ORDER under the Companies Act 2006

In the matter of application

No. 1595 by PRESSURE TECHNOLOGIES PLC

For a change of company name of registration

No. 10679167

DECISION

The company name CHESTERFIELD BIOGAS UK LTD has been registered since 20 March 2017 under number 10679167.

By an application filed on 6 November 2017, PRESSURE TECHNOLOGIES PLC 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 29 November 2017 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. On the same date, the Tribunal wrote to Mr Simon Harris (the respondent’s Director) to inform him that the applicant had requested that he be joined to the proceedings.  The letter to Mr Harris was returned marked “Simon Harris has gone to South Africa”. No reply was received from the primary respondent.  The letter to Mr Harris was re-issued by standard mail. No reply was received. On 16 February 2018, Mr Simon Harris was joined as a co-respondent and the parties were subsequently 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 letters to the respondent and co-respondent were returned and were re-issued on 21 March 2018. 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)	CHESTERFIELD BIOGAS UK LTD shall change its name within one month of the date of this order to one that is not an offending name;

	(b)	CHESTERFIELD BIOGAS UK LTD and Mr Simon Harris 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 these orders, 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. 

PRESSURE TECHNOLOGIES PLC having been successful, are entitled to a contribution towards their costs.  I order CHESTERFIELD BIOGAS UK LTD and Mr Simon Harris, being jointly and severally liable, to pay PRESSURE TECHNOLOGIES PLC 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 4^th day of June 2018

Oliver Morris
Company Names Adjudicator