Borders council's seventh time extension to ponder giant wind farm

by DOUG COLLIE

The planning authority in the Scottish Borders has been granted a seventh time extension as it attempts to reach a decision on a proposed £417 million wind farm project involving 53 turbines in Teviotdale.

It means the original deadline of October 9th 2022 by which time Scottish Borders Council was supposed to declare its support for or opposition to the Teviot wind farm, south of Hawick will now be set for March 5th 2025. 

The latest extension has been approved by the Scottish Government's Energy Consents Unit [ECU] following an agreement reached between the local authority and developers Muirhall Energy.

In a message to the ECU asking for yet another additional period to deal with Muirhall's application, Borders planning officer Scott Shearer wrote: "This is a highly important scheme for the Scottish Borders, however the additional processing time will ensure the development is fully considered by the Planning Authority, allows for any response by the applicants and sufficient lead in to complete a Report of Handling for our planning committee."

Should the members of the planning committee vote to reject the application then a public inquiry would be held leading to a decision by Scottish Ministers.

Meanwhile, in his consultation response, council ecology officer Malcolm Ginns raises concerns over potential damage to peatland, and  the impact the scheme might have on red squirrels.

According to his written submission: "The AEI (Additional Environmental Information) report acknowledges that the residual impacts on the habitat assemblage will remain significant. Given that Scottish Government have declared a Climate and a Nature Crisis, it is my opinion that more ought to be done to avoid impacts on peatland from the outset rather than relying on mitigation and compensation".

Proposed turbines 22, 23, 24, 27, 28, 30, 41, 42 and 43 as well as associated tracks are located on bog habitats which are in sensitivity class 1 or 2. Some areas of these habitats and the underlying peat are either heavily modified or actively degrading.

In the ecology officer's view: "The majority of the hard standings for turbines 24 25 and 41 are proposed on class 1 peat. Ideally these turbines would be (re)moved from this nationally important habitat. 

"Class 1 peat is nationally important, in my opinion the fact that the hardstanding would only impact comparatively small areas and impacts would “only” be of regional, not national importance is secondary as the piecemeal destruction of important habitats still has a significant cumulative effect over time, which ought to be avoided."

Due to the very large scale of the current proposal, the project would remain viable if the design was further adjusted to protect more peatland, the report adds.

In a section of the submission headed Red Squirrels, the submission warns that 15 sightings of the species were recorded on the wind farm site: in the Northhouse forest between Goat Hill and the Southdean Burn. 

"The sighting location is within the area marked for infrastructure felling and the wider, immediately adjacent forest area is proposed for felling between 2024-28.

"I am concerned about the impacts of this on Red Squirrels due to the potential of them becoming isolated in this area.

"Therefore, I would like to see some early compensatory planting being provided for the benefit of red squirrels at Goat Hill. This should be before the site is operational or at least before the felling phase for this area ends in 2028."

Muirhall Energy's website shows the construction period for the project is now scheduled for 2029-2033 with the wind farm becoming operational in 2033.

It would generate enough electricity to power 437,000 homes, according to the company.

Avocet resources now rest with the Crown!

by OUR BUSINESS STAFF

He may be blissfully aware of his recently acquired bounty, but King Charles is now technically the owner of assets seized from the failed Avocet group of companies, Not Just Sheep & Rugby can reveal.

The compulsory dissolution of Avocet IP Ltd in May of this year after management repeatedly failed to abide by company regulations marked the death of the business which previously held the portfolio of patent applications, designed to make hundreds of shareholders extremely wealthy.

It meant that once Avocet IP had been killed off via compulsory strike off "all property and rights vested in or held in trust for the company are deemed to be bona vacantia [Latin for 'vacant goods'] and will belong to the Crown".

The Treasury Solicitor who collects assets from doomed firms may have been unaware that Avocet IP directors, including Martin Frost and Dr Bob Jennings were in possession of at least three registered trademarks, two involving the use of the word 'AVOCET' and a third titled 'COW PALACE'. So, these can now be assigned to His Majesty, or to any other section of the Crown estates to use as they wish!

Those who invested in the Avocet projects - based on agricultural production and 'ground breaking' fuel additives - will be familiar with plans to keep herds of cattle in so-called cow palaces on farms in Berwickshire. 

An application to register 'Cow Palace' as a unique trademark was filed with the patents office in January 2018, and the protection for the phrase was secured in May of that year. The 'title' was transferred from Avocet Infinite, as it then was, to Avocet IP Ltd. in July 2018. 

It meant the company had exclusive use of Cow Palace under four separate classes of the Intellectual Property regulations. These cover (Class 29) processed food in relation to meat and other farm products; (Class 31) animal feed and fodder; (Class 42) research and development services including environmentally friendly forms of energy and power; and (Class 44) agricultural services relating to environmental conservation. 

The trademark register shows the exclusive use of COW PALACE by Avocet IP or its successors will remain intact until January 19th, 2028, giving the Crown ample time to put the trademark to good use.

Unfortunately, one of the 'AVOCET' marks, applied for in 2014, expired in May 2024. But the second registered in 2017 runs until a renewable date of February 19th, 2027.

A check on the files at the United States Patent and Trademark Office [USPTO] revealed that Avocet IP was also the holder of a registered mark 'AVOCET' covering its designation for chemical products for use as additives for fuel.

However, invalidation was pronounced by the director of USPTO on January 6th, 2023 "after the holder failed to comply with the statutory requirements regarding the filing of an affidavit of continued use or excusable non-use". 

Par for the course for Avocet, some would say.

For the record, Avocet IP also enjoys ownership of two European trademarks, both bearing the word 'AVOCET'. The fuel additives version will expire on November 3rd 2024 while the agricultural variety is due to lose its status on August 11th 2027.

Perhaps someone should notify Buckingham Palace?

A moving story - Hadrian's Wall migrates 52.8 miles north!

by OUR CULTURAL EDITOR

Students of history who thirst for knowledge about the rich archaeological heritage of the Scottish Borders can access an educational paper which tells them Hadrian's Wall follows the line of the England-Scotland border, and claims local people know little about the region's rich past..

According to Google maps the world-renowned wall, erected during the Roman occupation almost 2000 years ago, is 52.8 miles south from Carter Bar which marks the national boundary.

But Exploring The Unexplored: Archaeology in the Scottish Borders, available on the Course Sidekick website - motto: Study Learn Succeed - informs readers "Hadrian's Wall, which is a UNESCO World Heritage Site and goes along the border between England and Scotland, is just one of many amazing Roman buildings in the area. The wall is right on the border between England and Scotland. As the wall goes from England to Scotland, it follows the line between the two countries."

The opening statements in the Sidekick dissertation may have left professors of Roman history and other Scottish academics completely nonplussed.

It's headed: Scottish Boarder [the author's spelling]: Why Left Unexplored. The writer then goes on to claim that archaeologists might not have found the Scottish Borders yet for a number of reasons, "but it is definitely something they should try to do."

And the article continues: "One of the most important things that led to the current situation is that there is neither money nor any other resources in the area that can be used to study archaeology. Archaeological study takes time and money, so it can be hard to get money for it. This is especially true in places where there aren't as many people as in other places."

Students who decide to use this Sidekick tool will discover that "This part of Scotland has a lot of ancient and Roman ruins, as well as a lot of castles, tower houses, and walled towns from the Middle Ages. The long past of fighting and settling in this area is shown by these buildings. Some of these places have become important historical and cultural landmarks because of the work that has been done to keep them in good shape."

The thesis also includes this telling contribution - "When people first moved here, this area was part of the Roman Empire. During this long and difficult time, a lot of different villages grew up along the border of Scotland. Each one had its own set of customs and ways of doing things. These places can be found because they are close to each other. Each of these towns has a different location, which makes it easy to tell them apart."

Students are warned that it might be hard to do polls in most of the Scottish border area, which is 'remote and has few people living there'. 

"It will be hard for historians to find and dig up important places, especially if they are underground or hidden in some other way. Archaeological study is hard to do in the Scottish border area because it doesn't get enough money or other tools. Surveying and digging up a historical site takes a lot of time, money, and the knowledge of trained experts with experience in the field. Since there isn't much private money for archaeological research in the Scottish border area, it often has to depend on money from the government or gifts from charitable groups."

Studying in the region may be hard, "take a long time, and cost a lot because the area is remote and has a rocky landscape. It could also lead to a number of problems. Due to the prices and limits of certain forms of transportation, it may be hard or expensive to get to some places or get to them at all."

We found the next statement somewhat inaccurate and misleading.

Apparently: "Due to the long and complicated past of the area, historical relics in the Scottish border region are notoriously hard to find and understand. This is because people have lived and fought in the area for a long time. Because of this, people who live in the area don't know much about the area's rich historical history."

And consider this gem: "Archaeologists have a harder time figuring out what things from the past mean when they find them in the same place where people lived at different times in history. Also, weathering, farming, and development have all hurt or gotten rid of some ancient places in the Scottish border area."

Or this: "When the Roman Empire was in charge, this land was part of the region of Britannia, which was ruled by the Romans. It was only recently discovered that a number of Roman towns and forts used to be in this area."

And finally: " Despite showing signs of human activity from thousands of years ago, some historic places are getting worse or have gone away completely because of erosion, farming, and urbanization."

Our efforts to trace the source of this dubious aid for students has, perhaps appropriately, fallen on stony ground.

The text of the US-produced gamechanger makes reference to the University of Tennessee, Knoxville. However, two messages sent to the Department of Anthropology there failed to elicit a response.

Course Sidekick is a brand name used by Learneo Inc., of Redwood City, California, Website blurb claims: "Course Sidekick helps you in your history studies whether you are a college or a high school student. Ace history assignments by finding both relevant documents and study materials. We've got you covered 24/7".

We drew a blank when we contacted Learneo with a request for a contact address for the compiler who assembled Exploring the Unexplored: Archaeology in the Scottish Borders. 

The full 'academic' paper can be found here:  https://www.coursesidekick.com/history/3356929

Avocet's 'Singapore Sling*' leaves a bitter taste

by OUR BUSINESS REPORTER

Investors who lost millions of pounds in the failed Avocet 'wonder fuel additive' disaster have reacted with anger and disbelief after being told a mysterious Singaporean named Rebecca Seddon has been gathering evidence for a $400 million lawsuit for damages to be raised in Delaware, USA.

Paperwork and emails sent to Not Just Sheep & Rugby include allegations that 'Rebecca' is yet another fictional character dreamed up by Avocet/Genfro life presidents Martin Frost and Dr Bob Jennings while they are pursued through the English courts for recovery of substantial sums of money and property.

As we reported previously, shareholders in the failed businesses, including Omega Infinite and Avocet Natural Capital, were regaled with tales of an enigmatic plutocrat by the name of Tim Carter who was ready to pay tens of millions of pounds on behalf of an obscure corporation for Avocet's "much sought after" intellectual property.

None of the people beyond the Group's management who attempted to meet Carter or acquire his mobile phone number managed to clap eyes on him before Mr Frost stopped referring to him in communications circulated to shareholders. Needless to say, no transaction was every completed.

It becomes clear from the correspondence passed to us that Rebecca Seddon is just as elusive as Tim Carter. In a farcical twist, at Christmas time last year both were the subject of a missing persons report to Northumbria Police. The force declined to investigate after explaining that failing to reply to emails "does not constitute missing".

According to one email from Mr Frost - he is currently bankrupt and has been the subject of an ongoing fraud investigation by Police Scotland - "Rebecca, using the 'black arts' proved that [a named accountancy firm] lied to Leeds Court".

Leeds Court, of course, was the venue where a judge ruled that Mr Frost had used hundreds of thousands of pounds of Avocet company cash to purchase two up-market flats in Scarborough.

Apparently, 'Rebecca' first appeared in October 2023. Her role within the group of companies which are either being liquidated or are in administration has never been explained in detail.

However, in a so-called news release sent out by Mr Frost: "Singaporean Rebecca Seddon, working in the US for major intellectual property investors, provided on Thursday January 4th to Leeds High Court and to Prime Minister Sunak documentary evidence that (named individual and accountancy firm) have lied to the English Law Society and the UK courts. Both the High Court and Parliamentarians have accepted Rebecca’s evidence, especially that of conspiracy between……"

A more plausible statement is included in an email exchange during August 2024 between 'Rebecca' and one of the leading players in the Avocet fiasco who we have decided not to identify. The individual concerned had been supplied with convoluted reasons for Avocet's downfall.

He wrote: "Dear Rebecca, what a shame that just 2% of all this was not made available prior to those who invested from Autumn 2017 onwards. The constant explanations, which are similar to previous incarnations, have not led to anything that was promised. There is now a shift from being informed of, and advanced a ‘gift’ some months ago, yet the last I read that is now, post a judicial victory. So many shareholders are totally in the dark, yet some are numb with the voluminous tales of, ‘big lies’, bad buggers, and naughtiness."

In response, Seddon declared: "I do not agree that we shall end up with a pyrrhic victory. An offer of £30 million we have already refused. I do not agree that our legal discussions will roll on forever.  Meaningfully, we expect this year to have much improved offers. I only became involved in October 2023, and during this last 10 months I believe I have achieved more than all your other past historians. I am already running late for a meeting, so I will respond in more detail later".

The unnamed leading light argued that much information was generally concealed or unavailable to most investors. His own due diligence had been less than normal based on the quality of others on the share roster, so that was his own fault. 

"I believed Martin, had I known any of 2014 to 2017, I’d have run a mile. I invest in people first and the business second. It wouldn’t be the first failure for me where the entrepreneur didn’t deliver. This is the messiest investment I’ve ever made." 

The writer of that message was also told by 'Rebecca': "As you are aware the liquidators of Omega Infinite Plc are seeking to bankrupt Dr Bob Jennings and Rose Mary Jennings. In the Newcastle High Court trial set down for January 2025".

And it was claimed most of those to be targeted with lawsuits including law firms, insolvency experts, The Sunday Times, The Herald, the Scottish Government etc. would settle "rather than put up with the trauma and publicity regarding their own guilt."

Only last month former Avocet employee Tristan Jeffrey - still owed more than £33,000 with 8% annual interest being added after employment tribunal victories against Avocet - made several attempts to meet 'Rebecca' and Jennings to discuss his late father's 250,000 Avocet shares.

At one point he wrote: “Rebecca Seddon, I will meet you any place any time, simply say where and when. As previously mentioned, I have all the documentation requested: a reminder that I do not want this information falling in to the hands of the corrupt business associates and convicted criminals you have links to, hence the importance of meeting in person.” 

Mr Jeffrey did not receive a reply from either Seddon or Jennings, or from the firm of solicitors representing Jennings.

The doubts concerning Rebecca's existence were outlined in a post on the Avocet Shareholders' Forum this week. 

The writer said: "“Rebecca” has been writing to a small (less than 50) group of shareholders - a group that appears to consist of people he [Frost] would like to annoy together with the last of his dwindling ‘true believers’. 

"The messages are a rehash of Frost’s past claims combined with renewed promises of great riches soon to come from the Delaware lawsuits. If you want to be credible as a person separate and distinct from Frost modify your writing style so that it does not consist of the same dense, rambling, run-on sentences containing inflammatory rhetoric and antipathy".

*Singapore Sling - The Singapore Sling, widely regarded as the national drink, was first created in 1915 by Raffles Hotel bartender Ngiam Tong Boon. Mix gin with cherry brandy, Benedictine, bitters, pineapple and lime juice to make this classic cocktail. Garnish with pineapple and a cherry. 

 

Exciting discoveries anticipated in 'Uncovering the Tweed'

by EWAN LAMB

The most expansive archaeological project ever to be undertaken in the Scottish Borders will encompass investigations into long abandoned tower houses, deserted medieval villages and enigmatic carved stones dating from prehistoric times to the Anglo-Saxon era.

Uncovering The Tweed (UtT) is a three-year programme to be jointly funded by National Lottery Heritage Fund Scotland, Historic Environment Scotland, and the Fallago Environment Fund. The investigations will be overseen by AOC Archaeology and Tweed Forum at an estimated cost of over £300,000.

With more than 15,000 registered entries in Scottish Borders Council's Historic Environment Record, the Tweed Basin is one of the richest regions for archaeology and built heritage in the whole country. But the archaeological potential remains largely untapped.

The forthcoming project is part of Destination Tweed, a multi-million pounds initiative aimed at raising the river's profile internationally and delivering new facilities to attract visitors such as a Tweed Trail from the source near Moffat to the sea at Berwick.

According to the published Project Design document: "The UtT project will maximise the value of LiDAR (Light Detecting and Ranging) technology for the investigation of the historic landscape. 

"It is intended that UtT will deliver a legacy for future generations by protecting and conserving the landscape, supporting connections between heritage groups and community organisations along the route and building a core of empowered volunteers, confident in identifying, investigating, and conserving the heritage of the project area into the future. We will ensure a tangible legacy for the project through the generation of new research that will feed directly into the presentation of the Tweed’s cultural heritage."

Mapping the Tweed will form the core of the Uncovering the Tweed project. Using aerial LiDAR data available for the project area, the archaeological mapping programme will aim to create new content that can be used to present and promote the archaeology of the Tweed Trail. 

Geophysical surveys will be conducted at key sites throughout the Tweed basin, again focusing on those locations closest to the proposed trail and those adjacent to areas typically accessed by walkers, cyclists and other visitors to the area.

UtT which will offer members of the public the chance to get involved in the programme, will also feature a series of so-called sub-projects including:

Crossing the Tweed: It will seek to explore and record crossing places of the Tweed river and associated tributaries. "Crossing points offer the opportunity to map communication routes through the landscape, and the ways these have changed through time in response to political, economic and environmental changes. Several of these may be extant bridges with older antecedents while other crossings may be traced through physical remains along the river, through historic mapping, or through LiDAR."

Towers of the Tweed:  This will involve studying tower house sites along the Tweed corridor. "Tower houses are an emblematic site type for the region defined as a fortified multi-floored dwelling constructed between 14th-17th centuries. These usually comprise several floors and often include a vaulted basement. 

"In the context of the turbulent and contested history of the Scottish Borders and Northumberland, tower houses played a key defensive role with thick stone walls, narrow winds and often a surrounding barmkin (defensive courtyard). Tower houses were likely not just defensive but had a significant role in social display of status and power." 

Carved in Stone  "Carved stones of Scotland and the North East of England have been considered a priority for research and a valuable archaeological resource in research frameworks for the areas. Examples can be found from almost every period, from prehistoric rock art to Anglo-Saxon stone sculpture and hogback stones to mile markers. These form tangible elements of the archaeological resource along the Tweed valley."

Deserted Medieval Villages "The Tweed basin contains some of the best evidence for medieval settlement in southern Scotland. Beyond the well-known abbey towns of Melrose and Kelso, there are numerous deserted villages and smaller settlements, the remnants of communities which never grew into larger towns. Several are associated with chapels or small kirks, but few have been the subject of coordinated archaeological investigation."

Prehistoric Lives "This sub-project encompasses a broad period of time and a wide range of site types and evidence. From the Upper Paleolithic to the late Iron Age, there is evidence of prehistoric people living along the Tweed valley. Some of the earliest prehistoric evidence for the area includes lithic scatter sites. 

"These include Scotland’s only Hamburgian settlement at Howden [near Biggar] representing nationally significant and rare evidence of Late Glacial (12,700-9,800 BC) activity. Lithic scatter sites also represent the later Mesolithic, Neolithic and Bronze Age periods and are known along the length of the Tweed valley. Some of these may represent settlements while others may be indicative of short-term occupation or craft working." 

Industrial Tweed "This sub-project explores the rich industrial history of the Tweed valley, from early modern times to the 20th century, highlighting key industries and their impact on the region. Medieval watermills, used for grinding grain and other purposes, mark the earliest industrial activity in the Tweed valley. Remnants of these mills, such as foundations and mill races, provide insights into historical technology and economy." 

More revised business cases and delays for Tweedbank 'masterplan'

by OUR LOCAL GOVERNMENT EDITOR

The first phase of urgently needed affordable homes for rent on the Lowood Estate in the Central Borders will not now be built before 2029, more than ten years after the local council paid £10 million for the site to accommodate a 'strategic expansion' of Tweedbank village.

According to the latest Strategic Housing Investment Plan [SHIP] published by Scottish Borders Council the first phase of 30 units of social housing to be constructed for Eildon Housing Association will start in 2029/30 with completion 'to be programmed'.

The three-stage process is designed to deliver 75-100 affordable homes as part of a larger estimated 300-400 houses and other mixed development. Phases two and three are now merely classed as 'pipeline' projects with no firm dates attached. And so far, there has been no public announcement about private housebuilders agreeing to help develop the designated Lowood housing zones.

A SHIP report produced in 2020 regretted that the first phase of 30 affordable units would "not be completed until financial year 2024/25" with 25 more becoming available in 2025/26. Now, the latest delayed timetable will mean at least a further five year wait before the first tenancies are allocated.

Earlier this year, council officers reported that the average number of bids per available social rented property in the Borders had doubled in the last five years from 17 to 34.

They commented: "With high demand, waiting times and higher numbers of homeless presentations, the social rented supply may not be performing as efficiently as it could. It remains challenging to deliver new build social rented stock at the necessary volumes".

It was back in 2019 that councillors approved the full business case for the Central Borders Business Park programme of works and wider Tweedbank expansion. And in 2021, Supplementary Planning Guidance set out the council's vision for the site.

But critics have claimed the controversial purchase of Lowood in 2018 did not represent value for money. They warned the local authority would require substantial external expenditure to meet the multi-million pound bill for infrastructure costs, and there was no guarantee major housebuilders would invest in the area due to a sluggish housing market.

Tweedbank is one of three so-called strategic housing sites which could benefit from grants from the Edinburgh & South-east Scotland City Region Deal. But before any money could be released, a further business case will be needed to convince those holding the purse strings.

Members of the City Deal joint committee were told in September 2023 that the Tweedbank housing business case would be available in winter 2023/spring 2024. But the latest committee meeting heard that date has now been rescheduled for "summer 2025". 

The committee was told in a recent report by Marjory Mackie, chair of the Deal's Housing Partners Group: "At the beginning of the year, the Scottish Government announced a budget cut of around £200 million from the national affordable housing programme budget. There is also limited availability of charitable bonds for the year ahead.

"The region’s six Local Authorities have experienced around a 24% cut to their individuals affordable housing programme budgets/Resource Planning Assumptions (RPAs) which is a total reduction of nearly £34 million. When compared with what could be delivered without the funding cut the region estimates that this year’s affordable housing approvals will be down by just over 640 homes and site starts will be down by nearly 420 homes and completions similar. This will have serious implications for future completions across affordable housing and housing of all tenures."

The newly published Borders housing investment programme explains: "While the SHIP sets out a potential pipeline over the next five years, it should be noted that delivery of 1,050 new homes is very ambitious and would require significant investment, including a substantial increase to our annual Affordable Housing Supply Programme (AHSP) allocation."

A more realistic figure would be 455, or around 90-100 new affordable homes per year. This is below the Borders affordable housing supply target of 141 per year up to the end of March 2028.

A seasoned observer of Borders local government said: "It is clear nothing of significance has moved forward on the Lowood estate since its purchase 6 years ago. Given the delays with the proposed housing programme, perhaps the SHIP report should be re-named SLIP".

We asked the City Deal for information about delays to the production of the Tweedbank housing business case, who was carrying out the work and why further work of this kind was necessary.

In reply, we were provided with this statement: "To enable our development of the Final Business Case, we are progressing with the preparation of a development plan (for homes, business and community space) which will inform revised costings, delivery approach and phasing of the next stages of development. 

"This work began over the summer and the initial phase is due to conclude in February with market testing and pursuit/ securing of financing/ funding to follow. The Phase Two extension of the office building at the Borders Innovation Park is in development with a programmed construction start in September 2025 (may come forward). We've also agreed an action to begin actively marketing business opportunities at Tweedbank/ Lowood with South of Scotland Enterprise (SOSE) through the Invest in South of Scotland platform."

 

Berwickshire family to fight on after judge orders them to vacate farm

by OUR COURT REPORTER

A Borders family who claim to have been defrauded of millions of pounds after their property was 'stolen' by bankrupt businessman Martin Frost will appeal a judgment ordering them to leave the farms they have worked for 60 years.

The Orrs, of Sunwick Farm in Berwickshire have failed in a bid to overturn a sheriff court decree in favour of UK Agricultural Lending Ltd. [UKALL] a finance company owed £3.25 million after Sunwick and Harcarse Hill farms were used as standard security for a loan.

It has been alleged the cash was used by Mr Frost to fund the failed Avocet Group of Companies, and that he defrauded the occupants of Sunwick after marrying one of the family, Janet Orr. Avocet shareholders have since complained to Police Scotland that Mr Frost had misappropriated their investments for his own use.

In a Court of Session judgment, Lord Braid has upheld the original plea by UKALL for possession of Sunwick while rejecting the case advanced by Alexander Orr and his mother Aileen that Alexander held a valid lease for the farm.

But Aileen Orr, a member of Scottish Borders Council who represented the family in court, told us this was not the end of the road, and there would be an appeal "based on fresh evidence".

Lord Braid states: "This commercial action arises out of a series of transactions which the pursuers (the Orrs) aver were part of an allegedly fraudulent scheme orchestrated by one Martin Frank Frost against them and the wider Orr family culminating in the theft (as the pursuers would have it) and imminent loss of the family farm which they have farmed for over 60 years."

The original decree, granted to UKALL in Jedburgh Sheriff Court in 2022 followed an action brought by it against Orrdone Farms Ltd (in administration) (previously known as Avocet Agriculture Ltd). That decree, it appears required Orrdone Farms Ltd, and its sub-tenants, dependants and others deriving a right to occupy the premises from it, to remove from Sunwick Farm and Greenwood Farm.

"The farm is occupied not by Orrdone Farms Ltd but by the pursuers, who also seek interdict preventing the defender from removing them from the farm, on the strength of averments that Alexander Orr is the lawful tenant of the farm by virtue of a lease granted in his favour dated 20 September 2016.

"The defender maintains that the lease is a sham and has either been fabricated so as to delay the pursuers’ removal, or at any rate, was never intended by either party to it to have legal effect; failing which, that despite the use of the term “lease”, it is not a lease under Scots law; and moreover, that it was entered into in bad faith."

According to Lord Braid, Mr Frost introduced himself to the Orr family in about 2012 having been aware of litigation in which they had been involved. He offered to help them. 

"He subsequently became romantically involved with the sister of Duncan Orr Senior and Andrew Orr (the now-deceased husband of Aileen Orr, and father of Alexander), Janet Orr, whom he married. At some stage he established a business under the “Avocet” banner, the precise nature of which remained unclear on the evidence, but involved innovative fuel technology for which Mr Frost claimed to hold valuable intellectual property rights. The precise extent to which the Orrs had a financial interest in that business is unclear. "

In November 2015, at the instigation of Mr Frost, a the family purchased Harcarse Hill, a small farm 'but one with a very desirable farmhouse, for the use/residence of Mr Frost and his Avocet business', at a price of £1.2 million. 

The loan to pay for Harcarse Hill was later re-financed by UKALL. The arrangement was changed to facilitate a £3.25 million loan to Avocet Agriculture, a company controlled by Mr Frost  The Orrs maintain they were unaware of the true position.

Lord Braid's judgment reveals that UKALL has raised actions for payment against Duncan Orr Senior, Duncan Orr Junior, Alexander Orr and John Orr, founding on the guarantees granted by those individuals in respect of the loan to Avocet Agriculture Ltd. But those actions are all defended on the grounds that the guarantees were fraudulently obtained, and are presently due to proceed to proof in April 2025. 

The Orrs claimed that the purported signatures of Andrew Orr and Duncan Orr Senior on the original standard securities were forged, and that the loan was not received by Hamilton Orr Ltd., a company with family connections.

But the judgment concluded there was insufficient evidence that the Orr signatures were forged

"There are aspects of the transaction which raise suspicions (as does the subsequent name change of Avocet Agriculture Ltd to Orrdone Farms Ltd, signifying, as it does, that the Orrs have been 'done'; but that in itself is an insufficient basis upon which to find that a fraud was committed - it may simply indicate that they agreed to a poor bargain). 

"However, I am unable, on the evidence, to conclude that the transfer of the property to Avocet Agriculture Ltd was a fraud perpetrated on the Orrs by Mr Frost. The fact is that the circumstances do not come close to establishing that substantial justice requires the sheriff court decree to be reduced; they point in the other direction - that justice requires the decree to remain intact and enforceable".

The judge said Mrs Orr indicated that in the event the family members were unsuccessful they would wish to stay on the farm until the police investigation was completed. 

"That would not be appropriate but I will be sympathetic to a motion that the pursuers be afforded a reasonable period to make an orderly removal from the farm and to make arrangements for their livestock to be moved elsewhere."

A defiant Aileen Orr said: "There will be an appeal. The farming community will be thinking Sunwick is for sale now. It isn't".