Insolvency Notices


Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
23/12/2019
Edition
The London Gazette
Notice ID
3457227
Notice Code
2403

INTENDED REUSE OF THE NAME BOB MARTIN

BOB MARTIN (UK) LIMITED

04380953

1. This notice is served in accordance with Rule 22.4(2) Insolvency Rules and has been given to every creditor of Bob Martin (UK) Limited ("the Company") that is known by Andrew Mark Cooke, Derek Laurence Evans, Andrew Michael Ford or Jeremy Paul Warne (the Directors) each of Wemberham Lane, Yatton, Bristol, Avon BS49 4BS or is ascertainable on the making of reasonable enquiries in the circumstances, and is published in the London Gazette.

2. On 26 November 2019 the Company entered into administration. At that time the Directors were directors of the Company. The business of the Company was bought by Pets Choice Limited.

3. 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 (England and Wales) Rules 2016 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.

4. 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.

5. The purpose of giving this notice is to permit the director to act in the 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.

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

7. The Directors will not be taken to have contravened Section 216 if this notice is given.

8. Please take notice that each of the Directors intends to act, or continue to act, in all or any of the ways specified in Section 216(3) of the Insolvency Act 1986 in connection with, or for the purposes of, the carrying on of substantially the whole of the business previously of the Company through their new roles within Pets Choice Limited.

9. Please note in addition that Georgina Melissa Martin of 3 Bunhill Row, London EC1Y 8YZ, a former director of the Company is also a director of Martin & Martin Holdings (Holdings). Holdings has granted a licence to Pets Choice Limited to use the "Bob Martin" brand and related brands.