Watt: Equity and Trusts Directions
Chapter 11
Sargeant v. National Westminster Bank Plc, CA
www.kessler.co.uk/dtwt/articles/Sargeant_v._Nat_West.html
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
webjcli.ncl.ac.uk/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).
www.fsa.gov.uk/pubs/cp/cp171.pdf
Law Commission Consultation Paper 175, Capital and Income in Trusts: Classification and Apportionment, July 2004.
www.lawcom.gov.uk/docs/cp175.pdf (full paper)
www.lawcom.gov.uk/docs/cp175sum.pdf (summary)
N. D. M. Parry, "Control Of Trustee Discretions", (1989) Conv 244
www.kessler.co.uk/dtwt/articles/Parry_Control_of_Trustee_Discretions.html
Headnote: "A trustee may have a wide range of discretions conferred either by the terms of the trust or under the provisions of the general law. These can relate to the disposition of the trust property itself, often referred to as dispositive discretions, or to its management, often referred to as administrative discretions. The extent to which the exercise of these discretions is subject to control by the courts is surprisingly unclear. The purpose of this article is to review the current state of the law, principally as regards dispositive discretions, and to consider the extent to which clarification or reform may be necessary."


