Posts from ‘April, 1995’

Article added to our Online Archive

Marketing Week Magazine: Shell faces libel action as Don’s founder issues writ

21 April 1995

Alfred Donovan, a founder of sales promotion company Don Marketing and the Shell Corporate Conscience Pressure Group, has issued a writ against Shell UK claiming damages for libel.

This latest twist in the long-running legal wrangle between Don Marketing and Shell comes as the two companies prepare to meet in court over Don’s accusation that Shell used the agency’s ideas in a series of promotions without permission or payment (MW February 24 and March 31).

Among issues covered in the press release at the heart of this latest dispute was Shell’s application to the court for Don Marketing to provide £62,000 security for its costs in the event of Don losing the case. This was to ensure Don will pay Shell’s legal expenses.

The court ruled that Don should provide £10,000 as security to the end of the part of the legal process known as the “discovery stage”.

But Don also says that Shell’s press release amounted to an “unfounded personal attack” on Alfred Donovan, the father of John Donovan who is managing director of Don Marketing.

Shell says it stands by its press release, while Don promises to stage a demonstration at Shell’s AGM next month.

MARKETING WEEK 21 APRIL 1995

Link to Original Article…

http://www.shellnews.net/PDFs/MarketingWeek21April1995.pdf

Alfred Donovan, a founder of sales promotion company Don Marketing and the Shell Corporate Conscience Pressure Group, has issued a writ against Shell UK claiming damages for libel.

The legal dispute between Shell and Don Marketing over the origin of two promotions has become a public feud, with both sides adopting hardline positions.

Article being added to our Online Archive

Forecourt Trader: Shell speaks out over Don

April 1995

Shell has broken its vow of silence and issued a strongly-worded statement to defend itself against what it sees as “the growing number of untrue and often offensive allegations being made by Don Marketing”.

Shell is defending legal actions which allege that it wrongfully used two forecourt promotions devised by Don Marketing. Previously, the oil company has remained silent, preferring to “resolve the dispute in the courts which Shell believes is the proper forum for a commercial dispute”.

The statement claims that “the allegation is untrue. Don Marketing has no case and the legal actions are being strenuously defended”.  Mr Donovan has written to the directors of Shell UK and its parent companies, and plans to write to the company’s shareholders, the President of the Board of Trade and users of the Internet.

Don Marketing also alleges that it plans to produce a book, and has sent a questionnaire to Shell sites in the UK attempting to assemble negative views of Shell. Shell believes these actions are an attempt to sully its reputation with sensationalist allegations in the hope the company will be forced into settling false claims.”

Don Marketing has faxed Shell md David Varney giving him “seven days to retract certain defamatory claims within the statement after which,” said John Donovan, “we will issue libel proceedings”.  Shell’s response is steadfast: “What we said is true and accurate.”

Meanwhile Mr Donovan claims that 75 per cent of those who responded to the questionnaire thought Shell ‘unethical incompetent, greedy bathbuns’ against four per cent who chose to describe the company as ‘ethical, reasonable and efficient’.

FORECOURT TRADER APRIL 1995

Link to Original Article

http://www.shellnews.net/PDFs/ForecourtTraderApril1995.pdf

Update July 2008.

Shell settled all of the claims referred to above described as being “false claims”. Don Marketing also received a substantial financial package in respect of the libel proceedings which were issued after the ultimatum expired. Shell also paid all legal costs. 

Affidavit supplied by an independent solicitor (Gross & Co) verifying Shell Business Ethics Survey Results

Includes self-explanatory exhibit and written communications received from Shell dealers: April 1995

Extract from handwritten note from a Shell Licensee:

“I AM NOT AT ALL HAPPY WITH SHELL. I BELIEVE THE CURRENT REGIME IS TOTALLY IMMORAL”

Extract from a letter:

“The fickle nature and lack of honour within our negotiations were a shock to our selves coming from a large company as Shell obviously is.”

LINK TO AFFIDAVIT AND ASSOCIATED MATERIAL

http://www.shellnews.net/PDFs/GrossAffidavitApril1995.pdf

LINK TO SURVEY RESULTS AS PUBLISHED

http://www.shellnews.net/PDFs/ForecourtNewsShellShockadMay1995.pdf