Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name

Insolvency Act 1986-2.49192453.192289CW7 3PZCheshire West and Chester2017-08-312017-09-05TSO (The Stationery Office), St Crispins, Duke Street, Norwich, NR3 1PD, 01603 622211,





Registered office: 7 Road One, Winsford Industrial Estate, Winsford, Cheshire, England, CW7 3PZ

On 31 August 2017 the above-named company went into administration, and is likely to enter liquidation within the six months following that date. I, ANTHONY THOMAS ROSS REILLY of 7 Road One, Winsford Industrial Estate, Winsford, Cheshire, England, CW7 3PZ was a director of the above-named company during the 12 months ending with the day before it went into administration but not on the day it went into administration. I give notice that it is my intention continue to act in one or more of the ways specified in section 216(3) of the Insolvency Act 1986 (IA 1986) in connection with, or for the purposes of, the carrying on of the whole or substantially the whole of the business of the insolvent company under following the names and trading styles by which the company has been known or under which the company has traded:

1 "Entu"

2 "Job Worth Doing"

3 "Weatherseal"

4 "Spectrum"

5 "Weatherseal the Pride of the Nation"

6 "Weatherseal Windows and Doors"

7 "Weatherseal Conservatories"

8 "Weatherseal Home Improvements"

9 "Window Care"

10 "Myhouse Shared Services"

11 "My House"

12 "S H G"

13 "S H G Estd 1970"

14 "St Helens Glass"

15 "Penicuik Home Improvements"

16 "Penicuik"

17 "Zenith Staybrite"

18 "Zenith"

19 "Staybrite"

20 "Ecobrite"

21 "Claritherm"

22 "Ecotherm"

23 "Ec Therm"

24 "Zenith your home. Improved"

25 "Eco Therm"

26 "Staybrite Solar"

Without the issue of this notice, I would not otherwise be able to undertake these activities without the leave of the court or the application of an exception created by the Rules made under IA 1986. Breach of the prohibition created by Section 216 IA 1986 is a criminal offence.

Section 216(3) of the Insolvency Act 1986 lists the activities that a director of a company that has gone into insolvent liquidation may not undertake unless the court gives permission or there is an exception in the Insolvency Rules made under the Insolvency Act 1986. (This includes the exceptions in Part 22 of the Insolvency (England and Wales) Rules 2016.) These activities are—

(a) acting as a director of another company that is known by a name which is either the same as a name used by the company in insolvent liquidation in the 12 months before it entered liquidation or is so similar as to suggest an association with that company;

(b) directly or indirectly being concerned or taking part in the promotion, formation or management of any such company; or

(c) directly or indirectly being concerned in the carrying on of a business otherwise than through a company under a name of the kind mentioned in (a) above.

This notice is given under rule 22.4 of the Insolvency (England and Wales) Rules 2016 where the business of a company which is in, or may go into, insolvent liquidation is, or is to be, carried on otherwise than by the company in liquidation with the involvement of a director of that company and under the same or a similar name to that of that company.

The purpose of giving this notice is to permit the director to act in these circumstances where the company enters (or has entered) insolvent liquidation without the director committing a criminal offence and in the case of the carrying on of the business through another company, being personally liable for that company’s debts.

Notice may be given where the person giving the notice is already the director of a company which proposes to adopt a prohibited name.