Decision

Decision on Apollo Fire Protection Limited

Published 14 March 2023

Order under the Companies Act 2006

In the matter of application No. 4103

For a change of company name of registration No. 13719334

Decision

The company name APOLLO FIRE PROTECTION LIMITED has been registered since 2 November 2021 under number 13719334.

By an application filed on 29 November 2022, APOLLO FIRE DETECTORS LIMITED applied for a change of name of this registration under the provisions of section 69(1) of the Companies Act 2006 (the Act).

A copy of this application was sent to the primary respondent’s registered office on 7 December 2022, in accordance with rule 3(2) of the Company Names Adjudicator Rules 2008. The copy of the application was sent by Royal Mail “Signed For” service and also by standard mail. On 7 December 2022, the Tribunal wrote to Kyle Anthony Park to inform him that the applicant had requested that he be joined to the proceedings. It was subsequently noted that the letters sent to the primary respondent and to Kyle Anthony Park dated 7 December 2022 contained a clerical error and as such, on 14 December 2022, a copy of the application was re-served to the primary respondent’s office in accordance with rule 3(2) of the Company Names Adjudicator Rules 2008.The copy of the application was sent by Royal Mail “Signed For” service and also by standard mail. The letter sent to the primary respondent by Royal Mail “Signed For” service was returned “not called for”. On 14 December 2022, the Tribunal wrote to Kyle Anthony Park to inform him that the applicant had requested that he be joined to the proceedings. The letter sent to Kyle Anthony Park by Royal Mail “Signed For” service was returned “not called for”.No comments were received from Kyle Anthony Park in relation to this request. On 24 January 2023, Kyle Anthony Park was joined as a co-respondent. On 24 January 2023, the parties were advised that no defence had been received to the application and so the adjudicator may treat the application as not being opposed. The parties were granted a period of 14 days to request a hearing in relation to this matter, if they so wished. No request for a hearing was made.

The primary respondent did not file a defence within the one month period specified by the adjudicator under rule 3(3). Rule 3(4) states:

“The primary respondent, before the end of that period, shall file a counter-statement on the appropriate form, otherwise the adjudicator may treat it as not opposing the application and may make an order under section 73(1).”

Under the provisions of this rule, the adjudicator may exercise discretion so as to treat the respondent as opposing the application. In this case I can see no reason to exercise such discretion and, therefore, decline to do so.

As the primary respondent has not responded to the allegations made, it is treated as not opposing the application. Therefore, in accordance with section 73(1) of the Act I make the following order:

(a) APOLLO FIRE PROTECTION LIMITED shall change its name within one month of the date of this order to one that is not an offending name; ^{[footnote 1]}

(b) APOLLO FIRE PROTECTION LIMITED and Kyle Anthony Park each shall:

(i) take such steps as are within their power to make, or facilitate the making, of that change;

(ii) not cause or permit any steps to be taken calculated to result in another company being registered with a name that is an offending name.

In accordance with s.73(3) of the Act, this order may be enforced in the same way as an order of the High Court or, in Scotland, the Court of Session.

In any event, if no such change is made within one month of the date of this order, I will determine a new company name as per section 73(4) of the Act and will give notice of that change under section 73(5) of the Act.

All respondents, including individual co-respondents, have a legal duty under Section 73(1)(b)(ii) of the Companies Act 2006 not to cause or permit any steps to be taken calculated to result in another company being registered with an offending name; this includes the current company. Non-compliance may result in an action being brought for contempt of court and may result in a custodial sentence.

APOLLO FIRE DETECTORS LIMITED, having been successful, is entitled to a contribution towards its costs. I order APOLLO FIRE PROTECTION LIMITED and Kyle Anthony Park, being jointly and severally liable, to pay APOLLO FIRE DETECTORS LIMITED costs on the following basis:

Fee for application: £400
Statement of case: £400

Total: £800

This sum is to be paid within seven days of the expiry of the appeal period or within seven days of the final determination of this case if any appeal against this decision is unsuccessful.

Any notice of appeal against this decision to order a change of name must be given within one month of the date of this order. Appeal is to the High Court in England, Wales and Northern Ireland and to the Court of Session in Scotland.

The company adjudicator must be advised if an appeal is lodged, so that implementation of the order is suspended.

Dated 7th March 2023

Susan Eaves
Company Names Adjudicator

1. An “offending name” means a name that, by reason of its similarity to the name associated with the applicant in which he claims goodwill, would be likely to be the subject of a direction under section 67 (power of Secretary of State to direct change of name), or to give rise to a further application under section 69. ↩