Decision

Decision on Balfour Baetty Utility Solutions Ltd

Updated 7 October 2024

Order under the Companies Act 2006

In the matter of application No. 4551

For a change of company name of registration No. 12782263

Decision

The company name BALFOUR BAETTY UTILITY SOLUTIONS LTD has been registered since 4 July 2022. Prior to this, the company was called DIVAKAR VELUSAMY LTD incorporated on 30 July 2020 under number 12782263.

By an application filed on 2 November 2023, BALFOUR BEATTY PLC 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 8 December 2023, in accordance with rule 3(2) of the Company Names Adjudicator Rules 2008. The copy of the application was sent by Royal Mail “Special Delivery” service and also by standard mail. It was returned “addressee unknown”. On 13 February 2024, 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. The letter sent to the primary respondent by standard mail was returned “addressee unknown”. No request for a hearing was made.

On 11 March 2024, the tribunal wrote to the parties to advise that it was minded to suspend the application pending an application which had been made to strike off company number 12782263. The parties were asked to state whether they agreed to the suspension of the application. No response was received from the parties.

On 9 April 2024, the parties were advised that proceedings were suspended for a period of two months pending the outcome of the application to strike-off the company.

It was subsequently noted that the letters sent by the tribunal to the parties dated 11 March 2024 and 9 April 2024 had been issued in error and as such, on 25 June 2024, the parties were advised that the proceedings would continue and the application would be referred to the adjudicator to consider issuing a decision.

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) BALFOUR BAETTY UTILITY SOLUTIONS LTD shall change its name within one month of the date of this order to one that is not an offending name; ^{[footnote 1]}

(b) BALFOUR BAETTY UTILITY SOLUTIONS LTD 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.

BALFOUR BEATTY PLC, having been successful, is entitled to a contribution towards its costs. I order BALFOUR BAETTY UTILITY SOLUTIONS LTD to pay BALFOUR BEATTY PLC costs on the following basis:

Fee for application: £400
Statement of case: £200

Total: £600

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 2 August 2024        

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. ↩