Barclays Bank PLC v Dylan & Ors (Application for freezing orders) [2021] EWHC 3873 (Ch) (29 October 2021)

Barclays Bank PLC v Dylan & Ors (Application for freezing orders) [2021] EWHC 3873 (Ch) (29 October 2021)

Freezing orders granted against all four personal defendants due to risk of dissipation and good arguable case in unjust enrichment; appointment of provisional liquidators for first to tenth respondent companies due to inability to pay debts, lack of proper governance, and risk to assets; eleventh respondent distinguished due to evidence of trading and lower debt.

Citation
[2021] EWHC 3873 (Ch)
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
Application for Freezing Orders and Appointment of Provisional Liquidators / Ex Parte Interim Application; Judgment on Both Applications
Outcome
Freezing orders granted against all four defendants; provisional liquidators appointed for first to tenth respondent companies; permission granted to present winding up petitions without fulfilling statutory notice conditions.
Legal Topics
Freezing Injunctions, Provisional Liquidation, Unjust Enrichment, Breach of Contract, Deceit, Risk of Dissipation, Corporate Governance
Banking Law Insolvency Law Company Law Civil Procedure Freezing Injunctions Provisional Liquidation Unjust Enrichment Breach of Contract +3 more

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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

Application for Freezing Orders and Appointment of Provisional Liquidators / Ex Parte Interim Application; Judgment on Both Applications

Legal Issues

  1. 1 Whether the requirements for freezing orders are met 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 against all four personal defendants due to risk of dissipation and good arguable case in unjust enrichment; appointment of provisional liquidators for first to tenth respondent companies due to inability to pay debts, lack of proper governance, and risk to assets; eleventh respondent distinguished due to evidence of trading and lower debt.

Court Disposition

Freezing orders granted against all four defendants; provisional liquidators appointed for first to tenth respondent companies; permission granted to present winding up petitions without fulfilling statutory notice conditions.

Orders

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