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against Probond Marine Ltd.
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Introducing greener new generation Carson RIBs now being built with our strategic partners CTruk Marine at their state-of-the-art facilities in Colchester. Based on well proven Carson hull designs used by professionals in over 20 countries worldwide for nearly 4 decades, the all new hull structure for the road transportable 10 metre CR1000 wheelhouse RIB has been designed for modern infusion construction in accordance with the latest Bureau Veritas regulations using "Green" laminates to the latest IACS approved Sicomin InfuGreen Bio-Epoxy infusion resin and ArmaForm PET foam cores which are made of 100% recycled PET. This infused sandwich construction is lighter and stronger than traditional hand lay-up. The standard twin engine package is 2 x 300bhp Oxe diesel outboards. Other engines including inboards can be specified. Vitals: Loa: 10m x 3m beam with top speeds exceeding 50kts. (dependant on power). Tubes are mechanically fastened, radio frequency welded PU fabric with an outer protective skin also of PU for maximum abrasion resistance and longevity. A demonstrator is presently in build and will soon be available on the south coast. Open deck and other variants are also available.
CARSON - CTRUK – ALNMARITEC PRESS RELEASE July 2020
OUR STRATEGIC PARTNERS
Carson RIBs and CTruk are pleased to announce their recently formed partnership to build and market Carson RIBs. Globally renowned boat builders CTruk are expanding their production to produce a range of RIBs for commercial, military and leisure customers with designs ranging from 4.5m to 15m. Branded ‘Carson-CTruk’, the new RIBs are available in either vacuum infused composite or of aluminium construction.
CTruk’s global success in the offshore sector spanning several decades has been based on an innovative approach to design and build. It follows their quest for continuous improvement and for pioneering solutions tailored specifically to the challenges of its clients.
The infused composite hull RIBs are being built at CTruk’s 5-acre state of the art facilities in Colchester and the aluminium hull RIBs at CTruk’s sister company Alnmaritec. With their extensive facilities and highly skilled workforce CTruk have the capacity to build high volume numbers of RIBs to any size with completed vessels qualified to ISO 9001:2015 certification, IACS (Lloyds/BV etc.), MOD, CE certification or MCA Coding.
Carson RIBs which started in the early 1980s are highly respected and recognised for being innovative and fast heavy-duty boats. Occupying a niche sector in the market they are widely used in the commercial and military sectors in over twenty countries worldwide. With operations from the Arctic to the Antarctic, Carson’s have been used for diving, rescue, military, paramilitary, commercial & environmental operations, to name but a few with many leisure enthusiasts also enjoying the benefits of ownership.
Bringing the two brands together combines a wealth of experience with decades of proven pedigree offering customers a complete and seamless integrated service second to none.
Currently in build is a 10m Carson-Ctruk 1000 RIB that will be available on the South Coast for demonstration from Spring 2021.
IMPORTANT UPDATES REGARDING RECENT HIGH COURT CASE
Updated February 2021 from December 2020 posting
It has come to notice that Colin MacAndrew, MD of Probond Marine Ltd., who recently lost a High Court action against Carson (also see update for July 2020 below), and now at The Ultimate Boat Company (UBC) in Glasgow (registered in the Isle of Man by accountant Shane Mugan), has recently and recklessly made numerous new and knowingly false allegations and claims regarding designer Barry Carson, Carson RIBs/Marine and its products. He also named various innocent other parties that had absolutely no involvement in this matter. Having failed to attend the High Court trial he has now morphed into a keyboard warrior and found ‘courage’ to continue his failed arguments online. His claims and comments are defamatory, harassing, knowingly untrue and intended to mislead. His claims are vigorously denied and are proven fabricated and false. His unreasonable obsession is demonstrated yet again when this man MacAndrew, with a young family at home, spent his time late Xmas Eve and early Xmas morning 2020 tapping on his keyboard writing nonsense and posting baseless and vindictive comments on various websites. In addition since that outburst Carson has received two emails from MacAndrew that are considered threatening and harassing. He has demanded the removal of all posts and reports from Carson’s website and social media regarding the High Court case that MacAndrew/Probond lost when his case was struck out in its entirety at trial on 30 June 2020. While making knowingly false and misleading allegations and claims and now also threats against Carson, he has made no attempt to settle any of his admitted debts to Carson, let alone the substantial damages and costs awarded to Carson. It is unfortunate he has not better spent his time concentrating on finding the funds to pay his creditors and Carson’s damages claim than playing the keyboard warrior. Had he conducted his business affairs appropriately and paid Carson's fees as contracted he would not have found himself in this mess with a failed business and severely tarnished reputation. Having failed to comply with the terms of the contracts, a sensible offer to settle would have been a financially cheaper, more ethical and overall better business decision than the course of conduct he has taken.
Altogether this is a very unfortunate development. Considering its seriousness Carson is compelled to respond and disclose more background with documented facts. Inter alia:
1. MACANDREW of Probond Marine Ltd. publicly claims the contractual dispute with Carson never went to trial: FALSE. TRIAL WAS ON 30 JUNE 2020 in the High Court, London (Intellectual Property Enterprise Court or IPEC).
2. CONTRACTS: MacAndrew claims Barry Carson had been retired when he (MacAndrew) became involved with Carson RIBs. FALSE: Carson has never been retired and has always been involved in various design projects and or other interests. Carson had no need “to re-launch his own career” as claimed. Carson had many partnerships in the past including with several well known large companies and active others that were of no concern to MacAndrew. All were/are very successful with absolutely no acrimony or litigation whatsoever as he knowingly falsely claims. Even after several decades some of the company Direcors/Owners remain close friends with Carson. Unfortunately this was not the case with Probond Marine Ltd.. The contracts between Carson and Probond had worked well with good co-operation both sides for several years until Mugan got involved with Probond in January 2018. Within a week of him becoming involved with Probond a dispute broke out instigated by him. Inter alia he challenged Carson on the contracts. When Carson rejected his unreasonable demands he then wrote inter alia, questioning Carson’s boat design and other qualifications saying they were not genuine or up to industry standards (emails saved). Such allegations are arrogant and premature coming from someone just days into the trade and has yet to prove himself in this business. Following that it is fair to say matters worsened.
3. ADDITIONAL BACKGROUND: Carson has never before in over 40 years in this business (before MacAndrew was born and when Mugan was in junior school), come across any so shockingly unprofessional, unreasonable and arrogant individuals as MacAndrew and Mugan. It is even more shocking considering both are new and still green to this business with no credible background, little to no knowledge and no proven history in professional commercial boat design, building and marketing. In short they still yet have to prove themselves and make their mark. MacAndrew is a failed litigant. As Managing Director he failed to make a success of Probond that is now a failed boatbuilding company after just a few short years in business. He failed to make a success of Probond despite securing £115k of Scottish Government backed funding and having a good range of proven Carson RIB models from 4.2 – 10.5m available to him and a healthy order book when Carson left the partnership. Just two months before Carson departed, he/Probond had taken on substantially larger premises and was recruiting more staff to cope with increasing orders. Then Mugan got involved. Mugan, an accountant, contrary to his claims, has since proven to have failed to appropriately advise MacAndrew. As a claimed RIB race team leader he has failed to achieve what he set out to do in 2017/2018. He is a failed wannabe RIB record holder for seven world record titles. In early 2018 a post on UBC’s Facebook proclaimed UBC’s “Race team were finalising preparations to begin their attempt on seven Union Internationale Motornautique (UIM) endurance and ultra-endurance world records”. FALSE. His RIB race team has yet to race anything anywhere against other boats. He failed to attain any of the "ultra-endurance world records". He is also author of many bold, false and or failed claims, eg. as claimed on Facebook and LinkedIn: "Team Principal and Skipper of the UBC Racing Team (Part of the Ultimate Boat Company (UBC) Research, Innovation and Development Organisation). In collaboration with Suzuki Marine, our race team and race program accelerates our company's pioneering product and component development". FALSE. His team have never partaken in any RIB racing events. Referring to his company, UBC, he wrote: “this philosophy that has driven our company to its current position as one of the world’s most innovative high technology brands. . . . this relentless pace of innovation informs the wider organisation. From the development of the technically most advanced rigid inflatable boat in the world, the Interceptor. . . . We operate in the most demanding markets in the world where a sub optimal boat product can make the difference between winning and losing: between glory and failure”. FALSE. UBC has yet to produce anything of substance and is little or not at all known in the world of professional RIBs as claimed and or implied. Referring to UBC’s new RIB range (not Carson) he also claimed “The hull design and superstructure are patent protected”. FALSE. He has shown no evidence of any patents. On his UBC website he claims "129 boats completed" (see below). FALSE: Other than one new boat model, a Barracuda 7.5m demonstrator, few if any other of UBC’s new RIB range have been seen on the water, let alone "129 boats completed". He has repeatedly made FALSE claims regarding his dealings with Carson and failed to be honest about his involvement in these matters. There is no substance behind Mugan's words. They all amount to no more than misleading waffle.
4. CARSON was never an employee of Probond or UBC and had no exclusive contractual clauses whatsoever to restrict working with or be in partnership with any other boat builders/partners regarding any other projects. Contrary to MacAndrew’s new claims Carson had no contemporaneous dealings or partnerships with any other parties whatsoever to design/market any RIB designs the same as or similar to what Probond were licensed to build at the material time. MacAndrew was informed of certain other projects Carson was involved in aside from Probond. There was certainly no conflict of interest and some were offered to Probond to manufacture. Carson's new RIB designs and new partners he specifically referred to in his latest outbursts did not come into place until some considerable time after the Carson Probond partnership came to an end in January 2018. After that date new Carson design projects involved aluminium boats and substantially larger models that Probond were not involved in and or capable of building. When the contracts came to an end Carson was not obliged to any fiduciary duties he may have had to Probond. Carson did not attempt to solicit away Probond’s customers as alleged. Carson had an interest to see Probond sell lots more boats expecting to receive his contractual royalties and other commissions. In any event Carson had discovered Mugan and MacAndrew colluding to avoid paying Carson’s due fees and commit various other breaches of contract. Their intention is confirmed by the fact Carson has not received the design royalties and other fees owed. MacAndrew has openly admitted Probond was set up to build Carson designs. This admission contradicts Mugan's original claims to the opposite. Despite MacAndrew completely losing his case, along with other issues, he continues to repeat Mugan’s old arguments repeating his (Mugan's) twisted and or misguided interpretation of the contracts with Carson. He has quoted specific clauses out of context. He ignored other vital clauses. He failed to mention the contracts worked well before Mugan came along. MacAndrew's unfounded allegations about Carson's conduct are contradicted by his own email to Carson just a few months before Mugan's involvement. He wrote; "appreciate your comments and also would like to add that I too am fully aware and extremely grateful for all your efforts in all aspects of the venture and feel lucky to be able to offer your hull designs as I believe they are truly unique as the market has recognised. I am sure you are aware that it can be a stressful job juggling all that this venture brings so bear with me we will see a return on our efforts in the long run". Not long after that his tune changed completely when Mugan arrived. He was too easily mislead by Mugan who had his own agenda regarding changing things at Probond and with Carson. The Court rejected MacAndrew's arguments when his case was struck out. In any event he never produced any shred of evidence whatsoever to support any of his allegations and claims or that he had suffered any loss. He suffered no loss. Without proving loss damages cannot be claimed. His case was struck out in its entirety. Carson suffered considerable loss and consequently was awarded damages and costs against Probond Marine Ltd..
5. PROBOND/MACANDREW publicly claims he “abandoned” the case before trial: FALSE. After 2.5yrs of litigation he simply did not turn up for trial. Despite adequate opportunity he breached specific Court orders by failing to provide any witness statements and evidence to support his case. A party cannot simply abandon a case without leave of court. Leave was not sought or granted. He also overlooked the need to mount a defence against Carson's very substantial counterclaim. In reality he had no case or defence and thus could not win at trial.
6. JUDGMENT: Probond’s case was struck out in its entirety. With no witness statements and supporting evidence filed by Probond/MacAndrew, all his allegations and claims failed. Contrary to MacAndrew’s ongoing published claims without evidence, no repudiatory breaches of contract and or other wrongs were found against Carson. Damages and costs were awarded to Carson. Inter alia, MacAndrew’s failure to pay due royalties and commissions to Carson did not satisfy the complete terms of the Contracts. Consequently, contrary to MacAndrew’s ongoing claims, Probond never did buy or own the intellectual property (IP) rights to the disputed Carson designs. All IP rights to same remain with Carson. In any event, as Probond is being wound-up, already ceased trading and no longer a legal entity, Probond CANNOT claim ownership of anything, particularly any Carson RIB designs. MacAndrew now claims none of this constitutes a win for Carson!
7. COURT ORDER (extract): Inter alia, the Honourable Judge ordered “UPON this action and counterclaim coming for trial on 30 June 2020. . . . . AND UPON the Claimant failing to attend the trial. . . . . IT IS ORDERED THAT 1. The Claim, and the Defence to Counterclaim, are both struck out. . . . . and 2. Judgment is given for the Defendant on his Counterclaim”.
8. DAMAGES AND COSTS were ordered against Probond based on Carson's counterclaim and documented evidence. Carson is claiming several hundred thousand Pounds. The final figure is yet to be confirmed when MacAndrew provides outstanding disclosures regarding numbers of boats built as per the order made after trial on 30 June 2020. To date he has not complied and is in breach of the order. MacAndrew refuses to accept he lost the case!
9. IN DENIAL: MACANDREW fails to grasp reality. He still refuses to accept the judgment and proven facts against him/his company. He continues to publicly argue old claims and knowingly false allegations he made against Carson that failed at Court. He recently published additional new allegations and claims not heard before. What he claims is not credible. He fails to understand that courts do not hand down judgments and make orders for damages without first holding trials. His continuing denials to accept these basic facts further highlights his shockingly unprofessional conduct and unreasonable attitude that Carson had to deal with throughout this matter and unfortunately is still dealing with.
10. DEFAMATION, HARASSMENT & THREATS: MacAndrew has recently and publicly made numerous fresh personal attacks against Carson’s good character and reputation including outrageous unfounded claims regarding former business partners and or others who had no part in this dispute. Carson’s various former partnerships he named were highly successful and did not involve any acrimony or litigation whatsoever as he claims. He has no evidence for this. In fact it is documented that MacAndrew himself has been brought to court by others for not paying his debts and honouring his commitments (see earlier post below), eg. a case regarding non payment of rent for Probond's works and offices in Lintmill, Scotland.
Following losing their case at court they have resorted to lowering themselves to unprofessional name calling and conduct that is, inter alia, considered defamatory and harassing. Neither MacAndrew or his business associate Shane Mugan (now Director of UBC)) have ever produced one shred of evidence to support their allegations and claims. Their claims are knowingly fabricated. Recent emails received from MacAndrew (since Xmas 2020) are considered a threat to blackmail. Carson believes Mugan had a part in said emails and recent malicious posts. Drafted in Mugan's style they use the same terminology, etc. he used when writing vitriolic emails to Carson at the beginning of this dispute. In his Statement of Case dated 26 March 2018 MacAndrew asked the Court for “Publication and dissemination of the judgment”. However now he has lost the case he threatens that if his demands are not met, ie. that Carson delete all publication and dissemination of the judgment and related matters regarding him losing the case with an order for damages and cost against him, he intends to post more knowingly malicious allegations intended to cause harm. Carson has not responded to his emails. The police are informed.
11. THE ULTIMATE BOAT COMPANY (UBC): MacAndrew continues to claim UBC never made or marketed any Carson designs: He wrote “For the avoidance of any possible doubt, the Ultimate Boat Company never built or sold Carson RIBs or any RIBs designed by Barry Carson of Carson Marine”. FALSE. Numerous adverts, posts on Facebook, LinkedIn and or on other mediums show UBC claiming and or implying they were building and marketing Carson designs disprove this. Carson RIBs were advertised and exhibited at Seawork workboat shows and other boat shows under the UBC name. Numerous images were posted online and advertised showing the UBC logo and name clearly attached to Carson RIB designs (see screenshots below). Considering this UBC would also be liable to pay Carson's royalties and other fees. Quoted and selling prices had Carson's royalties and commissions calculated in. Consequently any seller (UBC claim they were building/selling Carsons) would have collected same. However, UBC/Probond kept this money and failed to pass it on to Carson. More evidence will be posted soon. Further, it is known that UBC were also operating from the same premises as Probond for some considerable time claiming they were building Carson RIBs there and later had the tooling, moulds and a demo boat for their new range built there (not Carson designed). Considering boasts of a full order book, volume of work and additional staff taken on there ought to have been sufficient income to meet their commitments and debts and not leave a trail of creditors out of pocket. Considering UBC were also using these same premises the rent should have been easily covered. All moulds, tooling and stock etc. were removed and taken to their new address at Clydesdale Ind. Est. in Glasgow last May. Their debts remain unpaid. The Clydesdale premises were taken on a short term lease (one year). That expires May 2021. According to the selling agent they pay no rent but in lieu have upgraded the premises. Those premises are advertised to be sold by the landlord (Feb. 2021). Considering this UBC may be expected to relocate yet again (see below).
12. ALLEGED UBC RECORD PROPOSAL: MacAndrew’s new claim that “In 2017, Probond Marine in partnership with Barry Carson of Carson Marine were approached by the Ultimate Boat Company to collaborate on their exciting UIM World Record project. This project was exclusively intended to be a brand launch event for the Ultimate Boat Company as a new entrant into the marine industry”. FALSE: UBC never approached Carson regarding any record attempts, any business proposal and or any other proposal as now claimed by MacAndrew. UBC only came into being several months AFTER Carson ceased any relationship with MacAndrew/Probond. Carson never heard of UBC until well after departing from Probond when adverts and posts on social media and marine websites appeared showing UBC promoting Carson RIB designs they claimed they built and were marketing (see screenshots below). UBC had no license agreement with Carson. UBC was at the material time a trading name clearly associated with Probond at the same address and same individuals. Later in October 2018 UBC was registered in the Isle of Man by Shane Mugan as a new limited company. It is now claimed he was nothing more than a former “customer” of Probond. MacAndrew now works at UBC as “Advisor to the Board”. Mugan originally approached Carson through LinkedIn as a private individual/customer, not as UBC or any other entity, saying he intended to do some world records. He was interested in the Carson Interceptor design. In due course that was decided on and built by Probond as below. In any event it makes no sense that Carson would be interested in, let alone involved, in promoting anybody “as a new entrant into the marine industry”, particularly a potential competitor in the same market place. Carson was invited to join Mugan's then private team to attempt various records but certainly not by UBC as claimed. However when the contract dispute broke out that project also soured. Carson withdraw from any further involvement with the planned records. It is understood that following Carson's departure certain sponsors also distanced themselves.
13. CARSON INTERCEPTOR 1050 “Divine Wind” record RIB: This boat was quoted to Shane Mugan as a private customer in November 2017, not to UBC. In said quotation it was described as a Carson Interceptor 1050 with a transom pod extension to Barry Carson’s specifications. Carson holds a copy of this quotation and placed it before the Court. Mugan is now Director of UBC Ltd, and as already mentioned, a company named and registered AFTER litigation between Carson and Probond had begun and long AFTER Carson ceased any partnership with Probond. It was settled at the High Court that this disputed boat is in fact a Carson design, contrary to what Mugan and MacAndrew had publicly claimed on their websites, social media and or elsewhere. They falsely claimed it was their original design. Mugan wrote to Carson "You had no hand in this design". In fact Carson provided the design and technical expertise in 2017. At a pre-trial hearing MacAndrew finally admitted it was built from the Carson Interceptor production moulds. Despite all this MacAndrew recently publicly again still claims that Carson never supplied the design. He has quoted part of an email from Carson out of context. The fact of the matter is that the design specifications were not “supplied” to him in the sense that he never paid Carson for it. However, the specifications were shown and explained to him in November 2017. He needed same to prepare the aforementioned quote to Mugan. Afterward, both he and Mugan claimed the design as their own original creation. FALSE: Upon the evidence the Court rejected this when striking out his case. It is now part of Carson’s damages claim. Neither Mugan or MacAndrew have any design knowledge or expertise whatsoever. Carson introduced various potential sponsors to Mugan's proposed record project. When the dispute began with Mugan and Probond Carson withdrew from the record attempt project and appropriately informed all parties involved. Carson had no interest to and certainly did not attempt to sabotage that project as now claimed. To the contrary, Carson recognised the good publicity that could result from it had it gone ahead. Like everything else MacAndrew and Mugan claimed regarding this entire matter their account is proven false. They could not produce any evidence to support their claims. Further documents supporting Carson’s position will be posted soon.
14. OWNERSHIP OF “DIVINE WIND” AND OTHER ASSETS: Mugan as a then private customer (long before he formed UBC) was quoted a specification and price for a Carson Interceptor 1050 on 30 November 2017. He christened it Divine Wind. Carson was a party to that quotation and had prepared the technical data and given the specification details to Probond to prepare the quote. Carson was shown same by MacAndrew for approval before it was passed on to Mugan (all documents saved). Accompanied emails showed MacAndrew's calculations for Carson's royalty and commission. They have not been paid. The boat was built after the Carson Probond partnership ended and was delivered May/June 2018 to Mugan on the Isle of Man where he resides. He has previously widely claimed and or implied he was the owner of same (screenshots and emails saved). This is what Carson understood from the outset of the project. However, both he and MacAndrew now claim it was never sold to him. MacAndrew claims Probond built it at their own expense for promotional use. However, Probond was short of spare funding and already had a similar Carson Interceptor demonstrator. Further, it is now known that at the material time Probond had mounting debts including unpaid staff wages, unpaid rent and many other large debts to suppliers and for services, despite a healthy order book. He and Mugan claim “Divine Wind” remained a demonstrator and a company asset belonging to Probond. However, the screenshots and posts below raise questions about this (along with other documented evidence). MacAndrew now claims Mugan was simply a “customer” and had no financial involvement in Probond. MacAndrew has not explained what Mugan was a customer for if not this boat. Neither is it explained why Mugan, a “customer”, was appointed mouthpiece to deal with Carson in Probond’s confidential business and terms of the Carson Probond partnership contracts. Carson was told by both of them that he was the new investor/partner. It is noted that on Facebook Mugan’s wife refers to said boat as “Our Divine Wind” with numerous photos included. Adverts posted by Shane Mugan, the so called “customer”, advertise engines removed from Probond’s original Carson Interceptor 950 demonstrator saying “Only selling because I have taken delivery of triple Suzuki 350As”. It is odd that any “customer” would be advertising to sell Mercury engines belonging to a company he now says he had no involvement in and claim he is just a “customer” and at the same time also claim taking delivery of new Suzukis to fit to the same company’s 2nd “demonstrator” the “Divine Wind” (see screenshots below). MacAndrew now says the engines belonged to Suzuki.
15. CLAIMED DESTRUCTION & HIDDEN ASSET: At Court MacAndrew claimed the “Divine Wind” had some time earlier been deliberately broken up and destroyed. However this was proved FALSE when it was later found stored on the Isle of Man close to Shane Mugan’s residence. Thus he knowingly mislead the Court. This is considered hiding a valuable asset while he claimed it had been destroyed and “paucity of assets” for not paying Carson’s damages and other creditors while winding up Probond after the judgment. In August 2020, well after judgment, it was only then that "Divine Wind" was apparently finally destroyed according to MacAndrew’s latest version of this story. Other valuable assets estimated at several hundred thousand Pounds were also claimed to have been destroyed leading up to the trial. In adopting this vindictive and reprehensible scorched earth policy MacAndrew knowingly and wilfully denied Carson and many other creditors their money.
16. CLAIMED ADMINISTRATION & PAUCITY OF ASSETS regarding Probond: FALSE. The boat "Divine Wind" referred to above was found AFTER he claimed paucity of assets, thus it was a valuable company asset at the material time. It was of considerable value. Just before trial Probond made an offer to Carson to settle. It did not include the aforementioned boat or any other of the allegedly destroyed valuable assets then available to him to offer at least in part settlement. He was aware Carson would consider this. His offer was immediately rejected as ridiculous and considered a vain desperate attempt to appease Carson and stop the matter going to trial that they knew would go against them. MacAndrew also claims that Probond is in administration. FALSE. He has NOT appointed a liquidator but simply employed an outside accountants firm (Meiston Reid & Co.) to, as they inform me, “prepare an estimated statement of affairs for the company and communicate with all creditors. I was not appointed as liquidator and had no authority to uplift company records and review them in detail”. Meiston is not Probond’s original long-term accountants firm. Not going through a formal administration or into a proper liquidation process with access to his original accountants and financial records assists MacAndrew avoid and hinder his creditors and others getting an appropriate investigation regarding what happened to their money and where the assets went. This matter is ongoing and will be appropriately dealt with in due course.
17. MUGAN/UBC and MACANDREW have publicly and directly denigrated Carson RIB designs since the judgment, particularly the Carson Interceptor designs they had desperately tried but failed to claim IP ownership of at Court. It is noted that both UBC and Probond have publicly used the exact same wording with the same spelling mistakes cut and pasted from Mugan's original post about a month earlier on UBC's Facebook (screenshots of both saved for evidence) to denigrate the Interceptor design contrary to both their own and many professionals’ previous acclaims (see Carson's earlier post below dated July 2020). This alone proves a definate collusion between them in this matter. In addition the wording and terminology used in Probond's recent outburst is the same as Mugan used in the past when writing to Carson, thus further implicating Mugan. When it was finally obvious to them that Probond could not win the case, Mugan sent another vitriolic email to Carson and referred to Carson RIBs as, inter alia, "outdated and fundamentally flawed designs". All are saved for evidence. Their now claimed own ‘expert’ opinions also contradict the opinions of real genuine experts who had trialled this design and even placed early orders for commercial operations (as below). Further, Mugan and MacAndrew jointly denigrate Carson RIBs despite knowing they are well proven and have been on the professional market for nearly 40 years with an excellent reputation with many esteemed operators worlwide. Mugan and MacAndrew are new boys on the block not yet established and have yet to prove themselves in the RIB business. In fact they have already failed to even get established. Probond is already a failed company and ceased trading around the time of the High Court trial (June 2020). They fought for 2.5 years in Court to secure IP ownership of said Carson designs spending, according to MacAndrew, £115,000 on legal fees. He says a further £150,000 was needed to go to trial. Considering this they clearly believed the design was good and worth fighting for and spend huge money and time on to gain as their own. Newcomers to the marine business, MacAndrew’s and Mugan’s entire RIB business experience spans just a short few unsuccessful/failed years and according to their own claims, only built a single digit numbers of boats at Probond. Since Carson ceased being directly involved build quality became a known issue. There was no appropriately qualified person to guide them. They also lacked the expertise to fully understand and develop the Interceptor design project as intended. Considering their lack of qualifications and experience their claims and opinions are totally without merit and cannot be taken seriously. Having their shockingly unprofessional conduct and names associated with the trusted and respected Carson brand has proved to be a huge embarrassment for Carson.
18. RECORDED: All their published false allegations and claims are copied and saved for evidence. Despite over 3 years since this dispute began and a trial in the High Court they have never provided any evidence to support their allegations and claims. This is because it simply does not exist. They lost their case.
19. FRAUDULANT MISREPRESENTATION: Despite no longer being licensed to build any Carson designs for almost 3 years now Probond and UBC continued advertising themselves as builders of Carson Interceptor and other Carson RIB designs. Probond never did and still do not own any of the disputed Carson Interceptor designs whatsoever. Despite recent strong denials UBC has in fact claimed to build, market and sold Carson RIB designs including models/sizes never given to anyone at all (see images below).
20. ONLY THREE CARSON INTERCEPTORS EVER MADE??: MacAndrew now publicly claims only three Carson Interceptors were ever made. FALSE: Carson has photographic evidence of at least six. All six were seen in evidence before the Court. Contrary to MacAndrew’s claims that Carson did not assist in marketing (which in any event was optional for Carson) the fact is Carson was directly involved in not just the design, but also consulted on building, had demonstrated and assisted selling five of the six known to Carson. All known Interceptor orders were secured within months of launching the first demonstrator. Considering the high value of these large RIBs this may be considered a good start for a fledgling company with no previous experience or history in this market. He then claims “one of which has recently been scrapped and disposed of by its owner”. It is believed this refers to the Carson Interceptor 1050 “Divine Wind” supplied to his business associate Shane Mugan. Referring to “its owner” seems to confirm another entity as the real owner, not MacAndrew/Probond as now claimed. It is believed other Interceptors above the six known have been built but not disclosed. Similarly it was found he had not disclosed other Carson RIB models as required in the contracts. Seven months after the High Court judgment and order MacAndrew is still in breach of the order by refusing to disclose details of all boats built. The Court is being updated.
21. WARNING: Carson has written in detail to MacAndrew advising him that his ongoing claims are all knowingly false, defamatory and harassing. He is strongly advised to cease publishing all offensive and unlawful material. He is advised that unless said false material is removed immediately legal action will be brought against him. He is informed said letter and other documents to rebut his claims and allegations will be published soon. Ignoring the warnings he continues his offensive course of conduct.
22. LAW: Carson intends to issue further legal proceedings against Probond/MacAndrew.
23. MORE INFORMATION and assorted documents regarding this unfortunate matter may be posted soon, including various emails from MacAndrew and Mugan, that will further rebut their latest fabricated and knowingly false claims. All Carson's published material has been and will continue to be factual and on documented evidence.
Signed: Barry Carson LLB, Designer of Carson RIBs.
IMAGES & SCREENSHOTS BELOW
BARRY CARSON WINS HIGH COURT CASE AGAINST PROBOND MARINE. Early July 2020
(Updated Nov. 2020)
Damages & Costs Awarded to Boat Designer Barry Carson
Intellectual Property & Enterprise Court strikes out Probond Marine’s case: 30 June 2020
Probond also in breach of High Court Orders
Breach of Contract * Carson Interceptor RIB Designs * IP Rights * Royalties * Commissions * Other Matters
Over two years in the High Court.
Barry Carson, Designer of Carson RIBs.
Colin MacAndrew, MD of Probond Marine Ltd., going into administration with many creditors. Also "Advisor to the Board" of The Ultimate Boat Company (UBC), now at Clydesdale, Glasgow. Shane Mugan is a Director of UBC and also describes himself as 'Growth Advisory Board Member'.
1. Since 2015 certain Carson RIB designs were built and marketed under license to Probond Marine Ltd. in Buckie and later Cullen, Scotland. Probond's MD is Colin MacAndrew who was a newcomer to the boat building industry. £115,000 of Scottish Government backed funding was secured by Probond to assist setting up to build and market specific licensed Carson RIB models.
2. All boats were to be known and advertised as Carsons, ie. Carson 420, Carson 600, etc.
3. In 2016 a new range was designed and called the Carson Interceptor Class. Sizes were 7.5, 8.5 and 9.5 metres. A 10.5m was added in early 2018 based on the standard 9.5 or 950. Like all previous Carson RIB designs, they are totally Barry Carson designed with no input from any other party whatsoever contrary to some claims by Probond and The Ultimate Boat Company (UBC) and or their officers. In 2017 The Royal Institute of Naval Architects (RINA) wrote about the Carson Interceptor's innovative design features in the July/August Edition of their publication Ship & Boat International and in their other publication, Significant Small Ships of 2017. Well known writer and veteran marine adventurer Dag Pike also wrote about the design in Maritime Journal in November 2016.
4. Following the designer’s and Probond MD Colin MacAndrew’s sea trials, the Interceptor’s exceptional capabilities were confirmed. Mr. MacAndrew wrote and posted: “It more than lives up to our expectations” and “She behaves exceptionally well in adverse conditions. . . like other big Carsons she handles extremely well and even better than her predecessors. We have done some comprehensive sea trials in 2mtr + waves and she behaves beyond our expectations. We have driven her at 40kts in these conditions into waves, beam on and in following seas with excellent results (top end with current props is 60kts+ and 70 with courser pitches). All the professionals we have had on board say it’s the most amazing boat and comment on not only how smooth and dry riding she is but also how well behaved and precise she handles”.
5. The prototype demonstrator has been tested by various professionals. One North Sea commercial charter operator declared: “so impressed with its rough weather capability we ordered a custom version” and “I can honestly say it handles corners fantastically at 50 kts” and “We are based in Aberdeen and the sea keeping abilities and weather this new hull can handle allows safe operations in our challenging environment”. He placed an early order to add to his fleet.
• “The ride was stunning on the 950”.
• “Unique design leads to a superior and industry leading ride quality”.
• “The boats are a pleasure to drive”.
• “Today’s test drive 900hp on a 10m Carson Interceptor. . . . fantastic boat”.
• “It’s like a hot knife through butter when it comes to waves”.
• “Had the chance to test the Carson boats and glad I did. There is simply nothing like this on the market. The boat has far more space than others of the same size due to the D tubes, square nose, etc. The best bit though is how it handles. The ride is smooth but more to the point it does it without any drama. If you know your RIBs, ie. Redbay, Delta, Coastline, Ribcraft, etc. This is a big step up in class”.
The above can be confirmed having been openly posted on Facebook and elsewhere by the writers.
6. In late 2017 an Isle of Man (IOM) based accountant, Shane Mugan, became involved with Probond. He had no previous marine, boat design or building background. Neither did he have any experience whatsoever of handling large high powered RIBs or other fast professional powerboats. This was plainly obvious to Carson after demonstrating a 900hp Carson Interceptor to him in the Moray Firth, Northern Scotland in Nov. 2017, previous to him becoming involved with Probond on a business level. Despite his lack of experience and knowledge Mugan was interested in having a Carson Interceptor built for himself to attempt several world records. Carson was invited to join his venture to provide technical input, crew training and be a team member.
7. However, almost immediately Shane Mugan became involved with Probond on a business level a dispute broke out with Carson in early January 2018. Shane Mugan was instrumental in causing the dispute. Mugan (now of UBC Ltd.) was immediately appointed by Colin MacAndrew as mouthpiece for Probond. Ignorant of the relevant law, the facts and with complete disregard to existing contracts between Carson and Probond and ignoring good business practices, Mugan began sending numerous vitriolic and offensive emails to Carson. They contained countless false allegations, claims and reasons for Probond not intending to pay Carson all design royalties and other fees then owed or in the future. Among other false claims Mugan also claimed that there was no such thing as a Carson Interceptor 1050, the then latest version of the Carson Interceptor designs and the very boat he was intending to use for his record attempts. He also demanded that the Carson design never be referred to as a Carson RIB. He intended to rebrand all Carson RIBs built by Probond without the Carson name as required in existing contracts. However, at the same time he registered various domain sites under his own name including www.carsoninterceptor1050.com. Further, at that time the Carson Interceptor 1050 was being built for his own use for the various RIB records. Following the outbreak of the dispute and various serious breaches of contract by Probond, the designer, Barry Carson and Carson RIBs, immediately withdrew from the RIB records project and ceased being directly involved with Probond and discontinued to provide any further technical, sales and or other support whatsoever as previously. When they found they could not have their way Mugan then resorted to ever more offensive and vitriolic emails in a failed attempt to bully their way forward. The matter then went to law.
8. From 2018 Probond also advertised Carson designed RIBs and traded under the name of "The Ultimate Boat Company" (UBC) of the same address (scroll down to see below). There has never been any legal agreement between Carson RIBs and the business named The Ultimate Boat Co. Ltd. later registered in the IOM. In August 2018 Carson received another rambling vitriolic email from UBC. It was seven pages long and signed by a Charlotte Hansen purporting to be of UBC. This email also said "You have had no involvement in this design project and the Carson Interceptor 1050 design does not exist". It did not explain why so many domain websites using the Carson name were registered by Mugan, in particular www. carsoninterceptor1050.com, and similar others. Neither did it explain why Mugan had used the Carson name and design to obtain sponsorship for his RIB records project. It was concluded that Charlotte Hansen is a completely fictitious entity and does not exist. Said email is believed to have been written by Mugan himself. No response was sent.
9. After the dispute began in January 2018 and after Carson and Probond ceased being partners, numerous other domains using the Carson name were registered by Shane Mugan, also of Hibernia Capital, Novo Altum and Emeritus on the IOM (now also a Director of UBC Ltd.). This was done without consultation, knowledge or agreement with Carson (scroll down to see below). Further, save for the specific Carson Interceptor designs licensed to Probond and mentioned in this article, all other models listed in said domains and advertised elsewhere were either never designed, supplied and or sold to Probond/UBC for their use and or do not exist. These included Carson Interceptors 650, 680, 780, 880, 1050, 1150, 1180, 1250, 1300, 1350 and 1380. All are fabricated and false. Any attempt to make use of same purporting to represent the designer Barry Carson, Carson RIBs and or Carson designs by any other parties other than the real designer, Carson RIBs and appropriately appointed partners or representatives may be considered fraudulent misrepresentation. It can only be concluded that the intention of Mugan to register these domains was for him and or his associates (inc. Colin MacAndrew) to gain benefit and profit without paying Carson. At the time of writing said domains remain registered to Mugan. Other false claims made include ownership of certain Carson designs and patents that do not exist.
10. SETTING THE RECORD STRAIGHT: Probond/UBC unsuccessfully openly claimed and or implied the 10.5m Carson Interceptor 1050 as their original design, claiming it to be a joint design project between Probond and UBC. It was absolutely not. Neither Mugan, MacAndrew and or their companies had at the material time any previous boat design expertise whatsoever. The so called record boat named "Divine Wind" was built to the Carson design and delivered to the IOM for Mugan’s use. This was the Carson Interceptor 1050 fitted with triple Suzuki 350hp outboards (see images below) that was promoted on social media and elsewhere to attempt several world records. Despite a somewhat incongruous and top heavy Bimini that would have done nothing to assist performance and handling and not designed or approved by Carson, the sea keeping and performance still proved exceptional topping out at a reported 130kph (80mph) with 0-100kph (0-60) in 5.5secs with a potential range of approx. 2,700kms (1,700 miles) with its additional long range tanks. Considering this heavy-duty boat was designed primarily as a workboat these are very satisfactory figures. Like other Carsons have proved in competent hands, this design is capable of achieving considerable feats. The boat was built as per the design criteria and specifications provided by Carson to Probond in 2017 (but not the Bimini top) before Mugan became involved with Probond in a business capacity. At court MacAndrew eventually conceded that said 1050 "record boat" was in fact produced from the Carson designed Interceptor production moulds, completely contradicting previous claims that it was their own design. The added transom pod lengthening the hull to 10.5m was as per Barry Carson's original specifications and named the Carson Interceptor 1050. In 2018 a minor world record was achieved with this boat and listed with the Union Internationale Motonautique (UIM), record number 3875. Mugan's claim to it being a UBC hull design was later removed from UIM's world record list after they received evidence from the designer confirming it to be a Carson Interceptor RIB design, not a Probond/UBC, MacAndrew or any other claimed design. Posts put on Facebook and other places claiming it to be a Probond, UBC or Colin MacAndrew design project are completely false and misleading. Following this and during the course of litigation this record project was apparently abandoned. It was then claimed by MacAndrew and Mugan that the boat was a Probond asset used for demonstration purposes, contradicting previous implications and or statements that it was Mugan's boat. It was also claimed to have been recently destroyed as it was no longer required. This seems a strange thing to do knowing your company has substantial debts outstanding and facing damages against it in court. Despite repeated requests no proper evidence of its destruction was produced. However this boat has now been discovered and confirmed by authorities on the IOM to still exist. Clearly it was not destroyed as claimed but kept in the Douglas Harbour boat compound on the IOM near to where Mugan lives. It has since been removed to another location. The appropriate authorities have been informed. A new website for UBC features this particular boat on their homepage still promoting and or implying it as their design (see below) and www. myscouts.co.uk. It was also featured on their Facebook and on Youtube. After MacAndrew's admission at court that it was a Carson design from the Interceptor mould the court rejected their claims of it being their original creation. There is no known good reason to promote this distinctive Carson design on UBC's website, Facebook or elsewhere. Any persons being offered boats to this design or any production moulds of same are advised to contact Carson directly. In another unprofessional email sent by Mugan to Carson just weeks before the High Court trial, inter alia, he again claimed the Carson Interceptor design as their own and denied he or anyone had 'pirated or stolen' any Carson design adding 'prove it or shut up'. The judgment speaks for itself and has without doubt proven it to certainly be a Carson design contrary to his and MacAndrew's claims.
11. Since early 2018 new model names were given and advertised by Probond/UBC to all Carson RIB models (omitting the Carson brand name). Without the designer’s consultation or agreement certain existing Carson RIB models previously licensed to Probond were rebranded with new names including “Barracuda”, “Raptor”, “Stingray” and others (see below). This was also breach of contract.
12. In October 2018, nine months after the dispute began, The Ultimate Boat Company became a separate legal entity registered in the Isle of Man (Company Number 132474C). Mugan, who has been involved with MacAndrew and Probond since December 2017, is a director of UBC Ltd. MacAndrew has described himself as an employee at UBC and "Advisor to the Board" of same on Linkedin and elsewhere.
13. Carson RIBs are a separate entity and have never been a part of Probond or UBC save for a commercial contract that specific Carson RIB designs were licensed to Probond Marine Ltd.
14. Probond is no longer licensed or permitted to build or market any Carson RIBs whatsoever or use the Carson name. The Ultimate Boat Company as a separate legal entity since October 2018 (as above) never had any commercial agreement with Carson and thus not authorised to represent, build or market any Carson designs or products.
15. Probond/UBC have ceased building and marketing any Carson RIBs.
16. Probond and UBC claim that all Carson RIB production moulds have been disposed of and the Carson Interceptor Class moulds for models 750, 850, 950 and 1050 have been destroyed. However no proper evidence of this has been seen. Considering this, the registered domains referred to above and that the Carson Interceptor 1050 "Divine Wind" still exists and is now featured on UBC's website (see below (their own spelling mistake!)), it is believed a set of moulds still exist. There is no known good reason to feature this Carson design on UBC's website. For the avoidence of doubt, all design and Intellectual Property (IP) rights regarding all Carson designs and any boats built by any of the parties named herein and or any others is not authorised save for those appointed and agreed by the designer/Carson RIBs directly. Now with new strategic partners an updated Carson Interceptor design is being developed with a choice of infusion moulded GRP or aluminium hulls.
17. A Carson Interceptor 950 demonstrator, various stock hulls and the Carson Interceptor 1050 "Divine Wind" are all claimed to have been broken up and sent to landfill. Again no full evidence has been seen. The "Divine Wind" has since been discovered to not have been destroyed as claimed.
18. Colin MacAndrew has confirmed that Probond Marine Ltd. (Company Number SC511528) will now be wound up. An application has been filed at Companies House and published in the Gazette. There are numerous creditors owed substantial money. However, that application has recently been suspended following an objection being lodged. The suspension holds until April 2021. This will enable any parties that have issues (e.g. including warranty and debt claims) regarding Probond Marine and or any creditors to instigate their own actions. Meiston Reid & Co. in Aberdeen are dealing with the matter on behalf of Colin MacAndrew. Carson has been contacted by a number of other creditors who are also owed substantial money. Probond/UBC/MacAndrew/Mugan have never apologised for their actions. Probond has made no attempt to pay any of the money/damages and costs awarded to Carson in the High Court (several hundred thousand Pounds is claimed). Carson RIBs will become a creditor regarding said damages and costs for unpaid royalties and other monies owed. Probond/UBC collected royalties/fees from customers that as per normal practice were calculated in the selling prices. However they failed to pass those fees to the designer and kept same for their own benefit and profit. The High Court considered this when making an order for damages to be paid to Carson. Many boats known to have been built and delivered were denied to have been ordered despite photographic and other evidence provided by Carson. One example is the Carson Interceptor with a wheelhouse shown in the photographs below. It clearly has the UBC logo and name attached to it. UBC have advertised/implied this as their product and that they built it. Despite knowing being photographed by Carson personally with MacAndrew and Mugan onboard in Southampton during Seawork 2018, they continued to deny this boat existed for 18 months. Probond's assets are unconfirmed at this time. However, despite claiming paucity of assets certain high value assets have actually been discovered, e.g. the Carson Interceptor 1050 found in the IOM. Also, various Suzuki engines were found advertised by Colin MacAndrew on Ebay using a defunct company name and registered company number and elsewhere by Mugan and others. It is of serious concern that the Carson Interceptor production moulds and several valuable boats are claimed to have been destroyed in the knowledge of pending winding up process with considerable debts outstanding and or with substantial claims against them for damages. All said assets were of very substantial value and could have assisted paying Carson and other creditors. The conduct of the Director/s, in particular Colin MacAndrew, is of serious concern. Claims by Probond and their associates that the court case with Carson was 'abandoned' are untrue and misleading. The matter went to trial on 30 June 2020. Their case was struck out in its entirety. At least one other court action against them is known and was listed regarding debts owed: McKibben Ltd -v- Probond Marine Ltd. INV-CA5-20 at Inverness Court in July 2020.
19. Save for the very substantial damages and costs owed Carson RIBs is unaffected by Probond going into administration and will continue to design and market Carson RIBs and other marine products independantly and with new partners as per recent updates and Press Releases.
20. FUTURE: Carson RIBs has established an excellent reputation having been produced for nearly four decades (since early 1980s) successfully supplying a niche sector of professionals around the world including oil companies, coastguard, navy, police, commercial divers, special forces and many more. Many early boats are still in professional service over thirty years since being built, testimony to their design, performance and build quality. A range of new RIB designs and some revamped existing models including a Mk2 Carson Interceptor model will soon be published. Carson RIBs will work in partnership with new strategic partners.
21. Any person or organisation that has been offered or bought any Carson RIBs designs and or production moulds (particularly the Interceptor models) and or boats purported or suspected to be Carson RIB designs from the above parties or any other parties at any time since 2015 are invited to contact Carson RIBs at the email below.
Further updates will follow.
Signed: Barry Carson LLB, Designer of Carson RIBs: firstname.lastname@example.org.
PLEASE SCROLL DOWN FOR VARIOUS SAMPLE IMAGES & DOCUMENTS REFERRED TO THAT PROVE PROBOND/MACANDREW/UBC/MUGAN's CLAIMS ARE COMPLETELY FALSE