Chapter 11 Further reading

Journal articles

I Samet, ‘Guarding the Fiduciary’s Conscience: A Justification of a Stringent Profit-stripping Rule’ (2008) OJLS 763.

With great power comes great responsibility! This insightful article considers that the broad discretion of the fiduciary, and the common power differences between fiduciaries and their principals demand that the strictest of approaches is taken to fiduciary duties.

M Stauch and G Watt, ‘Is there liability for imprudent trustee investment?’

This interesting article discusses the decision in Nestle v National Westminster Bank plc [1983] and highlights the difficulties posed by beneficiaries trying to hold trustees to account for their investment decisions.

M Yip and J Lee, ‘The Commercialisation of Equity’ [2017] 37 LS 647

This wide-ranging article offers a critical perspective on the reasoning of the Supreme Court in FHR European Ventures v Cedar Capital Partners [2014] and an interesting consideration of whether the prioritisation of commercial flexibility is interfering with the coherence of equitable principles in this area.

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