Scherzade Khilji v Amy Mehers (Trustee in Backruptcy) & Anor

Scherzade Khilji v Amy Mehers (Trustee in Backruptcy) & Anor

The appellant did not inform the trustee of her interest in the property within three months of bankruptcy, nor did the trustee become aware of such interest before the relevant date. Actual knowledge, not constructive knowledge or notice, is required under s283A. The trustee's possession claim was timely and prevented revesting of the property interest in the appellant.

Parties
Appellant: Scherzade Khilji; First Respondent (trustee in Bankruptcy): Amy Mehers; Second Respondent (administrator of Deceased's Estate): David George Hartwell
Jurisdiction
England and Wales
Judgment Date
03 November 2025
Procedural Posture
Appeal / Judgment on Appeal Against Order of Deputy ICC Judge
Outcome
Appeal dismissed
Legal Topics
Bankruptcy Trustee's Knowledge, Revesting of Property, Common Intention Constructive Trust, Interpretation of S283 a Insolvency Act 1986
Insolvency Trusts and Estates Bankruptcy Trustee's Knowledge Revesting of Property Common Intention Constructive Trust Interpretation of S283 a Insolvency Act 1986

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Parties

Scherzade Khilji

Appellant

Amy Mehers

First Respondent (trustee in Bankruptcy)

David George Hartwell

Second Respondent (administrator of Deceased's Estate)

Procedural Posture

Appeal / Judgment on Appeal Against Order of Deputy ICC Judge

Legal Issues

  1. 1 Whether the three-year period under s283A Insolvency Act 1986 was exceeded
  2. 2 What constitutes 'informing' the trustee or the trustee 'becoming aware' of a bankrupt's interest in property
  3. 3 Whether the appellant's interest in the property revested in her

Ratio Decidendi

The appellant did not inform the trustee of her interest in the property within three months of bankruptcy, nor did the trustee become aware of such interest before the relevant date. Actual knowledge, not constructive knowledge or notice, is required under s283A. The trustee's possession claim was timely and prevented revesting of the property interest in the appellant.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed on all grounds
  • Parties to agree on consequential matters and costs; if not, further hearing to be held within 28 days