Prohibited names—key cases


Published by a ½Û×ÓÊÓƵ Restructuring & Insolvency expert
Practice notes

Prohibited names—key cases


Published by a ½Û×ÓÊÓƵ Restructuring & Insolvency expert

Practice notes

This Practice Note sets out certain key cases and associated relevant content in relation to the prohibited name rule under section 216 of the Insolvency Act 1986 (IA 1986), the consequences of breaching IA 1986, s 216 and the exceptions to that general rule. The cases are divided by topic area and include:

  1. •

    who is bound by IA 1986, s 216?

  2. •

    what names are restricted?

  3. •

    what is restricted?

  4. •

    penalties for breach of IA 1986, s 216:

    1. â—¦

      civil sanctions

    2. â—¦

      criminal sanctions

  5. •

    avoiding liability under IA 1986, s 216:

    1. â—¦

      obtaining leave of the court

    2. â—¦

      established name

Who is bound by IA 1986, s 216?

Names of partiesJudgment dateCase summaryRelevant content
Re Newtons Coaches [2016] EWHC 3068 (Ch), [2016] All ER (D) 109 (Dec)29 November 2016IA 1986, s 216 does not apply to a partnership but only to a ‘company’ which may be wound up under IA 1986, Pt V.

Limited liability partnerships are to be treated as a company
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Jurisdiction(s):
United Kingdom

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