Insolvency Notices


Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
06/06/2018
Edition
The London Gazette
Notice ID
3043338
Notice Code
2403

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

RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016

MISTER WOODS COFFEE BROADWAY LIMITED

08361424

Principal trading address: 142 The Broadway, North Shields, Tyne and Wear, NE30 3RT

MISTER WOODS COFFEE TYNEMOUTH LIMITED

07893761

Principal trading address: 1-2 King Edwards Court Tynemouth Tyne and Wear NE30 4DZ

MISTER WOODS COFFEE NORTH SHIELDS LIMITED

07893796

Principal trading address: 3b Railway Street North Shields Tyne and Wear NE29 6QD

MISTER WOODS COFFEE WALLSEND LIMITED

08361359

Principal trading address: The Forum Shopping Centre, Segedunum Way, Wallsend, Tyne and Wear, NE28 8JN

Trading Name: Trading Names for all the above-named companies: Mister Woods Coffee; Woods Coffee

Registered office: Registered office for all the above-named companies: RMT, Gosforth Park Avenue, Newcastle Upon Tyne, United Kingdom, NE12 8EG

On 18 May 2018 each of the above-named companies went into insolvent liquidation.

I, Dianne Elizabeth Smallwood of 142 The Broadway, North Shields, Tyne and Wear, NE30 3RT, was a director of each of the above-named companies during the 12 months ending with the day before they went into liquidation.

I give notice that it is my 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 insolvent companies under the following names:

Mister Woods Coffee

Woods Coffee

I would otherwise not be permitted to undertake those activities without the leave of the Court or the application of an exception created by Rules made under the Insolvency Act 1986 and a breach of the prohibition created by section 216 is a criminal offence.

Rule 22.5 - Statement as to the effect of the notice under rule 22.4(2):

“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 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”.