Decision

Decision on Olleco RR Ltd

Updated 31 July 2024

Order under the Companies Act 2006

In the matter of application No. 4581

For a change of company name of registration No. 15013292

Decision

The company name OLLECO RR LTD has been registered since 19 July 2023 under number 15013292.

By an application filed on 22 November 2023, OLLECO 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 15 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. On 12 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. No request for a hearing was made.

On 27 February 2024, the applicant OLLECO contacted the Tribunal to advise that the respondent company had changed its name to OLECC RR LTD. They stated that they did not believe the name change was sufficient for their objection to be withdrawn and wished the proceeding to continue. On 6 March 2024, the Tribunal wrote to the parties to confirm that OLLECO RR LTD had changed its name to OLECC RR LTD and that it was the Adjudicator’s preliminary view that the new name was still an offending name. It was acknowledged that the applicant had sent comments regarding the name change in their email dated 27 February 2024. The parties were granted a period of two weeks in which to file any written submissions on ther matter. No reply was received from the primary respondent. The adjudicator considered the applicants continuing objection and decided the proceedings should continue.

It was subsequently noted that Tribunal correspondence to the parties dated 12 February 2024 contained a clerical error, as such, the letters were re-issued on 12 March 2024, and 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) OLECC RR 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) OLECC RR LTD 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.

OLLECO, having been successful, is entitled to a contribution towards its costs. I order OLECC RR LTD to pay OLLECO 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 4 April 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. ↩