“… of dispute in which a trustee may become involved and the circumstances in which an indemnity will or will not be available, the first of which was Re Buckton [1907] 2 Ch 406. In McDonald v Horn [1995] ICR 685, Hoffmann LJ (as he then was) described Kekewich J’s consideration of the issue in that 1907 case as the “classic statement …”
“…he position in relation to trustees involved in litigation at 695G – 696B. Having mentioned Kekewich J’s consideration of the relevant principles in Re Buckton [1907] 2 Ch 406 at 413–415, Hoffmann LJ went on to note as follows:…”
“…line between friendly and hostile litigation, which is relevant as to the incidence of costs, is not always easy to draw: see In re Buckton; Buckton v. Buckton [1907] 2 Ch. 406. (2) The second (which I shall call…”