Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
NOTICE PURSUANT TO SECTION 216 OF THE INSOLVENCY ACT 1986 AND RULE 12.4 OF THE INSOLVENCY (SCOTLAND) (RECEIVERSHIP AND WINDING UP) RULES 2018
IN RESPECT OF
EL PERRO NEGRO GLASGOW LIMITED
In Liquidation
Company Number: SC547680
Trading Name: EL Perro Negro
Registered office: Pavilion 2, Finnieston Business Park, Minerva Way, Glasgow, G3 8AU
Principal trading address: 152 Woodlands Road, Glasgow, G3 6LF
The Directors: Nicholas Peter Watkins, Peter Matthew McKenna and Peter Martin Read
The above-named company entered into insolvent liquidation on 31 October 2025
Section 216(3) of the Insolvency Act 1986 (the "Act") 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 Act. (This includes the exceptions in Part 12 of the Insolvency (Scotland) (Receivership and Winding up) Rules 2018.) 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.
(together "the Activities").
This notice is given under rule 12.4 of the Insolvency (Scotland) (Receivership and Winding up) Rules 2018 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 Directors to act in these circumstances where the company enters (or has entered) insolvent liquidation without the directors 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.
It is the intention of the Directors to act, or continue to act, in all or any of the ways specified in section 216(3) of the Act in connection with, or for the purposes of, the carrying on of the whole or substantially the whole of the business of El Perro Negro Glasgow Limited ("Insolvent Company").
It is the intention of the Directors:-
(i) to carry out the Activities in connection with EPN Woodlands Ltd, a company incorporated in Scotland with registered number SC823987 and having its registered office at Pavilion 2, Finnieston Business Park, Minerva Way, Glasgow, G3 8AU; and
(ii) that EPN Woodlands Ltd would carry on business using the name "El Perro Negro" (the "Name").
The Name is, would be, or may be, a prohibited name (within the meaning of section 216(2) of the Act) in respect of the Directors. The Directors would not be permitted to undertake the Activities without the leave of the court or the application of an exemption created by Rules made under the Act. Breach of the prohibition created by section 216 of the Act is a criminal offence.
Annette Menzies was appointed as Liquidator of the Insolvent Company (the "Liquidator") on 31 October 2025. The Directors were directors of the Insolvent Company on that date.
On 3 November 2025, EPN Woodlands Ltd entered into an agreement to acquire the whole, or substantially the whole, of the business and assets of the Insolvent Company from the Insolvent Company under arrangements made by the Liquidator as Liquidator of the Insolvent Company
