RICHARD WISEMAN, RETIRED ROYAL DUTCH SHELL PLC CHIEF ETHICS AND COMPLIANCE OFFICER. FORMERLY LEGAL DIRECTOR OF SHELL UK LIMITED. MR WISEMAN DEALT WITH THE JOHN DONOVAN/ DON MARKETING vs. SHELL LITIGATION ON BEHALF OF SHELL. 

 

 

 

THREATS AND INTIMIDATION BY SHELL DURING PERIOD WISEMAN IN CHARGE OF SHELL UK DEFENCE

Threatening letter from Shell U.K. Managing Director, David Varney (Copied to David Pirret - now a Vice President of Shell International Limited: 21 October 1994

Letter from Shell solicitors DJ Freeman (AKA Kendall Freeman) challenging John Donovan to substantiate allegations about "Shell UK and its lawyers" having "bombarded my company and my family with threats over the years (verbally and in writing."  : 21 May 1998

Response letter from John Donovan substantiating the threats made by Shell and its employees/agents upto May 1998: 25 May 1998

Mark Moody-Stuart, Chairman and Managing Director, The "Shell" Transport and Trading Company, p.l.c. issues threat on behalf of Shell UK Ltd: 9 April 1998

 

 

1ST EXAMPLE OF SHELL INTENT TO PREVENT EMBARRASSING INFORMATION FROM REACHING SHAREHOLDERS

Flawed Shell Make Money Game

Mackrell Turner letter to Royds solictors acting for John Donovan/Don Marketing: 18 May 1994

 

 

2ND EXAMPLE OF SHELL INTENT TO PREVENT EMBARRASSING INFORMATION FROM REACHING SHAREHOLDERS

Shell Funding Deed signed by Shell managing director David Varney (now Sir David Varney): 6 July 1995

 

 

 

3RD EXAMPLE OF SHELL INTENT TO PREVENT EMBARRASSING INFORMATION FROM REACHING SHAREHOLDERS

High level April 1998 correspondence with Shell involving Richard Wiseman (see letter from Jyoti Munsiff - 6 April 1998

Letter from John Donovan to Shell Chairman Mark Moody-Stuart:1 April 1998

Reply letter on behalf of Moody-Stuart from Jyoti Munsiff, Company Secretary, Shell Transport and Trading Company plc: 6 April 1998

Reply letter from Mark Moody-Stuart, Chairman and Managing Director, Shell Transport & Trading Co Plc: 6 April 1998

Reply letter from John Donovan to Mark Moody-Stuart: 14 April 1998

"Yet you are not prepared for the same information to be supplied, even on a confidential basis, to the people who actually own the company - your shareholders. Your decision to keep company members in the dark speaks absolute volumes. So much for the core principle of “openness”. When it comes to the crunch, covering-up a catalogue of misdeeds by Shell managers, despite incontrovertible evidence of flagrant breaches of the principles of honesty and integrity, apparently takes priority."

Link to "Unloveable Shell, the goddess of oil" Guardian article mentioned in the correspondence (takes time to load but well worth the wait)

Extract from response letter sent to The Guardian by Mark Moody-Stuart

 

 

UNDERCOVER ACTIVITY AGAINST THE DONOVAN'S IN THE PERIOD WISEMAN IN CHARGE OF DEFENCE CASE

A number of sinister characters suddenly came on the scene in a short period of time, including an American gentleman who arrived from overseas and tracked down and interviewed our key witnesses, falsely claiming to be a journalist for The European newspaper. Another undercover agent under the name of Christopher Phillips had been caught red-handed illegally opening private mail at our offices. The homes of our solicitor, a key witness and our own home were all burglarised in the run up to the Smart Trial and related documents examined. Shell denied any association with the burglaries and the intimidation of our witnesses.

Copies of a selection of relevant self-explanatory correspondence published below.

Letter to John Donovan from Shell solicitors, DJ Freeman: 16 June 1998

John Donovan letter to Richard Wiseman: 23 June 1998

Richard Wiseman letter to John Donovan: 24 June 1998

Richard Wiseman letter to John Donovan: 1 July 1998

Letter to John Donovan from Shell solicitors DJ Freeman: 3 July 1998

If, nevertheless, the police wish to obtain any further information from my clients or from anyone involved in enquiries on their behalf, including Mr Phillips, then, as has been said on several previous occasions, the fullest of co-operation will be given.

Letter from Richard Wiseman to John Donovan: 9 July 1998

The activities of Mr Phillips have, of course, been admitted.

John Donovan letter to Office for Supervising of Solicitors: 10 July 1998

Letter to John Donovan from Shell solicitors DJ Freeman: 11 August 1998(confirms internal investigation by Shell)

Letter to John Donovan from Shell solicitors DJ Freeman: 26 October 1998 (Confirms an internal investigation by Shell)

AS A SEPARATE ARTICLE

 

 

DEFENDING THE COMPANY'S GOOD NAME AND REPUTATION: Richard Wiseman article in OPDirect Magazine: November 1998

 

FUEL FOR THOUGHT

DEFENDING THE COMPANY'S GOOD NAME AND REPUTATION

There has recently been some publicity surrounding a writ issued against Shell UK by Mr John Donovan, director of a company called Don Marketing, who claims that his company invented the SMART loyalty programme and that he or his company should be compensated for its use. Shell UK is strongly defending the claim, having carefully investigated and discussed it with Mr Donovan and his solicitors. Mr Donovan has been making a number of unpleasant allegations in public and in the press, and has been handing out leaflets to staff.

Shell UK Legal director Richard Wiseman explains.

Mr Donovan and his companies have made several claims against Shell in the past. For good economic reasons, these cases were settled before they reached court. At that time, both parties agreed that there should be no further public debate about these matters - an obligation which Shell UK has consistently honoured, but which Mr Donovan has not.

However, we feel that the current case cannot be concluded satisfactorily except by allowing it to go all the way to court. We are vigorously defending the writ Mr Donovan has issued about SMART, and counterclaiming against him for failing to honour his previous agreement. We expect the case to go to court next year.

NEXT 18 LINES REDACTED BY SHELL

Shell UK could as the courts for an injunction to prevent Mr Donovan and his father from making any further unpleasant allegations.

NEXT THREE LINES PARTLY REDACTED

But with Mr Donovan already alleging that we may have taken all sorts of measures to try to keep give him an opportunity to try to present himself as a 'David' fighting a 'Goliath'.

In general, most companies like ours can see only too well that libel proceedings may attract far more publicity than the original allegations ever had or would be likely to have. An example is the recent "McLibel" case which tied up McDonald's for years. Any case we brought would not necessarily be the same, but it can be a major business diversion for no real gain to the company. And people don't always remember who won.

One of our colleagues who has been smeared by Mr Donovan’s assertions

NEXT TWO LINES PARTLY REDACTED

who has since moved on to another job with Shell. The hurtful allegations being made against Andrew in public leave him in a difficult position. Shell UK is satisfied that he has done nothing wrong, either in relation to this claim or any previous claims. We are confident that he has acted properly throughout.

Me John Donovan is one of a number of people who from time to time have approached us to suggest marketing concepts. Generic concepts in marketing are often quite common and not original in themselves. The basic concept for the SMART scheme had already been around for some time before Mr Donovan approached us. Where a scheme actually developed may seem to some resemblance to unsolicited material from third parties, allegations of this sort can be complicated to refute.

However, I am satisfied that the SMART scheme was developed entirely independently of Mr Donovan, and we believe this will become clear when the case goes to court.

IN BOX DISPLAYED IN MIDDLE OFARTICLE:

“WE ARE VIGOROUSLY DEFENDING THE WRIT MR DONOVAN HAS ISSUED ABOUT SMART AND COUNTERCLAIMING AGAINST HIM FOR FAILING TO HONOUR HIS PREVIOUS AGREEMENT. WE EXPECT THE CASE TO GO TO COURT NEXT YEAR."

Statement Issued by Shell U.K. Public Affairs UKCM and Legal UKLG: DON MARKETING: THE FACTS: November 1998

DON MARKETING: THE FACTS

There has been some leafleting of staff at Shell headquarters buildings in connection with a writ issued against Shell UK by Mr John Donovan, director of a company called Don Marketing. Mr Donovan has been making a number of unpleasant allegations in his leaflets and in the press. This fact sheet explains the background for staff.

Mr Donovan claims that his company invented the SMART loyalty programme and that he or his company should be compensated for its use. Shell UK is strongly defending the claim, having carefully investigated and discussed it with Mr Donovan and his solicitors.

Mr Donovan and his companies have made several claims against Shell in the past. For good economic reasons, these cases were settled before they reached court. At that time, both parties agreed that there should be
no further public debate about these matters, an obligation which Shell UK has consistently honoured, but which Mr Donovan has not.

Shell UK believes however that the current case cannot be concluded satisfactorily except by allowing it to proceed to court. We are vigorously defending the writ Mr Donovan has issued about SMART, and counter claiming against him for failing to honour his previous agreement. We expect the case to go to court next year.

(THE NEXT 7 LINES OF PRINT AND MOST OF THE EIGHTH LINE ARE REDACTED)

But with Mr Donovan already alleging that we have taken numerous measures to try to keep him quiet, we are aware that this could give him an opportunity to try to present himself as a 'David' fighting a 'Goliath'.

In general, companies know that libel proceedings may attract far more publicity than the original allegations had or would be likely to have. An example is the recent "Mclibel" case which tied up McDonalds for years.

Any case we brought would not necessarily be the same, but it can be a major business diversion for no real gain to the company, and people don't always remember who won.

One of our colleagues who has been smeared by Mr Donovan's assertions is INFORMATION REDACTED PARTLY FROM TWO LINES who still works for Shell UK. We are satisfied that Andrew has done nothing wrong, either in relation to this claim or any previous claims. We are confident that he has acted properly throughout.

Mr John Donovan is one of a number of people who from time to time hove approached us to suggest marketing concepts. Generic concepts in marketing are often quite common and not original in themselves. The basic concept for the SMART scheme had already been around for some time before Mr Donovan approached us.

We are satisfied that the SMART scheme was developed entirely independently of Mr Donovan. We believe this will become clear when the case goes to court.

Shell U.K. Limited Public Affairs UKCM and Legal UKLG November 1998

Both items, the article by Wiseman and the Statement issued by his department were supplied to us following a SAR application to Shell under the Data Protection Act. Shell censored the content. Both items should have been supplied to us by Shell as part of the discovery process. They were unlawfully withheld from us and the Judge.

 

 

THE SMART TRIAL: AMBUSH, DECEPTION, ENTRAPMENT AND CONFLICT OF INTEREST

WITNESS STATEMENT OF SHELL UK LEGAL DIRECTOR: RICHARD MAX WISEMAN (Currently Chief Ethics and Compliance Officer, Royal Dutch Shell Plc): 13 April 1999

Report of Dr Audrey Giles, The Giles Document Laboratory: 28 June 1999

Judges Comments: Comments made in Open Court by Mr Justice Laddie: 6 July 1999

(Marketing Week article quoted in comments)

Clear from comments that Judge was hopelessly biased

Shell withheld the true terms of settlement from the Judge.

This is confirmed in an email sent to me by Mr. Wiseman on 17 June 1998

The first email at the top of a related email string. Please read them all.

As can be seen, at the time of making the above comments, the Judge was totally unaware that Shell had paid my legal fees and that I had received a secret payment.

The Judge thought I had surrendered when in fact it was the other way round.

Email correspondence with Peter Smith, Clerk to Mr Justice Laddie: November 2002

Email correspondence with Mark Platt-Mills QC (copied to Richard Wiseman): 30 January 2003

Email from Richard Wiseman confirming that settlement terms had been withheld from the Judge: 17 June 2008

 

 

Assorted

Andrew Lazenby handwritten note recording plan to "Keep rejects holding as long as poss.": 23 October 1992

Andrew Lazenby Letter to companies he had already decided to reject. Marked "Confidential" to keep them within terms of a Shell confidentially agreement imposed on them. Seeks information under false pretences. Designed to keep them holding even though they had already been rejected as runners in the tender: 27 October 1992

Extracts from taped telephone conversations with Shell National Promotions Manager, Andrew Lazenby 92/94

Andrew Lazenby Email to Shell senior managers, Darren Messem (by 2007 a Royal Dutch Shell Vice President), David Watson, Frank Leggatt and Shell Retail Director, Ian Sutcliffe,: 4 November 1993

Tim Hannagan Email to Shell managers David Watson, Andrew Lazenby, Andrew Blazye (later a Global General Manager for a Shell division), Charlie Fox and J Freeman: 11 November 1993

NB: To answer your last point: My note of 25/10 is the official position, my note of 9/9 expressed a personal and pragmatic view of how to handle the problem' it is in fact illegal and is certainly unofficial, and if we were discovered then we will enforce the official legal position - which is that all volume must currently be rewarded with promotional points.
Cheers, Andrew
x3474

Andrew Lazenby transfers to offshore bank in May and June 1994

Andrew Lazenby records intent to "Set up personal business while @Shell 35 yrs = exit date": diary entry 25 July 1994

Andrew Lazenby records why he is a disgruntled Shell employee: diary extract 12 October 1994

("Past year PDP. Not enough credit for Hercules; Not enough credit for Christmas; handling of agencies; Opportunities/Solving problems") Diary littered with references to "Don Mhtg" as is evident from 12 October 1994 entries.

Threatening letter to John Donovan from Shell U.K. Managing Director David Varney: 21 October 1994

Correspondence with Shell solicitors Mackrell Turner Garrett: August 1995

We have no wish for Mr. Donovan to write to the ASA

Letter to Alfred Donovan from Jyoti Munsiff enclosing transcript of AGM public discussion between Alfred Donovan and John Jennings, Chairman Shell Transport & Trading Company PLC: 19 September 1995

Apology letter to John Donovan received from Dr Chris Fay, Chairman & Chief Executive, Shell UK Limited: 21 October 1996

Correspondence with Richard Wiseman confirming Shell senior executives, including Cor Herstroter, John Jennings, Mark Moody-Stuart, Chris Fay and all directors of Shell UK and Shell Transport were kept informed by Wiseman: April/May 1997

28 April 1997

14 May 1997

4 February 1998

Combined 28April/14May97 + 4Feb98 Wiseman Correspondence

John Donovan correspondence with Richard Wiseman (includes apology letter from Shell UK Chairman/Chief Executive, Dr Chris Fay): 20/21 May 1997

(Extract from Wiseman email: "The moral obligation which we have referred to in the past and in relation to which we said that the slate was wiped clean arose out of the termination of the Company's long standing relationship with you; not out of any particular claim. Accordingly, we feet that the slate remains wiped clean.")

Alfred Donovan letter to Sir Peter Holmes: 23 April 1998

Statement issued by Shell UK Limited: "Note Re: MR JOHN DONOVAN AND SMART: 14 April 1998

Letter from Shell solicitors DJ Freeman to Donovan solicitors Royds: 15 April 1998

Letter from Shell Solicitors DJ Freeman to John Donovan: 17 April 1998

Statement issued by Shell UK Media Relations headed "MR JOHN DONOVAN": 21 April 1998

(In April 1994 Shell UK paid Mr Donovan for a contribution to one forecourt promotion (called 'Make Money'), after it was established that he had some rights in respect of the development of the concept.)

Correspondence with Shell Chairman Mark Moody-Stuart in relation to The Guardian Newspaper, with Shell solicitors D J Freeman replying on his behalf: 14 September 1998

(During a meeting at Shell-Mex House on 10 September 1998 between an investigative journalist Simon Rines on behalf of the Guardian and Mr Richard Wiseman and Colin Joseph representing Shell, Mr Wiseman acted in material breach of the Funding Deed by handing Mr Rines a document containing details of the Funding Deed. Both sides tape-recorded the entire interview. Mr Rines retains a copy of his tape recording to this day.)

Leaflet distributed at Shell Mex House Sept/Oct 1998: WARNING DO NOT TRUST SHELL UK: Sept/October 1998

Shell Ethics Survey results mentioned in the leaflet, includes Marketing Week announcement: 24 September 1998

Alfred Donovan Correspondence with Shell UK Chairman and Managing Director, Malcolm Brinded: 18/27 January 1999

(Brinded confirmed: "I am familiar with the litigation relating to SMART and the background to this matter.")

Alfred Donovan correspondence with Maarten van den Bergh, President Royal Dutch Petroleum: 27/29 January 1999

Alfred Donovan correspondence with DJ Freeman Solicitors acting for Shell: 23/28 April 1999

(DJ Freeman threatening an injunction to prevent release of incriminating evidence to directors of Shell Transport)

John Donovan letter to Malcolm Brinded, Country Chairman, Shell UK Limited: 19 May 1999

Information sent to the Chairman of Shell Transport/ Group Chairman of Royal Dutch Shell, Mr Mark Moody-Stuart: 21 May 1999

(Mentions correspondence between Judy Moody-Stuart and Alfred Donovan initiated by her)

Alfred Donovan correspondence with Malcolm Brinded, UK Country Chairman, Shell UK Limited: 5/8 June 1999

WITNESS STATEMENT OF MIKE McMAHON 19 April 1999 supplied to Moody-Stuart and all directors of Shell Transport, also to Brinded and all directors of Shell UK Limited

WITNESS STATEMENT OF JOHN ARMSTRONG-HOLMES 19 April 1998 supplied to Moody-Stuart and all directors of Shell Transport, also to Brinded and all directors of Shell UK Limited

Armstrong-Holmes (currently Chairman of Notts County Football Club) gave evidence at the trial.

Cross Examination of John Donovan: 18 June 1999

Entrapment, fraud, deception, ambush.

Andrew Lazenby Shell Manager Witness Statement

Extract from cross examination of Roger Sotherton: 21 June 1999

Court room discussion between Mr Justice Laddie and Geoffrey Cox: 22 June 1999

("ambush" "dreadful trial")

Observations Mr Justice Laddie transcript pages 63/64: 22 June 1999

(...disappointed to see this trial continuing on Monday...)

Open correspondence settlement offer discussed by Justice Laddie and Geoffrey Hobbs QC: pages 4/5 of transcript: 29 June 1999

Settlement offer letter from Shell solicitors DJ Freeman to Alfred Donovan: 25 June 1999

Related correspondence between Shell solicitors DJ Freeman and Alfred Donovan: 25 June to 28 June

(confirms Donovan rejected Shell initial settlement offer and that Judy Moody-Stuart correspondence with Alfred Donovan was handed over to Mr Justice Laddie)

Extract from cross examination of Shell senior manager Frank Leggatt (pages 35 to 38): 29 June 1999

Extract from cross examination of Andrew Lazenby, pages 89 to 96: 1 July 1999

(Lazenby caught lying in relation to Armstrong-Holmes proposal)

Andrew Lazenby Cross Examination by Geoffrey Cox: Trial transcript pages 173 to 176 inclusive: 1 July 1999

(recollections dimly stirring of Sainsbury letter and Concept 4)

Andrew Lazenby cross examination covering his "close" relationship with Option One: 2 July 1999

SELECTIVE EXTRACTS

JUDGE'S COMMENTS: As supplied by Smith Bernal Reporting Ltd Official Court Reporters: Tuesday, 6 July 1999

Fraudulent Practices at Shell condoned by Richard Wiseman and senior management

Emails from Richard Wiseman: 22 April 2004

John Donovan vs. Shell High Court Trial Index Page

Manuscript and Repudiation

Royal Dutch Shell/John Donovan DPA Index Page