‘Hopeless’ – Court of Appeal throws out Scott Dylan’s attempt to reduce sentence

Royal Courts of Justice

The Court of Appeal has rejected an appeal by businessman Scott Dylan over his 22 month jail sentence for contempt of court.

Lawyers for Dylan appealed against both the length of the sentence and the decision not to suspend it, after he admitted to two counts of contempt for moving business assets offshore in breach of a freezing order granted to Barclays Bank.

In the High Court in London, on the 30th of October, Judge Rajah handed down a sentence of 22 months in jail to Scott Dylan, David Antrobus and Jack Mason after his earlier July ruling that they were in contempt of court.

Barclays further alleges that they are the victims of a £13.7m theft by the trio, and others involved in their business Inc & Co, which invested into distressed businesses through an associated business, Fresh Thinking Group.

Dylan is currently serving his sentence, while his business partners Antrobus and Mason, who failed to appear at a sentencing hearing, are on the run.

In appealing the sentence at a hearing held in the Court of Appeal on the 17th of December 2024, Dylan’s lawyer, Ian Bridge from Lewis Nedas, pressed five grounds of appeal: that the sentence was too long; that the Judge Rajah failed to take into account Dylan’s vulnerability by reason of his psychiatric condition, and the effects of a custodial sentence upon him and his immediate family; that the judge was also wrong to question the value of the transferred assets; that he failed to follow the sentencing guidelines by refusing to suspend any part of the sentence; and that he failed to distinguish adequately between Dylan and Antrobus and Mason.

All grounds were dismissed by Lady Justice Elisabeth Laing and Lord Justice Zacaroli in an approved judgement handed down today (17 January 2025).

Lord Justice Zacaroli said of a claim that the length of time for the trial should have been a factor: “Mr Dylan cannot legitimately complain of this in circumstances where it was his decision to contest the allegations of contempt until almost the very last moment that contributed significantly to the delay.”

In dismissing the fifth ground for appeal that Judge Rajah didn’t distinguish between Dylan, Mason and Antrobus, he said: “It is demonstrably hopeless, in that the judge clearly dealt separately with Mr Dylan, relying on matters as they related specifically to him, before turning to deal with the other defendants.”

In November 2021 Barclays obtained freezing orders after the bank discovered multiple withdrawals below a £50,000 threshold, over which they would have had to seek credit approvals.

Barclays has an additional case against the trio, and others, which had been scheduled for a court date in January 2025, in an attempt to recover £13.7m it claims was taken to fund private jet trips, to acquire business assets, including a travel agency and a hotel in Turkey, but also for the personal enrichment of Scott Dylan and his partner.

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