Avalon Capital Markets Limited v Jonathan Rose & Anor

Avalon Capital Markets Limited v Jonathan Rose & Anor

All three categories of documents sought by Claimant are relevant to quantum of loss and necessary for just resolution; specific disclosure is ordered as required by the overriding objective.

Parties
Claimant: Avalon Capital Markets Limited; First Defendant: Jonathan Rose; Second Defendant: Romain Duigou
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil / Application for Specific Disclosure
Outcome
Application for specific disclosure granted.
Legal Topics
Breach of Contract, Damages, Disclosure, Remoteness of Loss
Contract Law Civil Procedure Breach of Contract Damages Disclosure Remoteness of Loss

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Parties

Avalon Capital Markets Limited

Claimant

Jonathan Rose

First Defendant

Romain Duigou

Second Defendant

Procedural Posture

Civil / Application for Specific Disclosure

Legal Issues

  1. 1 Whether Defendants' breach caused recoverable loss
  2. 2 Quantum of loss
  3. 3 Entitlement to specific disclosure of documents

Ratio Decidendi

All three categories of documents sought by Claimant are relevant to quantum of loss and necessary for just resolution; specific disclosure is ordered as required by the overriding objective.

Court Disposition

Application for specific disclosure granted.

Orders

  • Defendants to provide specific disclosure of documents evidencing remuneration at Cantor Fitzgerald from 1 December 2019 to date.
  • Defendants to disclose documents evidencing offer of new and/or improved financial terms from Cantor Fitzgerald, including any indemnity, contracts, and negotiation documents.