A breach on the other side of a contract doesn't automatically mean you can breach your side. You'd have hoped fraud would count as a good enough reason, though. Perhaps more likely is that Lewis Day might have told the trust they'd have to fight in court for the money otherwise. IIRC, you typically aren't awarded your full costs when you win, so you always end up with less than you're owed. You also typically have to fork out hundreds of thousands in advance over several years before you even get to court, let alone get paid back....and that's ignoring the risk of Lewis Day going bust in the mean time. Courts don't really work. Avoid at all costs...