Barclays Bank PLC v Dylan & Ors [2024] EWHC 2043 (Ch) (31 July 2024)

Barclays Bank PLC v Dylan & Ors [2024] EWHC 2043 (Ch) (31 July 2024)

There is a real risk that Mr. Mason will abscond and not attend the sentencing hearing, given his conduct in moving assets out of the jurisdiction in breach of court orders and relocating abroad. The absence of Mr. Mason would materially prejudice the sentencing hearing. The conditions for a passport order are satisfied.

Citation
[2024] EWHC 2043 (Ch)
Parties
Claimant/applicant: Barclays Bank PLC; Defendant/respondent: Scott Dylan; Defendant/respondent: David Samuel Antrobus; Defendant/respondent: Jack Mason
Jurisdiction
England and Wales
Judgment Date
31 July 2024
Procedural Posture
Civil (business and Property Courts) / Post Judgment Enforcement Application; Application for Passport Order and Permission to Appeal
Outcome
Passport order granted against Mr. Mason; application for permission to appeal refused.
Legal Topics
Passport Orders, Freezing Injunctions, Contempt of Court, Enforcement of Court Orders
Civil Procedure Enforcement of Judgments Passport Orders Freezing Injunctions Contempt of Court Enforcement of Court Orders

Case Brief

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Parties

Barclays Bank PLC

Claimant/applicant

Scott Dylan

Defendant/respondent

David Samuel Antrobus

Defendant/respondent

Jack Mason

Defendant/respondent

Procedural Posture

Civil (business and Property Courts) / Post Judgment Enforcement Application; Application for Passport Order and Permission to Appeal

Legal Issues

  1. 1 Whether the conditions for granting a passport order against Mr. Mason are satisfied
  2. 2 Whether there is a real risk that Mr. Mason will abscond and frustrate the sentencing hearing
  3. 3 Whether permission to appeal the passport order should be granted

Ratio Decidendi

There is a real risk that Mr. Mason will abscond and not attend the sentencing hearing, given his conduct in moving assets out of the jurisdiction in breach of court orders and relocating abroad. The absence of Mr. Mason would materially prejudice the sentencing hearing. The conditions for a passport order are satisfied.

Court Disposition

Passport order granted against Mr. Mason; application for permission to appeal refused.

Orders

  • Mr. Mason is restrained from leaving the jurisdiction until the sentencing hearing.
  • Mr. Mason must hand over all passports and travel documents to Barclays' solicitors, Eversheds Sutherland, to be held until the sentencing hearing or further order.