement with Mr Glyn D. Short (an inventor and developer) that the Company would pay Mr Short a consultancy fee of $5,000 per month commencing that month. The Company made two such payments in January and February 2017 but did not make any payments to Mr Short from March 2017 onwards. The amount outstanding to Mr Short upon the Company's winding up was $110,000.<br /><br />"On 14 March 2017, the Company entered into an agreement with AFS Ventures Plc (in liquidation) pursuant to which it agreed to pay the sum of £493,000 by way of further consideration for the purchase of certain intellectual property rights within 12 months (so by 13 March 2018). The Company has not<br />made any such payment either by the date it was due or since."<br /><br />As such, say the liquidators, the company was unable to pay its debts as they fell due from 10 January 2017 and they consider Mr Frost knew or should have known this was so.<br /><br />"The above matters are based upon the proofs of debt received to date. A number of creditors have not yet submitted proofs of debt and, as such, it is anticipated that there will be numerous further examples of the Company's inability to pay its debts. [The liquidators] further reserve their position as to when the Company became insolvent on a balance sheet basis (indeed if it was ever so) as there appears to be significant doubt about the value of the Company's assets."<br /><br />It is explained that Mr Frost was also a trustee of such of the Company's property as was in his possession or control, including the Company's money, and he owed fiduciary duties to the Company in that capacity.<br /><br />The liquidators then outline the basis upon which they consider that the Avocet chairman had breached his duties to the company and the consequences of such breaches.<br /><br />In a judgment delivered last week, District Judge Royle ruled that Mr Frost had indeed breached fiduciary duties by using money from the business to pay for the two Scarborough apartments.<br /><br />According to the judge: "There is nothing before me which persuades me that the payments were made other than in breach of Mr Frost's duties as a director. There is, as Mr (Steven) Fennell [counsel for the liquidators] has pointed out, no proper evidence of shareholder approval, board approval, or that Mr Frost did anything other than use monies invested in Omega".<div><br /></div><div>In a witness statement dated May 16th, 2023, Mr Frost hit out at the application to have the flats repossessed.</div><div><br /></div><div>He wrote: "I admit that in recent weeks I have worked with retired UK judicial members, retired counsel and solicitors, the UN in Geneva, US authorities in Wilmington and members of the Israeli intelligence services to proffer fact finds on (a named solicitor) and the liquidators of Omega Infinite PLC.</div><div><br /></div><div>"Such fact finds do reveal that (a named solicitor) and the liquidators fabricate evidence to mislead Leeds High Court - details of which are due to be privately given to the UK PM next week along with Leeds High Court".</div><div><br /></div><div><b><u><br /></u></b></div><div><br /></div>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0tag:blogger.com,1999:blog-935909191399027318.post-60081032661948905672023-07-10T06:28:00.000-07:002023-07-10T06:28:11.513-07:00Reporter axes housing site near Abbotsford again<p>by <b><u>LESTER CROSS</u></b></p><p>The 500 objectors who voiced their dissent against a proposal to build 45 houses close to renowned author Sir Walter Scott's home at Abbotsford House will no doubt be overjoyed after a Scottish Government planning reporter ordered the site should be removed from the Borders Local Development Plan [LDP] for a third time.</p><p>Scottish Borders Council had included the land at Netherbarns, on the outskirts of Galashiels, in their new LDP even though it had been rejected at previous examinations.</p><p>But reporter Nick Smith and his team who have spent the best part of a year examining development sites across the Borders region have concluded that even with additional mitigation measures a detrimental impact on Abbotsford might not be avoided.</p><p>The council rejected the written objections which flooded in from around the world when Netherbarns was included in the proposed LDP yet again.</p><p class="MsoNormal">Typical of the condemnation because of the perceived threat to Scott's home was the submission from Douglas
Pringle, an attorney based in Wichita, Kansas, who is president of the wealthy
K T Wiedemann Foundation. The organisation has donated well over $150,000 to
the Abbotsford Trust to help with restoration of the house and its outstanding
collection of Scott books and artefacts. <o:p></o:p></p><p class="MsoNormal">Mr Pringle told SBC in his objection letter on behalf of
the Foundation: "The [Netherbarns] proposals have a highly negative impact
on Abbotsford. It would be a pity to see this idyllic setting destroyed by this
project".<o:p></o:p></p><p class="MsoNormal">And Abbotsford chief executive Giles Ingram wrote: "We hope
we can forestall the site's inclusion in future LDPs by putting forward our
case, now and forever, on the detrimental impact of a development at
Netherbarns on Abbotsford, the jewel in the crown of the Borders".<o:p></o:p></p><p class="MsoNormal">In the 1150-page Examination report on the Borders LDP, Mr Smith writes: "It is acknowledged that the site has a history and has previously been omitted from the Plan by Reporters from the Scottish Government. However, it is not uncommon for submissions to be made again for sites that have been dismissed previously. What needs to be considered is whether there are any new material considerations and amendments to the proposal which have not previously been tabled which could justify the site being considered for inclusion within the Plan.</p><p class="MsoNormal">"In respect of these new proposals, amongst other matters it is noted that the location for the proposed houses are on a different part of the overall site compared to submissions previously. No development is now proposed on the larger eastern part of the site closest to Abbotsford House and more new planting is proposed throughout the site to screen it further. Taking these points into consideration there is no doubt that this new amended proposal has not been subject to previous Examination and it is entirely inaccurate to state otherwise. Consequently the new amended proposal has the right to be considered for inclusion within the LDP as is the case for all other proposals for other sites across the region which offer new material changes which have not previously been subject to Examination."</p><p class="MsoNormal">But the reporter said he concurred with the conclusions reached at the previous local
plan inquiry.</p><p class="MsoNormal">"It appears to me that cultural and landscape considerations
combine to provide an asset which should remain free of the impact of the
suggested allocation and any subsequent development of Netherbarns. I do not
accept that the woodland screening would adequately mitigate the adverse
impacts of the allocation on the setting of the house or the designed
landscape. Additionally, the re-opening of the railway link to Galashiels is
likely to increase the volume of visitors to Abbotsford, therefore further
strengthening the need to protect the heritage of the vicinity. On this basis,
I conclude the allocation, including the somewhat obscure reference to
educational facilities, should be removed from the proposed plan."</p>Mr Smith explained that during a visit in October 2022, when the trees were still in leaf, he could not see the site itself when looking from the house, its terraces or the parkland next to the river. However, when he returned in January 2023, he could clearly see the grass within the site through the bare trees. He could also see existing houses at Abbotsview to the northeast of the site. <div><br /></div><div>"Given the historic and cultural importance of Abbotsford House, I do not consider mitigation which seeks to minimise the adverse effects of the proposed development to be sufficient. The design code suggested in the heritage statement indicates that a range of detailed interventions would potentially be required to help make the development acceptable.</div><div><br /></div><div>"I do not consider that such interventions could be guaranteed as part of an allocation in a local development plan. The council refers to the recent visitor centre as an example of a modern development which has been built within the grounds of Abbotsford House. It is not the role of this examination to assess the merits or otherwise of the visitor centre. However, as this building has no impact on views across the River Tweed from the principal rooms of Abbotsford House or the landscaped terraces and grounds to the north of the house, I do not consider its effects to be directly comparable. </div><div><br /></div><div>"I conclude that allocation AGALA029 [Netherbarns] has the potential to have an adverse impact on the setting of Abbotsford House and on its designed landscape. Reporter’s recommendations: Modify the local development plan by: deleting allocation Netherbarns from the table on proposed plan page 345 of the Galashiels settlement profile and from the Galashiels settlement map".<br /><br /><br /><br /><p><br /></p><p><br /></p></div>Not Just Sheep and Rugbyhttp://www.blogger.com/profile/13675629597975478950noreply@blogger.com0