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Agree with Anon at 06:11 pm. The seller's solicitors were found to be in breach of trust prior to the trial. So in my view it comes down to a decision on the facts that they were not entitled to be relieved of that breach of trust under s.61 TA 1925. The burden was on them to make their case on that and they failed to do so. It is a decision on its facts, though the facts are anything but unique. I don't see an appeal succeeding.