LEAFLETS BEING HANDED TO STAFF OUTSIDE SHELL CENTRE
YOU MAY BE HANDED A LEAFLET OUTSIDE SHELL CENTRE BY MR ALFRED DONOVAN, FORMALLY OF A COMPANY CALLED DON MARKETING UK LIMITED.
YOU SHOULD BE AWARE THAT JOHN DONOVAN, A DIRECTOR OF DON MARKETING UK LIMITED, MR ALFRED DONOVAN’S SON, HAS ISSUED A WRIT AGAINST SHELL UK CLAIMING THAT HIS COMPANY INVENTED THE SMART LOYALTY CARD PROGRAMME.
MR DONOVAN’S ALLEGATIONS HAVE BEEN VERY CAREFULLY INVESTIGATED BY SHELL UK AND DISCUSSED IN DETAIL WITH MR DONOVAN AND HIS SOLICITORS. THE CLAIM IS BEING VIGOROUSLY DEFENDED.
AS SOME OF YOU MAY KNOW, MR DONOVAN HAS MADE SOME OFFENSIVE STATEMENTS ABOUT SHELL UK COLLEAGUES. WE REJECT SUCH ALLEGATIONS ABSOLUTELY AND ARE WHOLLY CONFIDENT THAT OUR COLLEAGUES HAVE ACTED IN THIS MATTER AT ALL TIMES IN GOOD FAITH AND IN LINE WITH OUR LONG-STANDING BUSINESS PRINCIPLES.
23RD SEPTEMBER 1998
PXX COMMUNICATIONS
REPLY FROM ALFRED DONOVAN IN THE FORM OF A LEAFLET HANDED OUT AT SHELL CENTRE THE FOLLOWING DAY.
(Edited 16 Sept 2021 to remove the name of a Shell executive and replace with the initials AJL)
MY RESPONSE
TO THE NOTICE PUBLISHED BY SHELL ON 23rd SEPTEMBER 1998
My attention has been drawn to the posters put on display yesterday by Shell.
Shell says that its lawyers have very carefully investigated the SMART claim brought by Don Marketing (DM). This was the line taken by Shell in a press statement they issued In April 1998. Shell’s lawyers were subsequently forced to admit in writing (on 5th May) that in fact, they had not interviewed all of the witnesses, had not assembled all of the evidence, and had not even bothered to obtain Counsels Opinion. In contrast, DM obtained two independent expert opinions, including one from Professor Steve Worthington – probably the worlds leading expert on loyalty card schemes. Both experts concluded that Don Marketing’s proposal to Shell UK laid the foundation stones for the SMART multipartner scheme. Both reports were supplied to Shell. DM also supplied an opinion from Dr Mary Vitoria QC who has concluded that Don Marketing has a strongly arguable claim, with good prospects of success.