Barclays Bank PLC v Scott Dylan & Ors

Barclays Bank PLC v Scott Dylan & Ors

The court found, beyond reasonable doubt, that Mr Antrobus and Mr Mason knowingly assisted or permitted the transfer of assets and the release of security in breach of freezing orders, and that their explanations were false and deliberately misleading. The evidence established a joint enterprise to move assets...

Source-derived case information.

Parties
Applicant: Barclays Bank PLC; Respondent: Scott Dylan; Respondent: David Samuel Antrobus; Respondent: Jack Mason
Jurisdiction
England and Wales
Judgment Date
31 July 2024
Procedural Posture
Committal Application (civil Contempt) / Judgment on Liability
Outcome
Liability for contempt established against David Samuel Antrobus and Jack Mason on all charges; sentencing to follow.
Legal Topics
Contempt of Court, Freezing Orders, Asset Transfers, Corporate Governance, Breach of Court Orders
Civil Procedure Banking Law Company Law Contempt of Court Freezing Orders Asset Transfers Corporate Governance Breach of Court Orders

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Parties

Barclays Bank PLC

Applicant

Scott Dylan

Respondent

David Samuel Antrobus

Respondent

Jack Mason

Respondent

Procedural Posture

Committal Application (civil Contempt) / Judgment on Liability

Legal Issues

  1. 1 Whether Mr Antrobus and Mr Mason breached freezing orders by assisting or permitting asset transfers
  2. 2 Whether Mr Mason breached the freezing order by transferring his shares in ICGL
  3. 3 Whether Mr Antrobus assisted or permitted Mr Mason's breach

Ratio Decidendi

The court found, beyond reasonable doubt, that Mr Antrobus and Mr Mason knowingly assisted or permitted the transfer of assets and the release of security in breach of freezing orders, and that their explanations were false and deliberately misleading. The evidence established a joint enterprise to move assets offshore in which both were active participants, and adverse inferences were drawn from missing documents and the implausibility of their accounts.

Court Disposition

Liability for contempt established against David Samuel Antrobus and Jack Mason on all charges; sentencing to follow.

Orders

  • Mr Antrobus and Mr Mason found in contempt of court for breaches of the FTG and ITG Freezing Orders and the Mason Freezing Order.
  • Sentencing to be listed after 1 October 2024.