Barclays Bank PLC v Dylan & Ors [2024] EWHC 881 (Ch) (20 March 2024)

Barclays Bank PLC v Dylan & Ors [2024] EWHC 881 (Ch) (20 March 2024)

Adjournment refused due to lack of adequate, current, and independent medical evidence; extended disclosure ordered including the 'third purported restructure' as it is relevant to the pleaded issues; costs order made against defendants due to their failure to engage properly with the process.

Citation
[2024] EWHC 881 (Ch)
Parties
Claimant/respondent: Barclays Bank PLC; Defendant: Scott Dylan; Defendant: Gareth Michael Dylan; Defendant: Sally Ann Glover; Defendant: David Samuel Antrobus; Defendant: OLD3 Limited (in administration) (Previously Fresh Thinking Group Ltd); Defendant: Jack Mason; Defendant: OLD3 Limited (in administration) (Previously Inc Travel Group Ltd)
Jurisdiction
England and Wales
Judgment Date
20 March 2024
Procedural Posture
Civil (business and Property Courts) / Disclosure Guidance/directions Hearing and Summary Assessment of Costs
Outcome
Adjournment application refused; extended disclosure ordered; costs order made against defendants.
Legal Topics
Disclosure, Adjournment, Costs, Privilege Against Self Incrimination, Case Management
Civil Procedure Banking and Finance Company Law Disclosure Adjournment Costs Privilege Against Self Incrimination Case Management

Case Brief

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Parties

Barclays Bank PLC

Claimant/respondent

Scott Dylan

Defendant

Gareth Michael Dylan

Defendant

Sally Ann Glover

Defendant

David Samuel Antrobus

Defendant

OLD3 Limited (in administration) (Previously Fresh Thinking Group Ltd)

Defendant

Jack Mason

Defendant

OLD3 Limited (in administration) (Previously Inc Travel Group Ltd)

Defendant

Procedural Posture

Civil (business and Property Courts) / Disclosure Guidance/directions Hearing and Summary Assessment of Costs

Legal Issues

  1. 1 Whether to adjourn the disclosure hearing due to medical grounds of defendants
  2. 2 Whether the 'third purported restructure' should be included as an issue for disclosure
  3. 3 Appropriate directions for extended disclosure

Ratio Decidendi

Adjournment refused due to lack of adequate, current, and independent medical evidence; extended disclosure ordered including the 'third purported restructure' as it is relevant to the pleaded issues; costs order made against defendants due to their failure to engage properly with the process.

Court Disposition

Adjournment application refused; extended disclosure ordered; costs order made against defendants.

Orders

  • Extended disclosure to proceed including the 'third purported restructure' as an issue for disclosure.
  • Defendants to pay 30% of claimant's costs of the hearing, jointly and severally, summarily assessed at £17,400 inclusive of VAT.