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Arfan Khan - 42BR Barristers

Arfan Khan

Call 2001
Telephone 020 7831 0222 | Email [email protected]

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Arfan Khan

Call 2001
Telephone 020 7831 0222 | Email [email protected]

Profile Privacy Notice vCard

Judicial sitting in the High Court Chancery Division

With authorisation from the senior judiciary of England and Wales, Arfan Khan has undertaken judicial sitting in the High Court Chancery Division with a Chancery High Court judge in a complex tax case involving the Royal Mail Group Litigation, and in the urgent business and interim applications list concerning interlocutory injunctions. 

Practice 

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 Court of Appeal, the High Court, and the UK Supreme Court. He appeared successfully as sole Counsel in Day v Haine [2008] BCC 84, a landmark appeal where the Court of Appeal reversed the Court at first instance, holding that protective awards were provable debts in a company liquidation.

The Court of Appeal decision in Day v Haine paved the way for the UK Supreme Court decision in Re Nortel [2013] UKSC, where the correctness of his approach in Day v Haine was confirmed. He was instructed on appeal to the Court of Appeal in a widely reported case concerning the gifted drawings of the late Francis Bacon. Recently, when leading a tax barrister, and a tax litigator on appeal to the Court of Appeal, he persuaded the Upper Tribunal to grant permission to appeal against its own decision on a point of law. 

He has also appeared in landmark public law cases. In Wokuri v Kassam [2013] Ch 80, he succeeded in contending that the diplomat was not entitled to immunity. He successfully led the intervention for 4A law in the Court of Appeal, and in the UKSC in Benkharbouche v Libya & Others [2018] IRLR 123, where the UK Supreme Court upheld the Court of Appeal’s decision to set aside the State Immunity Act 1978, to give effect to certain claims falling within the material scope of EU law. He led in the Court of Appeal in Reyes v Al-Malki [2017] ICR 42 and made written submissions in the UKSC. 

He has also appeared successfully as lead or sole Counsel in other high-profile cases raising free speech and national security issues, such as Geert Wilders v SSHD [2010] INLR 337 and Geller & Anor v SOS [2015] All ER (D) 54. In 2009, Arfan Khan was named Times Lawyer of the Week. 

Whilst the core of his practice is appeals, where he is increasingly instructed to lead or appear as sole Counsel, he is frequently instructed as sole or lead Counsel in the High Court. These include trials, and interlocutory disputes, where the sums involved are substantial. He also conducts mediation of disputes both as a mediator and Counsel. 

He appears in litigation against or for the government with appropriate security clearance.  Arfan Khan’s advisory work includes advising a government department in complex high-profile cases and providing written decisions resolving disputed issues of evidence by applying the relevant law at short notice. He has also advised an intervener independently in a high-profile appeal to the UKSC raising national security issues.

Before commencing a career at the Bar, he was a part-time tutor and examiner in Property Law at the University of Sheffield. 

Area of Expertise

Chancery, Commercial and Public Law

Accreditations

Independent judicial comments on Arfan's advocacy in reported cases

  • “Excellent oral and written submissions” - Mr Justice Julian Knowles in Okpara v GMC (during the hearing after oral and written submissions).
  • “Succinct and elegant submissions orally and in writing”: Mr Justice Sir Robin Knowles CBE in Saulawa & Others (Commercial Court).
  • “clarity and high-quality submissions”, “considerable assistance provided during oral argument” - Mathew Gullick (sitting as a Deputy High Court judge in Ameyaw v PwC [2021] UKEAT 2019-000480.
  • “… Put with succinctness and clarity and having raised every conceivable submission that could be advanced in favour of the claimant” - HHJ Thornton (sitting as a Deputy High Court Judge in Bakare v SSHD [2010] EWHC 3811.
  • “Mr Khan has advanced his client's case succinctly but comprehensively” - Lord Justice Moylan and McCombe in KM Algeria v SSHD [2017] EWCA 2662 (Civ).
  • “extremely well argued” - Penelope Reed QC in PPL v Balogun [2018] EWHC (Ch)
  • “able submissions both orally and in writing” - Lord Justice Lloyd in Secretary of State v Property Investors Courses Ltd & Anor [2009] EWCA Civ 104.
  • “ably represented by Mr Arfan Khan” - Vos LJ, Sullivan LJ, and Briggs LJ in Michael v Official Receiver [2014] EWCA Civ 1590.
  • “ably represented (the Appellant) in the best traditions of the Bar in a case involving a hugely complex background” - Lord Justice Wall and Mr Justice Holeman in M v M [2009] 2 FLR 957.
  • “Mr Khan has confined himself to two principal matters and put it very concisely” - Lord Justice Keene in Hughes v Alan Dick [2009] EWCA Civ 272.
  • “advanced cogent arguments” - Rimer LJ in Gaurilcikiene v Tesco Stores [2013] EWCA Civ 1612.
  • “It is said with force that the decision cannot be allowed to stand” - Rimer LJ in Michael v Official Receiver [2014] EWCA Civ 534.
  • “Focused, helpful and concise.. document” - Patten LJ, Tomlinson LJ and Floyd LJ.
  • “very properly relies on fundamental principles” - Arden LJ, Clarke LJ and Barling J in Gaurilcikiene v Tesco Stores [2014] EWCA Civ 1213.
  • “ingenious and spirited” - Longmore LJ in NB v SSHD [2011] EWCA Civ 887.
  • “full and careful” [skeleton] - Thorpe LJ, Wall LJ, and Coleridge J in Moore v Moore [2010] 1 FLR 1413.

Comments from the legal profession

  • “easily as good as a top QC”, “one of those old school totally professional gentleman barristers” (Head of Chambers at a tax Chambers).
  • “Possessor of an exceptional general capability allied to an unparalleled commitment” (Commercial, Chancery and Public Law Silk).
  • “exceptionally hard-working and gifted advocate of the highest integrity” (Partner in a top-ranked City firm).
  • “Mr Khan’s excellent skeleton” (junior counsel in chancery and commercial).
  • “Masterful piece of work and a sterling performance” (lay client experienced in litigation).

Publications

  • Re-Assessing Proportionality: Implied Limitations and Judicial Review under Section 6 of the British Nationality Act 1981, the Statute Law Review, Vol 45, Issue 1, April 2024 (Oxford University Press). 
  • Setting Aside Statutory Demands: A Revisit, The Law Quarterly Review, (2007), 123 (January), 42 (Sweet & Maxwell).
  • The Commencement of Laytime in a Voyage Charter Party, The Journal of Business Law, May (2003), 284, 294. 

Qualifications & Educations

  • Keble College, Oxford, the SEC Advanced International Advocacy Course.
  • University College London, LLM. Distinction in Insolvency Law.
  • LLB (Hons). 1st in part 1 and 2 subjects, including in Jurisprudence.

Scholarships & Awards

  • Recipient of the Potts Scholarship UCL for excellence in the All UK Universities Post Graduate Essay Competition in Commercial Law.
  • Recipient of the University Moot Court Award for exemplary oral and written advocacy.
  • Times Lawyer of the Week, 2009.
  • Hardwicke Scholar, Lincoln’s Inn.
  • Mitchell’s Scholar (for Participation in the Quarter Finals of the World Universities Debating Championships).
  • Nathanson Scholar (for first place in the Nabarro Nathanson Mooting Competition).
  • Chancery Lawyer of the Year, Finance Monthly Awards, 2017.
  • Banking & Finance Barrister of the Year, Livewire Corporate Global Awards, 2016
  • Leading Chancery Barrister of the Year, ACQ Global Awards, 2015.
  • Intellectual Property Barrister of the Year, the Lawyer Monthly Awards, 2015. 

Memberships & Committees

  • A tenant at the Chambers of Mark Littman QC (until Mark’s retirement from practice and closure of Littman Chambers).
  • Member of the United Kingdom Association of Jewish Lawyers and Jurists.
  • Chair of the Internship Committee at 42 Bedford Row Chambers.
  • Member of the Equality & Diversity Committee at 42 Bedford Row Chambers.
  • Member of the Chancery Bar Association. 

Areas of Expertise

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Lord Justice Underhill gives guidance on statelessness and irremovability

Arfan Khan represented the Applicant at an oral hearing in the Court of Appeal, during which Lord Justice Underhill (the Vice President of the Court of Appeal) provided valuable guidance on the Secretary of State’s policy concerning statelessness, and the approach to revoking a deportation order.

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Arfan Khan appears successfully in important trust appeal

The Appellant, a former solicitor, claimed he held a beneficial interest in property by way of constructive or resulting trust. The property was purchased as an investment. It was registered in the sole name of the Appellant’s wife.

Published: 22nd May 2019

Bank's High Court Claim for £9.5 million settles out of court

Arfan Khan successfully defended complex claims in the High Court Chancery Division. The claims were pursued by a bank against the Defendants for £9.5 million plus interest, including possession of land. A legal charge was procured by the bank to secure the alleged indebtedness.

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