Where the defendant solicitors had caused, through no fraud of their own, mortgage monies paid to them to be paid out to fraudsters in breach of the terms of their instructions and authority, they had acted in breach of trust. Their conduct was not reasonable and they were not entitled to relief under s61 of the Trustee Act 1925. They paid the money to the vendor’s purported solicitors without establishing that the firm existed and without having received the signed contract, transfer or discharge certificates. Contributory negligence does not apply to a case of breach of trust (Lloyds TSB Bank plc v Markandan & Uddin www.bailii.org/ew/cases/EWHC/Ch/2010/2517.html).