The High Court has ruled that the statutory exception allowing some companies to continue using a prohibited name after insolvent liquidation does not extend to sole traders.
In a judgment illustrating how insolvency disputes can turn on the precise wording of statutory provisions, the High Court has ruled that the third exception to the prohibition on the re-use of company names following insolvent liquidation applies only to companies and not to sole traders.
Handing down judgment today (9 July), Mr Justice Fordham dismissed an appeal brought by Brian English, holding that the court could not reinterpret the Insolvency (England and Wales) Rules 2016 to extend the exception beyond its clear wording. The decision confirms that…