Insolvency Notices


Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
07/06/2019
Edition
The London Gazette
Notice ID
3297037
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

THOMAS MAXWELL PTY LIMITED

Trading Name: THE BLUE QUAILS DELI

10014486

Registered office: Wilson Field, The Manor House, 260 Ecclesall Road South, Sheffield, S11 9PS

Principal trading address: Former Trading address: First Floor, 39 Gay Street, Bath, BA1 2NT

On 2 April 2019, the above-named Company entered into insolvent Liquidation and Fiona Grant and Robert Neil Dymond of Wilson Field Limited, The Manor House, 260 Ecclesall Road South, Sheffield, S11 9PS were appointed as Joint Liquidators.

We, Jason Kirk Christopher Shaw and Michelle Esmee Vogels Shaw of 47 Upper East Hayes, Bath, BA1 6LP 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 entity of Blue Quails Deli Limited (CRN: 11584178) which may use the name or trading style "The Blue Quails Deli" or "Blue Quails Deli".

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 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 persons giving the notice are already the directors of a company which proposes to adopt a prohibited name.