An island businessman’s damages claim against a government department over the registering of rival company name has been struck out.

Richard Christian claimed the Companies Registry had failed to apply a duty of care by allowing a company with a near identical name to his own to be registered in the island.

He took his case to the small claims court against the Department of Economic Development - now renamed the Department for Enterprise - for personal injury and damages totalling £5,000.

But the court has struck out all but one of his claims, ruling two of them not valid and one that it should properly be made as a doleance application.

Mr Christian, who also runs Island Fire which supplies fire extinguishers and alarms, registered Walker Fire as a business name in January last year.

But in May the DED approved an application by Walker Fire (UK) Limited for use as a business name here in the island, despite Mr Christian raising concerns.

The Companies Registry threatened to de-register his company, saying it had ’reasonable cause’ to believe that he ’may not be genuinely carrying on a business in the name of Walker Fire’.

It warned him that failure to notify the department if a company ceases or never began trading risked criminal sanction.

A letter from the Attorney General’s chambers subsequently said it would not be proceeding with the de-registration after the claimant provided evidence that his company was ’operating’.

In his claim, Mr Christian, of Bromet Road, Castletown, said: ’The Companies Registry, although fully knowing my concerns, permitted Walker Fire UK to register a business name exactly identical to my own Walker Fire, operating in exactly the same business field.

’By permitting Walker Fire UK to register a business name many months after my company commenced operating in the Isle of Man was a direct breach of duty and duty of care.

’I believe the decision was taken maliciously.’

Mr Christian also claimed damages and distress for the DED failing to comply with the Data Protection Act by not supplying his personal data to which he was entitled.

The DED admitted liability over the delay in supplying the data but denied it had a duty of care to the claimant.

Deemster Sharon Roberts stuck out all the claims except the one relating to damages for non-compliance with the Date Protection Act.

In relation to registering of Walker Fire (UK) Limited, she said: ’It is plain and obvious to me that if there is any claim then it is claim for doleance. I find that the small claims court has no jurisdiction to hear an application for doleance.’

Mr Christian said he intends to appeal.

Fire protction equipment suppier Walker Fire UK was founded in 1940.