Decision

Decision on Sportpesa Ltd

Updated 16 December 2019

Order under the Companies Act 2006

In the matter of application No. 1910.

For a change of company name of registration No. 10322191.

Decision

The company name SPORTPESA LTD has been registered since 10 August 2016 under number 10322191.

By an application filed on 19 December 2018, SPORTPESA HOLDINGS 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 14 January 2019, 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 14 January 2019, the Tribunal wrote to Norman Worgall to inform him that the applicant had requested that he be joined to the proceedings. The letters sent to Mr Worgall were returned “address insufficient” and “RTS” respectively. No comments were received from Mr Worgall in relation to this request. On 28 March 2019, Norman Worgall was joined as a co-respondent. On 28 March 2019, 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.

It was subsequently noted that the letters sent to Norman Worgall dated 14 January 2019 and 28 March 2019, had been addressed in error and as such, on 14 May 2019, both letters were re-issued by Royal Mail “Signed For” service and also by standard mail. Mr Worgall was granted a further period of 14 days to request a hearing in relation to this matter, if he wished. Both letters were subsequently returned. No comments were received from Mr Worgall in relation to the request that he be joined as a co-respondent. On 27 June 2019, Norman Worgall was joined as a co-respondent. 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) SPORTPESA 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) SPORTPESA LTD and Norman Worgall 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.

SPORTPESA HOLDINGS LIMITED, having been successful, is entitled to a contribution towards its costs. I order SPORTPESA LTD and Norman Worgall, being jointly and severally liable, to pay SPORTPESA HOLDINGS 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 28 August 2019

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. ↩