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11 September 2008
Issue: 7336 / Categories: Features , Civil way , Procedure & practice
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Civil way: 12 September 2008

Procedure & practice

Objections to a company's registered name (because it is the same as one in which the objector has goodwill or is so like such a name that it is likely to mislead) are to be determined under the Companies Act 2006 (CA 2006), ss 69 and 70 which come into force on 1 October 2008.

The provisions are aimed at the opportunists who have in mind merger talks between New Law Journal and Penthouse and might otherwise be quick off the mark to register New Law Penthouse Ltd and possibly Civil Way Naked Ltd for good measure. Companies House will not deal with the opportunist but only with “too like” or “same as” registrations.

And so it is that the Company Names Adjudicator Rules 2008 (SI 2008/1738) come into force on the same date. The rules are modelled on the Registered Designs Rules 2008 and, indeed, members of the Registrar of Trade Marks Tribunal will be doubling as the first adjudicators on company names. They may make an order to

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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