Insolvency Notices

Company

C P BERRY GROUNDWORKS LIMITED

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
03/09/2018
Edition
The London Gazette
Notice ID
3100646
Notice Code
2403

NOTICE TO CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME

RULE 22.4 OF THE INSOLVENCY RULES 2016

C P BERRY GROUNDWORKS LIMITED

04568904

Registered office: Newstead House, Pelham Road, Sherwood Rise, Nottingham, NG5 1AP

On 20 August 2018, Ruth Elizabeth Harris and Nicola Jane Kirk of Abbey Taylor Limited, Unit 6, Twelve O'clock Court, Attercliffe Road, Sheffield, S4 7WW were appointed as Joint Administrators of the above-named Company.

We, Carl Peter Berry and Karen Jane Hall of Newstead House, Pelham Road, Sherwood Rise, Nottingham, NG5 1AP, are directors of the above-named Company.

We give notice that it is our intention to act in one or more 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 the whole or substantially the whole of the business of the above-named Company under the name CPB GW Ltd (CRN: 11450017) which may use the name or trading styles "CPB", "CPB GW", "CP Berry Groundworks" or "CPB Groundworks".

We may not otherwise be permitted to undertake these activities without the leave of the Court or the application of an exception created by the Insolvency (England and Wales) Rules 2016 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 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.