Decision

Decision on CSC Construction Ltd

Published 17 June 2025

Order under the Companies Act 2006

In the matter of application No. 5267

For a change of company name of registration No. 16054320

Decision

The company name CSC CONSTRUCTION LTD has been registered since 1 November 2024 under number 16054320.

By an application filed on 24 January 2025, CONSTRUCTION SKILLS CERTIFICATION SCHEME LIMITED applied for a change of name of this registration under the provisions of section 69(1) of the Companies Act 2006 (the Act).

A copy of this application was sent to the primary respondent’s registered office on 3 March 2025, in accordance with rule 3(2) of the Company Names Adjudicator Rules 2008. The copy of the application was sent by Royal Mail “Special Delivery” service and also by standard mail. On 15 April 2025, the parties were advised that no defence had been received to the application and so the adjudicator may treat the application as not being opposed. The parties were granted a period of 14 days to request a hearing in relation to this matter, if they so wished. No request for a hearing was made.

The primary respondent did not file a defence within the one month period specified by the adjudicator under rule 3(3). Rule 3(4) states:

The primary respondent, before the end of that period, shall file a counter-statement on the appropriate form, otherwise the adjudicator may treat it as not opposing the application and may make an order under section 73(1).

Under the provisions of this rule, the adjudicator may exercise discretion so as to treat the respondent as opposing the application. In this case I can see no reason to exercise such discretion and, therefore, decline to do so.

As the primary respondent has not responded to the allegations made, it is treated as not opposing the application. Therefore, in accordance with section 73(1) of the Act I make the following order:

(a) CSC CONSTRUCTION LTD shall change its name within one month of the datete of this order to one that is not an offending name; ^{[footnote 1]}

(b) CSC CONSTRUCTION LTD shall:

(i) take such steps as are within their power to make, or facilitate the making, of that change;

(ii) not cause or permit any steps to be taken calculated to result in another company being registered with a name that is an offending name.

In accordance with s.73(3) of the Act, this order may be enforced in the same way as an order of the High Court or, in Scotland, the Court of Session.

In any event, if no such change is made within one month of the date of this order, I will determine a new company name as per section 73(4) of the Act and will give notice of that change under section 73(5) of the Act.

CONSTRUCTION SKILLS CERTIFICATION SCHEME LIMITED, having been successful is entitled to its costs. In response to question 7 on the Form CNA 1 (“Did you warn the company that if it did not change its name that you would start legal proceedings against it? If “yes” when did you warn the company?”), the applicant states: “Yes – 17 December 2024”.

However, the respondent CSC CONSTRUCTION LTD, contacted the Tribunal by email dated 21 March 2025 and stated that it did not receive the applicant’s pre action notice letter dated 17 December 2024. The respondent also advises that it has experienced issues regarding its electronic communications leading to it being unable to access its emails, but it confirms the availability of “multiple methods of contact” including its postal address. The respondent states that no attempt was made by the applicant to contact it via these alternative means, but that had it done so, it would have taken steps to change the company name.

In response to a request by the Tribunal, the applicant subsequently provided a copy of its pre action letter to the respondent, together with proof that it had been sent by Royal Mail “Special Delivery” service on 17 December 2024, with a tracking number of SP663654283GB and that it had been delivered to the respondent’s registered office address on 18 December 2024. In the light of the information that has been provided by the applicant, on 15 May 2025, the adjudicator issued a preliminary view that the applicant has attempted to ensure effective communication to the respondent prior to making its application and although the respondent has maintained that it did not receive the applicant’s letter, this ought not, in the circumstances prevent the applicant from receiving its costs. The parties were granted a period of 14 days to request a hearing in relation to this matter, if they so wished. No request for a hearing was made.

I order CSC CONSTRUCTION LTD, to pay CONSTRUCTION SKILLS CERTIFICATION SCHEME LIMITED costs on the following basis:

Fee for application: £400
Statement of case: £400

Total: £800

This sum is to be paid within seven days of the expiry of the appeal period or within seven days of the final determination of this case if any appeal against this decision is unsuccessful.

Any notice of appeal against this decision to order a change of name must be given within one month of the date of this order. Appeal is to the High Court in England, Wales and Northern Ireland and to the Court of Session in Scotland.

The company adjudicator must be advised if an appeal is lodged, so that implementation of the order is suspended.

Dated 12 June 2025

Susan Eaves
Company Names Adjudicator

1. An “offending name” means a name that, by reason of its similarity to the name associated with the applicant in which he claims goodwill, would be likely to be the subject of a direction under section 67 (power of Secretary of State to direct change of name), or to give rise to a further application under section 69. ↩