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9/14/2009

START DATE

END DATE

12/4/2009

Phoenix Global Fund Limited & Phoenix Capital Reserve Fund Limited v Citigroup Fund Services (Bermuda) Limited & The Bank of Bermuda Limited

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

Supreme Court of Bermuda Commercial Court

Commercial Law

Plaintiff Lawyers: Victor Lyon Q.C. Larry Mussenden Attride-Stirling & Woloniecki

Defendant Lawyers: Richard Sheldon Q.C. Andrew Martin Mello Jones & Martin (1st Defendant) Narinder Hargun Alex Potts Conyers Dill & Pearman (2nd Defendant)

FACTS OF THE CASE:

The case involves the duties of administrators and custodians of investment funds specifically regarding investments made in breach of investment restrictions in the relevant prospectus

SUMMARY:

Interpretation and application of regulations breach of investment restrictions contractual and statutory duties of fund administrators and custodians

OUTCOMES:

Detailed analysis of contractual and statutory duties assessment of breach of duties

RULED IN FAVOUR OF:

in the summarized content

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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Phoenix Global Fund Limited & Phoenix Capital Reserve Fund Limited v Citigroup Fund Services (Bermuda) Limited & The Bank of Bermuda Limited

The case involves the duties of administrators and custodians of investment funds specifically regarding investments made in breach of investment restrictions in the relevant prospectus

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