Barclays Bank PLC v Dylan & Ors [2024] EWHC 1415 (Ch) (11 April 2024)

Barclays Bank PLC v Dylan & Ors [2024] EWHC 1415 (Ch) (11 April 2024)

The applications for adjournment and stay were refused because the defendants had sufficient opportunity to obtain legal representation and were properly advised of their rights. Any difficulties in preparation were the defendants' own responsibility. The costs of the applications and adjournment were ordered to be paid by the defendants.

Citation
[2024] EWHC 1415 (Ch)
Parties
Claimant/applicant: Barclays Bank PLC; First Defendant/respondent: Scott Dylan; Second Defendant/respondent: David Samuel Antrobus; Third Defendant/respondent: Jack Mason
Jurisdiction
England and Wales
Judgment Date
11 April 2024
Procedural Posture
Contempt Proceedings / Pre Trial Review; Applications for Adjournment and Further Evidence
Outcome
Applications for adjournment and stay refused; costs awarded against defendants.
Legal Topics
Adjournment, Legal Aid, Right to Silence, Costs
Civil Procedure Contempt of Court Adjournment Legal Aid Right to Silence Costs

Case Brief

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Parties

Barclays Bank PLC

Claimant/applicant

Scott Dylan

First Defendant/respondent

David Samuel Antrobus

Second Defendant/respondent

Jack Mason

Third Defendant/respondent

Procedural Posture

Contempt Proceedings / Pre Trial Review; Applications for Adjournment and Further Evidence

Legal Issues

  1. 1 Whether the defendants are entitled to an adjournment of the trial
  2. 2 Whether the defendants were properly advised regarding Legal Aid and right to silence
  3. 3 Responsibility for delays in obtaining legal representation

Ratio Decidendi

The applications for adjournment and stay were refused because the defendants had sufficient opportunity to obtain legal representation and were properly advised of their rights. Any difficulties in preparation were the defendants' own responsibility. The costs of the applications and adjournment were ordered to be paid by the defendants.

Court Disposition

Applications for adjournment and stay refused; costs awarded against defendants.

Orders

  • Claimant's costs of the application for further evidence to be costs in the application.
  • Defendants to pay costs of the applications for adjournment, stay, costs of today and yesterday, and costs thrown away by the adjournment.