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.

Shell says that the claim is being vigorously defended. An old refrain heard in respect of each of the previous three legal actions, before Shell settled them in DM’s favour.

I also note Shell’s preposterous assertion that Shell UK colleagues have acted in line with Shell’s Business Principles at all times. Please check the documentary evidence on DM’s website (www.don-marketing.com) and draw your own conclusion. I am currently having colour copies printed of the unsolicited letter of apology my son received from Dr Fay following the successful mediation of claims two and three. I will be circulating them at Shell HQ offices next week. In his letter, Dr Fay admits that Shell did not meet the high standards it sets itself. DM was also given formal apologies by Mr Richard Wiseman on behalf of the board of Shell UK for the way the company had been treated. His apology was made in the presence of several witnesses. The conclusion reached by the mediators after they had interviewed Shell’s star witness, Mr AJL, speaks absolute volumes. The principal mediator said that they had concluded that: “Mr AJL had p****d on Don Marketing from a very great height”. Again, this was said in the presence of several witnesses.

Incidentally, Shell’s press statement is now the subject of a libel action brought against Shell UK by my son, John Donovan. Shell attempted to have the libel action struck off. Mr Justice Eady dismissed Shell’s application with costs on 27th July 1998. I will be seeking advice on whether Shell has libelled me by displaying a poster that contains false information. The last time that I brought a libel action against Shell, in 1995, DM received a £125,000 consideration from Shell paid partly to cease the action.

ALFRED DONOVAN – RETIRED DIRECTOR OF DON MARKETING (Tel: 0411 526 769)

ENDS