Decision

Decision on TR33 Patios & Landscaping

Published 27 February 2026

Order under the Companies Act 2006

In the matter of application No. 5565

For a change of company name of registration No. 16549209

Decision

The company name TR33 PATIOS & LANDSCAPING LTD has been registered since 30 June 2025 under number 16549209.

By an application filed on 29 August 2025, TR33 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 1 October 2025, in accordance with rule 3(2) of the Company Names Adjudicator Rules 2008. The copy of the application was sent by Royal Mail UK “Tracked 48 With Signature” service. On 1 October 2025, the Tribunal wrote to Ryan Carstensen to inform them that the applicant had requested that they be joined to the proceedings. On 11 December 2025, Ryan Carstensen was joined as a co-respondent. On 11 December 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 two 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) TR33 PATIOS & LANDSCAPING LTD shall change its name within one month of the date of this order to one that is not an offending name;

(b) TR33 PATIOS & LANDSCAPING LTD and Ryan Carstensen 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.

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.

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.

All respondents, including individual co-respondents, have a legal duty under Section 73(1)(b)(ii) of the Companies Act 2006 not to cause or permit any steps to be taken calculated to result in another company being registered with an offending name; this includes the current company. Non-compliance may result in an action being brought for contempt of court and may result in a custodial sentence.

The applicant is requesting 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:

No correspondence was sent in relation to this specific registration. However, multiple correspondences were sent to Carstensen regarding his use of TR33 and a prior company name. A cost award is requested, given this is a special circumstance as Carstensen has continued to disobey a Court Order and swift action is needed.

Further, at paragraph 15 of its Form CNA1, (“What action do you want the Tribunal to take?”) the applicant states:

Cost award in favour of the applicant. Further to the company name change of 12808223 Limited and sealed court order, the applicant seeks a full costs award and submits this is a special circumstance whereby the Respondent is aware that the registration of the company name is an abusive registration. The applicant has already invested substantial resources and time to enforce their court order and stop continued infringing actions.

At paragraph 16 of its Form CNA1, (“Please provide any other information you may have that you consider relevant to this application”) the applicant states:

Furthermore, the applicant successfully sought a court order against the respondent’s Director, to cease use of TR33 and change a prior company registration. The applicant had to apply to the court to enable the court to change the prior company name to 12808223 LIMITED. The use of the company name is a flagrant breach of the Court Order and the registration of the disputed Company Name is clearly an abusive registration and another continued attempt to take unfair advantage and cause damage to the applicant’s goodwill and reputation.

On 22 January 2026, the adjudicator issued a preliminary view that in the light of these circumstances, the Tribunal accepted the applicant’s reasons for not providing prior warning to the primary respondent and should be entitled to a total contribution towards its costs amounting to £900, this being £400 fee for the application and £500 for preparing its statement of case. 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.

In the light of these circumstances and the applicant having been successful, I order TR33 PATIOS & LANDSCAPING LTD and Ryan Carstensen, being jointly and severally liable, to pay TR33 LIMITED costs on the following basis:

Fee for application: £400
Statement of case: £500

Total: £900

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 27 February 2026  

Susan Eaves
Company Names Adjudicator