| Dear Mr MacMillan, We enclose our letter of 13th August 2010 and have not yet received a response. If your intention is not to provide a substantive response to the letter, perhaps you would let us know. If you require further time to respond, again please let us know. Our client has indicated that he has no intention of leaving the matter, but he is prepared to allow you the opportunity of responding. We have set out the five requirements of our client for your consideration and we look forward, therefore, to hearing from you by return. Yours sincerely, DAVID McKIE DMCK.MGF.MAC107-2 111 LP – 2, Glasgow 1 dmckie@lemac.co.uk 13th August 2010 RECORDED DELIVERY Calum Mac Millan Torranais 7 Bornish Isle of South Uist HS8 5SA Dear Mr Mac Millan ANGUS MAC MILLAN We are instructed by Angus Mac Millan. On 3rd August 2010, you wrote a letter to Mr Mac Millan, as well as to the Directors and Funders of the South Uist Estate and to “regulating organisations”. Within the body of that letter, you stated – “Why is it that you have chosen to act in a manner which is not in the best interests of the estate, to the extent that the estate’s turbine scheme is being put at risk and if the reason for this is your own wind turbine schemes at Bornish and Snishval, as per my conversation with Mr Bill Christie, the financier in Glasgow? In the event that the estate takes possession of the grid connection capacity required to progress the Loch Carnan scheme and I return the remaining grid capacity, then it would be mean your schemes would not get connected. Trying to prevent the estate from achieving grid connection capacity and depriving me of my grid connection, would allow your schemes to progress. This would mean that you are seeking personal gain from your elected position. The proposals for Bornish and Shishval would explain why the lochdar scheme is designed to fail, where over 50 separate agreements have to be concluded in parallel. It is necessary to have these questions raised for clarification, because your refusal to meet with myself and Alec Morrison needs to be explained, so that a clear and truthful reason can be given. 2 I have taken the decision to copy this letter to your fellow Directors to ensure that the questions raised are answered and that all the issues are addressed. The letter will be circulated to all funding bodies and regulating organisations as appropriate.” The natural and ordinary meaning of your letter takes the form of an accusation that our client is using his position as Chairperson of South Uist Estate to advance and profit from a commercial project to the detriment of the interests of the Estate. Our client is the elected Chairman of the South Uist Estate, which is voluntary and non executive. Our client has never discussed a personal wind farm development to any body and has no proposals to advance his wind farm project on the South Uist Estate. Rather than speaking privately to our client to clarify these issues, you chose instead to make unfounded accusations and disseminate those accusations to third parties. The effect of so doing is to have defamed our client. The allegations are false, without substance or foundation. In the circumstances, our client therefore requires you to do the following:- - To identify to him all parties to whom you circulated both the letter quoted above and your other letter of 3rd August 2010 headed to the Directors and Funders of the South Uist Estate, and to regulating organisations.
- To write a letter of retraction to each of these bodies, in a form to be agreed with us, on behalf of our client.
- To write a personal letter of apology to our client, withdrawing the allegations together with a withdrawal of the allegations made.
- To put forward your proposals for compensation for the damage caused to our client’s reputation by virtue of your defamatory letter.
- To put forward to meet our client’s reasonable legal costs.
If you are in any doubt about the meaning of this letter, we recommend that you take independent legal advice. Yours sincerely DAVID McKIE What is LegalNetLink? - http://www.legalnetlink.net/animation/
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