Decision

Decision on The CDP Endorsement Services Ltd

Updated 27 September 2019

Order under the Companies Act 2006

In the matter of application No. 1902

For a change of company name of registration No. 11659647

Decision

The company name THE CPD ENDORSEMENT SEVICES LIMITED has been registered since 5 November 2018 under number 11659647.

By an application filed on 20 December 2018, THE CPD CERTIFICATION SERVICE LTD 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 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. In response, in a letter dated 1 February 2019, the primary respondent advised that he “did not receive any adequate notice” from the applicant. On 19 February 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.

On 27 March 2019, the tribunal wrote to the parties regarding the primary respondent’s letter of 1 February 2019 and requested the applicant provide copies of their pre-action correspondence together with proof of postage. The parties were also invited to file any comments on the matter within a period of one month. No response was received. On 24 May 2019, the parties were advised that as no response had been received, the adjudicator intended to continue on the basis that the holder was not notified that an application may be filed at the tribunal. The parties were also advised that it was the Adjudicator’s preliminary view not to award costs in this instance. 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) THE CPD ENDORSEMENT SERVICES LIMITED shall change its name 12 August 2019 of the date of this order to one that is not an offending name ^{[footnote 1]};

(b) THE CPD ENDORSEMENT SERVICES LIMITED 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.

THE CPD CERTIFICATION SERVICE LTD having been successful, would normally be entitled to a contribution towards its costs. However, in accordance with 10.4.1 of the Company Names Tribunal: Practice Direction 2014, an award of costs will not be made in this case.

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 11 July 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. ↩