ESS Production Ltd (In Administration) v Sully

LORD JUSTICE AULD LORD JUSTICE CHADWICK and LADY JUSTICE ARDEN ____________________

(Transcript of the Handed Down Judgment of Smith Bernal Wordwave Limited, 190 Fleet Street London EC4A 2AG Tel No: 020 7421 4040, Fax No: 020 7831 8838 Official Shorthand Writers to the Court)

Aubrey Craig (instructed by Messrs Bell Pope) for the Appellant Timothy Mayer (instructed by Messrs Blake Lapthorn Linnell) for the Respondent ____________________

i) that Mr Sully was at all material times a director of the liquidating company and of the prohibited name company;

ii) that the name "ESS Solutions" was a prohibited name for the purpose of section 216; and