Legal Formality and Fraud

Mark Pawlowski, James Brown

Research output: Contribution to journalArticlepeer-review


This article seeks to examine the current scope of the equitable principle that “equity will not allow a statute to be used as an instrument of fraud”. In particular, it examines the meaning of fraud in the context of oral trusts of land and the question whether the so-called rule in Rochefoucauld v Boustead [1897] 1 Ch. 196 can be applied legitimately in the enforcement of informal rights under a trust for the benefit of third parties.
Original languageEnglish
Pages (from-to)60-65
Number of pages5
JournalPrivate Client Business
Publication statusPublished - 13 Mar 2023

Bibliographical note

Copyright © 2023 Thomson Reuters. This is a pre-copyedited, author-produced version of an article accepted for publication in Private Client Business following peer review. The definitive published version in P.C.B. 2023, 2, 60-65 is available online on Westlaw UK.


  • constructive trusts
  • express trusts
  • formalities
  • fraud
  • oral evidence
  • third parties
  • title to land


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