Rochefoucauld v Boustead creates an exception to s 53(1)(b). But held this does not apply in self-declaration cases; Rochefoucauld is limited in its application to trusts by transfer (i.e. cases where property is transferred to a trustee on the basis it should be held for the beneficiary).
Zacaroli LJ sticks to orthodox view that failure to comply with s53(1)(b) creates a valid, but unenforceable trust (and, as such, RSW is entitled to the land free of the trustee’s creditor’s claim).