Decision

Decision on Beauty Bay North East Limited

Updated 25 March 2019

Order under the Companies Act 2006

In the matter of application No. 1814

For a change of company name of registration No. 11171722

Decision

The company name Beauty Bay North East Limited has been registered since 26 January 2018 under number 11171722.

By an application filed on 7 August 2018, Beauty Bay 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 24 August 2018, in accordance with rule 3(2) of the Company Names Adjudicator Rules 2008. The copy of the application was sent by Royal Mail “sign for” service. It was returned “addressee gone away”. A copy of the application was then sent by ordinary post. Also on 24 August 2018, the Tribunal wrote to Andrew Maughan to inform him that the applicant had requested that he be joined to the proceedings. This letter was also returned “addressee gone away” and was resent by ordinary post. No comments were received from him in relation to this request. On 9 October 2018, Mr Maughan was joined as a co-respondent. Also on 9 October 2018, 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 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) Beauty Bay North East 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) Beauty Bay North East Limited and Andrew Maughan each shall:

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

(ii) not to 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.

Beauty Bay Limited, having been successful, is entitled to a contribution towards its costs. I order Beauty Bay North East Limited and Andrew Maughan, being jointly and severally liable, to pay Beauty Bay 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 6 November 2018

Mark Bryant
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. ↩