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

LeedsCity of BristolWiltshireBA15 1FW51.345574-2.239563BS2 0QW51.451308-2.573919LS12 4JF53.792271-1.596216Insolvency Act 1986THE INSOLVENCY (ENGLAND AND WALES) RULES 2016the Insolvency (England and Wales) Rules 20162021-02-052021-02-19TSO (The Stationery Office), customer.services@thegazette.co.uk374118963273

M.I.E. MEDICAL RESEARCH LIMITED

01701634

(IN LIQUIDATION)

NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME PURSUANT TO RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016 ("RULES")

We refer to the creditors voluntary liquidation pursuant to the Insolvency Act 1986 (“Act”) on 5 February 2021 of M.I.E. Medical Research Limited (with company registration number 01701634) (“Company”).

The Company’s registered address was 6 Wortley Moor Rd, Leeds, West Yorkshire, LS12 4JF. The Company traded from 6 Wortley Moor Rd, Leeds, West Yorkshire, LS12 4JF and Studio 5, Kingsland Studios, 157 -179 Kingsland Road, Bristol, BS2 0QW and sold and marketed products under the names “FitQuest”, “Myodat”, “Digital Myometer”, “Digital Pinch/Grip Analyser”, “MT20”, “DL20”, “DL8”, “MyoDat”, “Sharktooth”, “Provec”, “Leeds Dactylometer”, “Clinical Goniometer”, “H-Wave” and “Vet-Wave” (“Product Names”) that are owned by the Company and some of which are trademarked.

The Company went into insolvent liquidation on 5 February 2021.

We:

(1) James Graham of Sackville Court Barn, Newtons Hill, Hartfield, East Sussex T7 4DH; and

(2) Brian Firth of 37 Benjamin Street, Bradford-on-Avon, BA15 1FW, were directors of the Company during the 12 months ending with the date upon which the Company went into liquidation and remained as directors of the Company on the day it went into liquidation.

1. NOTICE OF RE-USE OF COMPANY NAME

As set out in section 2 below, section 216(3) of the Act restricts when directors of a company in insolvent liquidation may be involved in the management of a company with the same or similar name.

We are directors of Human Measurement Solutions Limited (“HMS”). We hereby give notice that we intend to act in one or more of the ways to which the restrictions in section 216(3) of the Act would apply by carrying on of the whole or substantially the whole of the business of the Company by continuing to market and sell products under the following names: FitQuest, Myodat, Digital Myometer, Digital Pinch/Grip Analyser, MT20, DL20, DL8, MyoDat, Sharktooth, Provec, Leeds Dactylometer, Clinical Goniometer, H-Wave and Vet-Wave, as Human Measurement Solutions Limited.

It should be noted that we 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 Act. Breach of the prohibition created by section 216 of the Act is a criminal offence.

2. EFFECT OF NOTICE OF RE-USE OF COMPANY NAME (Rule 22.5 - Statement as to the effect of this notice under Rule 22.4(2) of the Rules)

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 2403/13 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 in pursuance of 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 the giving of 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.