An application under s 85 of the Trustee Act 1925 for relief from liability for breach of trust, even though it seeks an indulgence, should be treated as ordinary adversarial litigation for costs purposes where the application is strongly contested. Indemnity arrangements between co-defendants, and assertions that solicitors will not look to individual defendants for payment, do not affect costs liability to the opposing party. First instance costs orders should be varied on appeal only to the extent necessary to reflect variations to substantive conclusions.
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