Judgment
Riad Tawfiq Al‑Sadik v InvestCorp Bank B.S.C., Investcorp Investment Advisers Ltd, Shallot IAM Ltd, Blossom IAM Ltd, Investcorp Nominee Holder Ltd, Investcorp Trading Ltd - Judgment
FSD 0047/2009 (AJJ) · 2012-05-18
Alleged collateral contract guaranteeing 45% return; construction of SPA and authority to employ leverage; characterization of First Layer vs Second Layer leverage; whether Blossom was an unauthorized investment; deceitful non‑disclosure and reporting obligations under Clause F.4; scope of fiduciary duties of investment manager; application of Kelly v Cooper limits on fiduciary disclosure; effect of contemporaneous documents on credibility; causation and loss in unauthorized‑leverage claims; whether asset allocation decisions were driven by improper purposes including fee‑sharing or capitalization of Single Manager platform
Full metadata
| Cause Number | FSD 0047/2009 (AJJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Jones J |
| Parties | Riad Tawfiq Al‑Sadik v InvestCorp Bank B.S.C., Investcorp Investment Advisers Ltd, Shallot IAM Ltd, Blossom IAM Ltd, Investcorp Nominee Holder Ltd, Investcorp Trading Ltd - Judgment |
| Judgment Date | 2012-05-18 |
| Subject | Alleged collateral contract guaranteeing 45% return; construction of SPA and authority to employ leverage; characterization of First Layer vs Second Layer leverage; whether Blossom was an unauthorized investment; deceitful non‑disclosure and reporting obligations under Clause F.4; scope of fiduciary duties of investment manager; application of Kelly v Cooper limits on fiduciary disclosure; effect of contemporaneous documents on credibility; causation and loss in unauthorized‑leverage claims; whether asset allocation decisions were driven by improper purposes including fee‑sharing or capitalization of Single Manager platform |
| Filename (current) | 12-05-18-Riad-Tawfiq-Al-Sadik-v-InvestCorp-Bank-B.S.C-and-Others.pdf |
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