Appointed under the Companies Act 2006
With regard to application no. 3230
For a change of the company name the registration number 12497300
The company name SCREWFIX ROOFING & GUTTERING LTD has been registered since March 4, 2020 under the number 12497300.
In a motion filed on July 23, 2020, SCREWFIX DIRECT LIMITED requested a name change to this registry pursuant to the provisions of Section 69 (1) of the Companies Act 2006 (the Act).
A copy of this application was sent to the principal respondent’s seat on September 3, 2020 under Rule 3 (2) of the Company Names Adjudicator Rules 2008. The copy of the application was sent via Royal Mail’s “Signed For” service and also via standard mail. “Addressee gone” was returned. On September 3, 2020, the Tribunal wrote to Wesley Patrick Stokes informing him that the applicant had requested that he join the proceedings. The letter, which was sent to Wesley Patrick Stokes by standard mail, was returned as an “addressee”. No comments were received from Wesley Patrick Stokes on this request. On January 27, 2021, Wesley Patrick Stokes was joined as a co-interviewee. On January 27, 2021, the parties were informed that no response had been received and that the judge could therefore treat the application as not rejected. The parties were given 14 days to request a hearing on this matter, if they so wished. The letters sent to the co-respondent via Royal Mail “Signed For” service and standard mail were returned “away”. No request for a hearing was made.
The main respondent did not submit a statement of defense within the one month period set by the judge under Rule 3 (3). Rule 3 (4) states:
Before this period expires, the main respondent must submit a counter-declaration on the relevant form, otherwise the judge can treat it as not directed against the application and issue an order in accordance with Section 73 (1).
According to the provisions of this rule, the expert can, at his own discretion, treat the respondent as an objection to the application. In this case, I see no reason to exercise such discretion and therefore refuse to do so.
Since the lead respondent did not respond to the allegations made, he is treated as not being directed against the request. Therefore, in accordance with Section 73 (1) of the Act, I am issuing the following order:
(a) SCREWFIX ROOFING & GUTTERING LTD will change its name to a non-infringing name within one month of the date of this order [footnote 1];;
(b) SCREWFIX ROOFING & GUTTERING LTD and Wesley Patrick Stokes must each:
(i) take steps within their power to make or facilitate this change;
(ii) not take or allow any action that would result in another company being registered with a name that is an offensive name.
Under Section 73 (3) of the Act, that order may be enforced in the same way as an order from the High Court or, in Scotland, the Court of Session.
In any case, if no such change is made within one month after the date of this order, I will set a new company name in accordance with Section 73 Paragraph 4 of the Act and announce this change in accordance with Section 73 Paragraph 5. The Law.
All respondents, including individual co-respondents, are legally obliged under Section 73 (1) (B) (II) of the Companies Act 2006 not to initiate or allow any steps that are calculated in such a way that another company is registered with an offensive name ; This includes the current company. Failure to comply can result in a court disregard lawsuit and result in imprisonment.
SCREWFIX DIRECT LIMITED is entitled to a contribution towards its costs upon success. I order SCREWFIX ROOFING & GUTTERING LTD and Wesley Patrick Stokes who are jointly and severally liable to pay the costs for SCREWFIX DIRECT LIMITED on the following basis:
Registration fee: £ 400
Case description: £ 400
Total: £ 800
This amount must be paid within seven days of the expiry of the appeal period or within seven days of the final determination of the case if an appeal against this decision is unsuccessful.
This decision to order a name change must be appealed within one month of the date of this order. The appeal is to be made to the High Court in England, Wales and Northern Ireland and the Court of Session in Scotland.
The company judge must be informed if an appeal is lodged in order to suspend the execution of the contract.
March 30, 2021
Company name Adjudicator