David Foster
@david-foster.bsky.social
1.4K followers 1.1K following 35 posts
Associate Professor, UCL Laws. Legal History, Trusts & Property Law
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david-foster.bsky.social
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).
david-foster.bsky.social
Falk LJ and Flaux C, however, dismissed the appeal. In the absence of signed writing, the courts are prevented by s 53(1)(b) from treating the trust as having existed from the date of declaration.
david-foster.bsky.social
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).
david-foster.bsky.social
In the case, NIOC declares a trust in favour of RSW, but fails to comply with s 53(1)(b).
NIOC’s creditors get judgment against it and, a week after the judgment, NIOC transfers land to RSW absolutely.
The validity of transfer to RSW depends on whether the parol trust was itself valid.
david-foster.bsky.social
Trusts fans: CoA decision on LPA 1925, s53(1)(b) today:

www.bailii.org/ew/cases/EWC...
Reposted by David Foster
tracelarkhall.bsky.social
TIL that people actually did call each other 'varlet' in the past and also that 'loggerhead' was once an insult
Reposted by David Foster
mcopelov.bsky.social
👇🎯 These people will never stop trying to get rich by telling everyone they can learn & teach w/o doing the actual hard work of learning & teaching. They peddle fake alternatives to the hard daily grind of education because they're greedy & lazy. They're charlatans, & we should treat them as such.
jonbecker.bsky.social
Folks, the way to read the NYT article about OpenAI and higher education is to recognize that the person OpenAI hired to lead their effort came from Coursera. Remember when Coursera and MOOCs were going to cause the reinvention of higher education?
Reposted by David Foster
victoriacrooks.bsky.social
It is vital that #historyteacher s continue to make the case that history is an evolving discipline - as we apply new lenses, reconsider (or even discover) source material to derive new interpretations.

👏Quotes from William Doyle and David Andreas in recent @histassoc.bsky.social HA news.
Reposted by David Foster
eicathomefinn.bsky.social
'Two of four autobiographical volumes were discovered by Cordelia Beattie, a history professor at the University of Edinburgh. One was handed by a descendant of Thornton to Beattie’s father in a pub in Ludlow, Shropshire, and the second was unearthed in the library of Durham Cathedral.'
Woman’s memoirs give fascinating insight into life in 17th-century northern England
Newly reunited manuscripts by Alice Thornton show how she navigated personal crises during tumultuous events such as the civil war
www.theguardian.com
Reposted by David Foster
shoaibmkhan.bsky.social
The King has approved the appointment of six Lord and Lady Justices of Appeal. He has been pleased to approve the appointments of Mrs Justice Cockerill, Mr Justice Dove, Mr Justice Foxton, Mrs Justice May, Mr Justice Miles and Mrs Justice Yip. www.judiciary.uk/appointments...
Appointment of Lord and Lady Justices of Appeal - Courts and Tribunals Judiciary
Find out who the new appointees are and read their biographies
www.judiciary.uk
Reposted by David Foster
spinninghugo.bsky.social
We went through all of this during Brexit

European Union law is a species of international law agreed between member states. It can't conflict with German law, or Hungarian law. Anymore than they can conflict with one another. They're separate systems.

/1
Reposted by David Foster
shengokai.blacksky.app
That MIT study should be the death knell of every "pivot to AI" strategy in education.

That MIT study should land immediately on the desk of every administrator that imposed AI upon their institution.

Yes, I am talking about my employer, the California State University system.
Reposted by David Foster
preachypreach.bsky.social
As a case in point, a certain crowd-funding publisher that went bust recently owed nearly £360k to HMRC in PAYE it had withheld from peoples' payslips but hadn't actually, you know, paid across to HMRC - there are a *lot* of SMEs and this adds up, even disregarding the umbrella scams going round.
david-foster.bsky.social
Preliminary study on use of AI & its effects on critical thinking.

‘The group that wrote essays using ChatGPT all delivered extremely similar essays that lacked original thought, relying on the same expressions and ideas. Two English teachers who assessed the essays called them largely “soulless.”’
ChatGPT's Impact On Our Brains According to an MIT Study
The study, from MIT Lab scholars, measured the brain activity of subjects writing SAT essays with and without ChatGPT.
time.com
david-foster.bsky.social
With the rise of Generative AI, a return to in-person assessment is the only way to protect the integrity of our degrees. Coursework still has a place, but only in conjunction with vivas/in person exams. Gen AI is a useful tool, but it's no substitute for learning how to think in the first place.
Revealed: Thousands of UK university students caught cheating using AI
Guardian investigation finds almost 7,000 proven cases of cheating – and experts says these are tip of the iceberg
www.theguardian.com
Reposted by David Foster
scottwortley.bsky.social
Lord Reed's recent speech on judges in an age of populism includes this passage on the high quality of MPs and an accurate summary of Judge John Deed
Reposted by David Foster
neilayounger.bsky.social
IHR Tudor & Stuart seminar news: it's time for our annual call for papers! If you'd like to speak to us in the coming academic year, full details below. Get in touch with any questions or if you would like to be on our mailing list. Please RT.
Reposted by David Foster
englishcivilwar.bsky.social
Great new episode of The World Turned Upside Down on John Bradshaw, the judge who sentenced King Charles to death www.worldturnedupsidedown.co.uk/podcast/sent...
Two woodcuts showing the trial of Charles I and a portrait of John Bradshaw. The text reads "New podcast – The judge who sentenced a King to death. John Bradshawe (1602-1659)"
Reposted by David Foster
jdmccafferty.bsky.social
10 Apr 1594: Sir Edward Coke appointed Attorney-General for #England & #Wales #otd

At the Walter Ralegh prosecution in 1618, he said: "Thou viper, thou hast an #English face but a #Spanish heart"
Reposted by David Foster
joshuajfriedman.com
I saw someone criticizing a very funny poster for making jokes instead of posting about politics, and I am reminded of a favorite line from E. B. White: We should strive not for balanced books but balanced libraries