Arfan Khan

Called 2001 (Lincoln's Inn)

LLB (Hons)
LLM (University College London). Commercial & Corporate Law.Distinction in Insolvency Law.
Hardwicke Scholar.  Lincoln’s Inn
Potts Scholar, UCL (for excellence in the all UK Universities Postgraduate Essay Competition in Commercial Law - awarded after an oral defence of thesis)
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)
Lawyer of the Week -The Times 2009
Awarded a Red Bag by Leading Counsel for performance on a appeal to the Privy Council

Main Areas of Practice

Company/Commercial
Insolvency
Property
Banking/Commercial fraud
Human Rights/Civil Liberties
VAT
Professional negligence
EU
Arbitration/Costs
Media and Entertainment 

Profile

Practising principally across a broad range of Chancery and Commercial areas of law, Arfan is described by instructing solicitors as a “phenomenal advocate both orally and in writing” with “exceptionally high quality work”. Acting on his own account, he attracts plaudits from the judiciary at the highest level in some of the most important Chancery and Commercial litigation in recent years. A leading Chancery/Commercial silk described him as “one of the best” at the Chancery and Commercial bar. He has appeared as sole counsel in numerous reported cases including in the Court of Appeal, Supreme Court, Privy Council and the European Court of Human Rights. A former tutor in Property Law at the University of Sheffield, he is published in major refereed law journals.

Prior to joining Chambers, he was a tenant at The Chambers of Mark Littman QC specialising in Chancery, Commercial and Public law. He joins Chambers after the retirement of Mark Littman QC from general practice.

Insolvency/Vat

Chamberlin v Revenue & Customs [2011] EWCA Civ 271, [2011] S.T.I. 1213 (VAT/Insolvency). Sole Counsel.

Nortel v Unite the Union & Anor [2010] B.P.I.R. 1003; Times, May 18, 2010 (permission to proceed against a company in administration where the emerging figure for pension fund liabilities was held by the Court to be at 3.3 billion/correct applicable test). Sole Counsel.

Hellard v Michael [2010] B.P.I.R. 418 (extent and nature of court's supervisory jurisdiction over trustees in bankruptcy - Insolvency Act 1986, s. 303 (1), (2) and the fairness of the disposal of assets by biding process). With David Oiver QC.

Moore v Moore [2009] F.L.R. 957 (variation of security for costs order/jurisdiction to vary). Court of Appeal Civil Division. Represented the Applicant. Application to vary deadline for the payment of security for costs granted. Sole counsel.

Day v Haine & Anor; re Compound Sections Ltd [2008] 2 BCLC 517 (whether a protective award made after the date a company went into liquidation was provable in respect of redundancies made prior to that date). Court of Appeal. Appeal allowed. Sole Counsel.

Chamberlin v Revenue & Customs [2010] S.T.I. 2177 (whether acceptance of an ennerous VAT return creates a bankruptcy debt in relation to legal services not chargeable to VAT). Permission to appeal granted. Appeal allowed against a decision of the Chief Registrar. Represented the Appellant. Sole Counsel. 

Company /Commercial

WK  v K (2011-2012) (Ch) (whether X was entitled to Diplomatic immunity under the Vienna Convention on Diplomatic Relations 1961). Sole Counsel.

Carew & Others v Bank of Scotland and Qadir (2011) (QBD) (alleged civil fraud involving an alleged claim in millions). Sole Counsel for Qadir.

Integral Memory v Haines Watts (2011) (Ch) (appeal against decision of a Deputy Master holding that the Claimants claim was time bared). Sole Counsel for the Appellant.

Wilson v Tragus Holdings (Ltd) (2011) (whether a “fish dish” constitutes a “product” within the meaning of s. 1 (2) of the CPA 1987). Sole Counsel for the Appellant.

Osuji v Holmes [2011] EWCA Civ 476, Times, April 19, 2011 (guidance given on the nature and scope of CPR r 38.2 (2): discontinuance where High Court injunction obtained but proceedings subsequently commenced in the County Court). Ellias LJ granted permission to appeal on exceptional grounds.

In the Matter of Protege Services Ltd sub nom Andrew Robinson & Anor v Andreas Charalambous & Ors [2011] EWHC 3679 (Ch) (unfair prejudice petition and costs of interim injunction). Sole Counsel. 

Attorney General of Zambia v MCD [2008] Lloyd's Rep. F.C. 587 (section 10 of the Partnership Act 1890/dishonest assistance/knowing receipt). Claims, pursued against the innocent partner during a six-month trial which the Lawyer described as one of the biggest trials of 2007, were dismissed on appeal. With Nicholas Padfield QC.

Hathurani v Jassat (2011) (Ch) (joint venture/partnership and alleged illegality involving recoveries in excess of £30 million). With Charles Hollander QC. 

Silvernoinnen v Creating Solutions Ltd & Anor (2009-2011) (Ch) (claim concerning the validity of a share buy back arrangement and unpaid dividends in excess of £1 million where fraud and duress alleged). Sole counsel.

Secretary of State v Property Investor’s Courses Ltd & Anor [2009] EWCA Civ 104 (application to re-open appeal on a preliminary issue in petitions to wind up seven companies on public interest grounds brought by the Secretary of State for Business Enterprise and Regulatory Reform). Court of Appeal. Sole Counsel.

The Government of Equatorial Guinea v H (2007) (instructed as sole counsel on behalf of the Government of Equatorial Guinea in a claim for professional negligence against a bank worth £80,000 which was settled in favour of the Government). Sole counsel.

Commercial Contract & Real Property

Attorney General of St Lucia & The Judicial Legal Services Commission v Horace Fraser UKPC [2009] 2 LRC 26 (constitutional legality of a contract to remove a member of the judiciary). With Nicholas Padfield QC.

Daudo v Odunsi [2009] EWHC 1764 (Ch), LTL, 7/9/2009 (counterclaim/declaration for beneficial interest in land). Acted for the Claimant and successfully resisted the counterclaim). With Nicholas Padfield QC.

Arbitration/Costs

 Moore v Moore [2009] F.L.R. 957 (variation of security for costs order/juridiction to vary). Court of Appeal Civil Division. Represented the Applicant. Application granted. Sole counsel.

Richard Frederick v Joseph Owen & Others [2009] UKPC (nature of a disbursement/costs practice and procedure). Case settled after the Privy Council granted permission to appeal. Sole counsel for the Appellant.

Global Steele v Fawaz 10/11/2007 QBD (before Mr Justice Teare successfully enforced an arbitration Award to the order of £3 million). Sole counsel.

Media & Entertainment

Khader v Aziz [2010] EWCA Civ 716. Court of Appeal. (slander/summary judgment/strike out/abuse of process).

Hughes v Alan Dick & Co (No.1) [2008] EWHC 2695 QB, LTL, 12/11/2008 (claim for slander not an abuse of process). Representeded the Claimant. Sole counsel. For related litigation see : Hughes v Alan Dick & Co [2009] EWCA Civ 272.

Public/EU

NB v Secretary of State for the Home Department [2011] EWCA Civ 887 CA (validity of notice of immigration decision).

Bakare v Secretary of State for the Home Department [2010] EWHC 3811 (Admin) (validity of a Notice of Immigration Decision).

Geert Wilders v Secretary of State [2010] Imm. A.R. 269 GW (EEA reg 21: ‘fundamental interests’) Netherlands [2010] Imm. A.R. 269 (freedom of expression
and free movement). Represented the Appellant Geert Wilders in a high profile case. Appeal allowed.

Secretary of State v Obed & Others [2009] I.N.L.R. 16 (scope of the educational rules appertaining to UK and foreign students). Court of Appeal. Appeal allowed. With Nicholas Padfield QC.

Osita v United Kingdom [2010] ECHR (whether breach of article 6 of the ECHR and Protocol 1 Article 1 of the ECHR where the validity of a trust instrument is determined without effective legal representation and the issue of an application notice as prescribed by statute). Appeal currently under review at the ECHR. Sole counsel.

In the matter of SW (Trans-atlantic airline liquid bomb conspiracy), QBD, 30/8/06, Mr Justice Ouseley (a landmark judgment where the court extended detention without charge time for suspects accused of terrorism to 28 days, thereby holding that the time in question was compatible with article 5 (3) of the ECHR). Case heard under reporting restrictions. Sole counsel.

Employment Law

Appeals to the Court of Appeal and the EAT involving complex issues of law and fact.   

Professional negligence

Acting in actions against solicitors, accountants and barristers.

Recommendations

When appearing as sole counsel judicial comments include the following: “...put it very concisely” (Lord Justice Keene in Hughes v ADC)
“...ably represented [the Appellant] in the best traditions of the Bar” in a case involving a
“...hugely complex background” with “some eight or nine files” (Lord Justice Wall in M v M)
“...able submissions both orally and in writing” (Lord Justice Lloyd in 'Property Investors'). 
“...vigorously argued” (Mr Justice Norris in Nortel v Unite the Union)
Arfan’s written submissions used by Leading Counsel for Mr Michael in Hellard v Michael were described as “scholarly” by Mr Justice Sales
Comments from solicitors and Leading Counsel include: “...a phenomenal advocate both orally and in writing” (solicitor)
“...exceptionally high quality work” (solicitor)
“...provides an endearing service to clients” (solicitor)
“...one of the best” (chancery/commercial silk)

Publications

Setting Aside Statutory Demands: A Revisit, The Law Quarterly Review, (2007), 123 (January), 42 (Sweet & Maxwell).

The Commencement of Laytime in a Voyage Charterparty, The Journal of Business Law, May (2003), 248 – 298 (Sweet & Maxwell).

If you would like any further information regarding Arfan Khan's  practice, please contact his clerks or call +44 (0)20 7405 6114.