Direct Access Barrister

Arfan Khan

Direct Access Barrister

Arfan Khan

Chambers: 42 Bedford Row Barristers, 11 Stample Inn, London, WC1V 7HQ.
Contact: [email protected]. Tel: 02078310222.
Arfan Khan has a high-profile specialist appellate practice in Chancery, Commercial, and Public law. He is instructed in exceptionally difficult appeals. He has led and argued landmark appeals in the CoA, UKSC, and the HC.

Gangat v Jassat [2022] EWCA Civ 604 (the CoA upheld the trial judge’s decision to order an account for the Claimants in millions. The extensive cross-examination of the Defendant meant that the judge had sufficient evidence from the Defendant to enter judgment despite document suppression). Sole Counsel on appeal and for the Claimants at trial.
Akinola v the Upper Tribunal & Others [2022] 1 WLR 1585 (Upper Tribunal case of Ramshini wrongly decided – appeal pending within s.3C (2) (c) when notice of appeal filed, and not when an extension of time was granted). Sole Counsel on appeal.
Okpara & Sastry v General Medical Council [2021] ICR 1565 (CoA resolved the previously undetermined tension in the authorities – no deference to the tribunal in sexual misconduct appeals). Lead Counsel for the Appellant.
Ameyaw v PwC [2021] UKAT 2019-000480 (meaning of exceptional circumstances in rule 30A, procedural irregularity, and private life in Article 8). Lead Counsel.
Vafa v Patel [2021] EWHC 198 (QB) (abuse of process). Sole Counsel and on appeal to the High Court and CoA.
General Transport Service SpA v Revenue and Customs Commissioners [2020] LLR 766 (meaning of Article 33 and Article 37 VAT).

Area of Law

Chancery

Appear as lead or sole Counsel in the High Court, Court of Appeal and the UKSC.
Balogun (t/a Mama Africa) v Phonographic Performance [2018] EWHC 1327 (Ch) (correct approach to setting aside summary judgment orders). Sole Counsel.
Gangat v Jassat [2022] EWCA Civ 604 (the CoA upheld the trial judge’s decision to order an account for the Claimants in millions. The extensive cross-examination of the Defendant meant that the judge had sufficient evidence from the Defendant to enter judgment despite document suppression). Sole Counsel on appeal and for the Claimants at trial.
Loson v Stack [2018] EWCA Civ 803 (correct approach to variation of a judgment debt). Sole Counsel.
Day v Haine [2008] BCC 845 (protective awards provable in the liquidation of a company). Sole Counsel.
Attorney General of Zambia v Meer Care & Desai (A Firm) [2008] Lloyd's Rep. F.C. 587 (findings of trial judge after 6 month trial set aside on appeal). With Lead Counsel.
Unite the Union v Re Nortel Networks [2010] BCC 706 (provable debts in a company administration). Sole Counsel.
Odunsi v Daodu [2009] EWHC 1764 (Ch) (beneficial ownership in land). With Lead Counsel.

Commercial

Appear as sole or lead counsel in the High Court, Court of Appeal, or the UKSC.
Gangat v Jassat [2022] EWCA Civ 604 (the CoA upheld the trial judge’s decision to order an account for the Claimants in millions. The extensive cross-examination of the Defendant meant that the judge had sufficient evidence from the Defendant to enter judgment despite document suppression). Sole Counsel on appeal and for the Claimants at trial.
Okpara & Sastry v General Medical Council [2021] ICR 1565 (CoA resolved the previously undetermined tension in the authorities – no deference to the tribunal in sexual misconduct appeals). Lead Counsel for the Appellant.
General Transport Service SpA v Revenue and Customs Commissioners [2020] LLR 766 (meaning of Article 33 and Article 37 of the VAT Directive). Lead Counsel on appeal.
Thomas v Bulethwala [2020] B.P.I.R 430 (nature and extent of beneficial interest in land/constructive trusts). Sole Counsel.

Public and Administrative Law

Appear as lead or sole counsel in the High Court, Court of Appeal and in the UKSC.
Akinola & Others v SSHD [2022] 1 WLR 1585 (Upper Tribunal case of Ramshini wrongly decided – appeal pending within s.3C (2) (c) when notice of appeal filed, and not when an extension of time was granted). Sole Counsel for Akinola on appeal.
Nwankwo v Secretary of State for the Home Department [2018] 1 WLR 2641 (successfully established that the first appeals test applies on appeals to the Court of Appeal from Upper Tribunal in Judicial Review Proceedings. This led to the disapproval of the Presidential Guidance on the second appeals test). Sole Counsel.
Benkharbouche v SSHD & Others [2017] H.R.L.R 15 (s.4 (2) (b) and s.16 (1) (a) incompatible with Article 6). Lead Counsel for 4A Law.
Reyes v Al-Malki [2016] 1 WLR 1785 (article 31 (1) (c) of the VCD did not exclude diplomatic immunity in relation to employment claims by domestic workers who had been trafficked. Also, in writing an appeal to the UKSC. Lead Counsel for 4A Law.
Geller & Spencer v SSHD [2015] EWCA Civ 45 (challenge to the legality of the government's unacceptable behaviors policy).

What sort of work do I do?

Commercial, Chancery, and Public Law

Who do I work for?

Corporate and lay clients

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