O-367-18 

ORDER under the Companies Act 2006

In the matter of application

No. 1646

For a change of company name of registration

No. 11031076

DECISION

The company name ROTHSCHILDURQUHART LIMITED has been registered since 25 October 2017 under number 11031076.

By an application filed on 20 December 2017, 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 19 January 2018, 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.  The letter was returned marked “addressee gone away”.  A copy of the application was then sent by standard mail.  This letter was also returned. 

On 15 March 2018, 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.  The letter to the primary respondent was returned marked “Addressee gone away”. 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)	ROTHSCHILDURQUHART LIMITED shall change its name within one month of the date of this order to one that is not an offending name; 

(b)	ROTHSCHILDURQUHART LIMITED shall:

(i)  take such steps as are within its 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.

N. M. ROTHSCHILD & SONS LIMITED having been successful, are entitled to a contribution towards their costs.  They have asked for full compensatory costs. However, as set out in the Practice Direction, the Tribunal operates a scale of costs, which are intended to be a contribution. Therefore, applying the scale, I order ROTHSCHILDURQUHART LIMITED to pay N. M. ROTHSCHILD & SONS 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 this 18th day of  June 2018

Al Skilton
Company Names Adjudicator