09. The fiduciary duty web links

Variation of trusts

Sargeant v. National Westminster Bank Plc, CA

http://www.kessler.co.uk/wp-content/uploads/2012/04/Sargeant_v._Nat_West.pdf

A full text report of this important case on self-dealing and fair-dealing, from the website of James Kessler, Barrister, the author of Drafting Trusts and Will Trusts (London: Sweet & Maxwell)

K K Mwenda 'Banks and the Use of Chinese Walls in Managing Conflict of Duties' (2000) 2 Web JCLI

http://www.bailii.org/uk/other/journals/WebJCLI/2000/issue2/mwenda2.html

Prince Jefri Bolkiah v KPMG (A Firm), HL

www.publications.parliament.uk/pa/ld199899/ldjudgmt/jd981218/prince01.htm

Financial Services Authority, 'Conflicts of Interest: Investment Research and Issues of Securities' Consultation Paper CP171 February 2003 (the consultation period closed on 12 May 2003).

http://www.fsa.gov.uk/pubs/cp/cp171_newsletter.pdf

Law Commission Report 315, Capital and Income in Trusts: Classification and Apportionment, May 2009.

Law Commission Consultation Paper 175, Capital and Income in Trusts: Classification and Apportionment, July 2004.

http://lawcommission.justice.gov.uk/areas/capital-and-income-in-trusts.htm

(Now enacted as Trusts (Capital and Income) Act 2013)

Brudenell-Bruce v. Moore [2014] EWHC 3679 (Ch)

http://www.bailii.org/ew/cases/EWHC/Ch/2014/3679.html

on retrospective remuneration of trustees

FHR European Ventures LLP v. Cedar Capital Partners LLC

https://www.supremecourt.uk/cases/uksc-2013-0049.html

Supreme Court on liability for unauthorised fiduciary gains

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