Decision

Decision on Williamhilla Limited

Updated 14 June 2023

Order under the Companies Act 2006

In the matter of application No. 4141

For a change of company name of registration No. SC736323

Decision

The company name WILLIAMHILLA LIMITED has been registered since 23 June 2022 under number SC736323.

By an application filed on 30 December 2022, WILLIAM HILL ORGANIZATION 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 12 January 2023, 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 21 February 2023, 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.

In response, on 3 March 2023, Joanna Lunn contacted the Tribunal by email on behalf of Mr William Hill, who is recorded on Companies House as being the Director of the primary respondent. Ms Lunn stated;

Mr Hill wishes to advise you that the company registration number SC736323 in the name WILLIAMHILLA LIMITED, of which he is named as a director, was not established by him. It appears that this company was fraudulently registered in June 2022 without his knowledge or permission, using his name and address. We are in the process of submitting an RP06 application to Companies House for the removal of his details from the register.

Ms Lunn’s comments are noted. However, bearing in mind that Mr Hill has not been joined to these proceedings as a co-respondent, there is no reason why that matter should prevent or delay the issuing of this order to change the primary respondent’s company name to one which is a not an offending name. The applicant has the right, in the absence of a defence to its application, to have the company name changed as soon as possible, either by the primary respondent itself or, if necessary (if no such change is made), by this tribunal under section 73(4) of the Act. As stated below, if the primary respondent does not change the name itself within one month of the date of this order, I will simply determine a new company name and give notice of that change

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) WILLIAMHILLA 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) WILLIAMHILLA LIMITED 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.

WILLIAM HILL ORGANIZATION LIMITED did not request its costs in its statement of case. As such, and in line with paragraph 10.4 of the Tribunal’s Practice Direction, I make no award of costs in its favour.

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 5th April 2023

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. ↩