Avalon Capital Markets Ltd v Rose & Anor [2023] EWHC 1890 (KB) (20 July 2023)

Avalon Capital Markets Ltd v Rose & Anor [2023] EWHC 1890 (KB) (20 July 2023)

Specific disclosure is ordered for all three categories of documents sought by the claimant because they are relevant to the pleaded issues of loss and quantum, necessary for a just resolution, and required by the overriding objective. The documents will assist the court in assessing loss and are not unduly...

Source-derived case information.

Citation
[2023] EWHC 1890 (KB)
Parties
Claimant: Avalon Capital Markets Limited; Defendant: Jonathan Rose; Defendant: Romain Duigou
Jurisdiction
England and Wales
Judgment Date
20 July 2023
Procedural Posture
Civil Breach of Contract / Application for Specific Disclosure
Outcome
Application for specific disclosure granted
Legal Topics
Breach of Contract, Damages, Disclosure, Remoteness of Loss, Employment Contracts
Contract Law Civil Procedure Breach of Contract Damages Disclosure Remoteness of Loss Employment Contracts

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Parties

Avalon Capital Markets Limited

Claimant

Jonathan Rose

Defendant

Romain Duigou

Defendant

Procedural Posture

Civil Breach of Contract / Application for Specific Disclosure

Legal Issues

  1. 1 Whether specific disclosure should be ordered for documents relating to defendants' remuneration, improved terms, indemnity, and performance track record at Cantor Fitzgerald
  2. 2 Whether such documents are relevant to the assessment of loss and quantum in the breach of contract claim

Ratio Decidendi

Specific disclosure is ordered for all three categories of documents sought by the claimant because they are relevant to the pleaded issues of loss and quantum, necessary for a just resolution, and required by the overriding objective. The documents will assist the court in assessing loss and are not unduly burdensome to produce.

Court Disposition

Application for specific disclosure granted

Orders

  • Defendants to provide specific disclosure of documents evidencing their remuneration at Cantor Fitzgerald from 1 December 2019 to date, including employment contracts, payslips, commission statements, and tax documents.
  • Defendants to disclose documents evidencing any new or improved financial terms offered by Cantor Fitzgerald in or around June 2022, including any indemnity, new or amended contracts, and documents evidencing negotiations or discussions as to new terms.