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

Insolvency Act 19862017-12-132018-01-122018-01-11The Borough of Cheltenham-2.08659051.896757GL50 2JRInsolvency Act 1986, s. 216TSO (The Stationery Office), St Crispins, Duke Street, Norwich, NR3 1PD, 01603 622211,



Trading Name: The Grill Shed

Registered office: 5th Floor, Grove House, 248a Marylebone Road, London, NW1 6BB

Principal trading address: Unit B, Merchants Quay, The Docks, Gloucester, GL1 2EW

Notice to creditors of an insolvent company of the re-use of a prohibited name.

Rule 22.4(2) of The Insolvency (England and Wales) Rules 2016.

On 13 December 2017 the above Company was placed into Liquidation.

I, Paul Doran-Jones of Flat 18 Evelyn Court, Malvern Road, Cheltenham, GL50 2JR hereby give notice to the creditors of the Company that it is my intention to act in all or any of the ways specified in section 216(3) of the Insolvency Act 1986 (as amended), in connection with, or for the purposes of, carrying on the whole or substantially the whole of the business of the insolvent company, under the following name: The Grill Shed.

It should be noted that I would not otherwise be permitted to undertake those activities without the leave of the court or the application of an exception created by the Rules made under the Insolvency Act 1986. Breach of the prohibition created by section 216 of the Insolvency Act 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 1986).

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.

Ag QF100579