[2] In situations where joint and several liability is engaged, contribution claims between parties are governed by the operation of the Civil Liability (Contribution) Act 1978, but, in addition there remain several equitable principles developed by the chancery division of the English Courts that are thought to remain in effect.
It is one of the few common law situations concerning inter-trustee indemnity that is still thought to apply following the passing of the Civil Liability (Contribution) Act 1978.
The rise of professional trustee companies has led to the suggestion that it may become of significant case law in the future.
However; in giving judgment by J. Kekewich, it was considered earlier an equitable case law and also considered that "I do not myself think that Bryne Jacob or any other judges ever intended to hold that a man is bound to indemnify himself of his co-trustees against loss merely because he was a solicitor, when that co-trustee was an active participant in the breach of trust complained of, and is not proved to have participated merely in consequence of the advice and control of the solicitor.
"[7] In Bahin v Hughes[8] the situation where a sole trustee benefited from the breach of trust was considered by High Court.