Barclays Bank Plc v Scott Dylan & Ors

Barclays Bank Plc v Scott Dylan & Ors

The respondents had ample opportunity to respond to the claimant's evidence and failed to do so; any evidential difficulties are of their own making. The hearing would not be unfair if it proceeded as scheduled. The adjournment application is refused.

Parties
Claimant: Barclays Bank Plc; Defendant: Scott Dylan; Defendant: Gareth Michael Dylan; Defendant: Sally Ann Glover; Defendant: David Samuel Antrobus; Defendant: Fresh Thinking Group Limited; Defendant: James Mason; Defendant: INC Travel Group Limited
Jurisdiction
England and Wales
Judgment Date
05 July 2022
Procedural Posture
Civil (commercial/chancery) / Interlocutory Application (adjournment of Return Date for Continuation of Freezing Injunctions)
Outcome
Adjournment application refused; return hearing to proceed.
Legal Topics
Freezing Injunctions, Adjournment Applications, Interim Relief
Civil Procedure Commercial Law Freezing Injunctions Adjournment Applications Interim Relief

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Parties

Barclays Bank Plc

Claimant

Scott Dylan

Defendant

Gareth Michael Dylan

Defendant

Sally Ann Glover

Defendant

David Samuel Antrobus

Defendant

Fresh Thinking Group Limited

Defendant

James Mason

Defendant

INC Travel Group Limited

Defendant

Procedural Posture

Civil (commercial/chancery) / Interlocutory Application (adjournment of Return Date for Continuation of Freezing Injunctions)

Legal Issues

  1. 1 Whether the return hearing for continuation of freezing injunctions should be adjourned to allow respondents to serve further evidence
  2. 2 Whether the respondents would suffer unfairness if the hearing proceeded as scheduled

Ratio Decidendi

The respondents had ample opportunity to respond to the claimant's evidence and failed to do so; any evidential difficulties are of their own making. The hearing would not be unfair if it proceeded as scheduled. The adjournment application is refused.

Court Disposition

Adjournment application refused; return hearing to proceed.

Orders

  • The return hearing for continuation of freezing injunctions will continue as listed.