Barclays Bank PLC v Scott Dylan & Ors

Barclays Bank PLC v Scott Dylan & Ors

Freezing orders granted as there is a good arguable case for unjust enrichment and real risk of dissipation of assets by the defendants. Provisional liquidators appointed for the respondent companies due to inability to pay undisputed debts, lack of proper governance, and risk to assets. Permission granted to present winding up petitions without statutory notice requirements to prevent asset removal.

Parties
Claimant/applicant: Barclays Bank PLC; Defendant/respondent: Scott Dylan; Defendant/respondent: Second Defendant (Partner of Scott Dylan); Defendant/respondent: Third Defendant (Aunt of Scott Dylan); Defendant/respondent: Fourth Defendant (Business associate of Scott Dylan); Respondents: Oldcoa Ltd (formerly Prop Co A Ltd) & 10 Ors.
Jurisdiction
England and Wales
Judgment Date
29 October 2021
Procedural Posture
Civil / Ex Parte Application for Freezing Orders and Appointment of Provisional Liquidators
Outcome
Freezing orders granted against defendants; provisional liquidators appointed for first to tenth respondent companies; permission granted to present winding up petitions without fulfilling conditions B and C.
Legal Topics
Freezing Orders, Provisional Liquidators, Unjust Enrichment, Corporate Governance, Breach of Contract, Deceit
Banking Law Insolvency Law Civil Procedure Freezing Orders Provisional Liquidators Unjust Enrichment Corporate Governance Breach of Contract +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Barclays Bank PLC

Claimant/applicant

Scott Dylan

Defendant/respondent

Second Defendant (Partner of Scott Dylan)

Defendant/respondent

Third Defendant (Aunt of Scott Dylan)

Defendant/respondent

Fourth Defendant (Business associate of Scott Dylan)

Defendant/respondent

Oldcoa Ltd (formerly Prop Co A Ltd) & 10 Ors.

Respondents

Procedural Posture

Civil / Ex Parte Application for Freezing Orders and Appointment of Provisional Liquidators

Legal Issues

  1. 1 Whether freezing orders should be granted against the defendants
  2. 2 Whether provisional liquidators should be appointed for the respondent companies
  3. 3 Whether there is a good arguable case for claims in deceit, breach of contract, and unjust enrichment

Ratio Decidendi

Freezing orders granted as there is a good arguable case for unjust enrichment and real risk of dissipation of assets by the defendants. Provisional liquidators appointed for the respondent companies due to inability to pay undisputed debts, lack of proper governance, and risk to assets. Permission granted to present winding up petitions without statutory notice requirements to prevent asset removal.

Court Disposition

Freezing orders granted against defendants; provisional liquidators appointed for first to tenth respondent companies; permission granted to present winding up petitions without fulfilling conditions B and C.

Orders

  • Freezing orders against Scott Dylan, second, third, and fourth defendants.
  • Appointment of provisional liquidators for first to tenth respondent companies.