 This has been used to be an argument that secret trusts are constructive but in light of both cases it appears not.However, an express trust may still be exempted from the requirements of 53(1)(a) and 53(1)(b) by a separate application of the equitable maxim "equity will not allow a statute to be used as a cloak for fraud" – the fraud would be for the trustee to deny the existence of the secret trust, but this time the statute concerned would be the Law of Property Act, a line of reasoning dependent upon the case of "Rochefoucauld v Boustead".Also, the correct interpretation of secret trust in light of "au dehor" theory strongly affirms that the secret trust can operate outside the Law of Property Act and still be an express trust.