Commercial Law Barrister
Arfan Khan

COMMERCIAL BARRISTER IN LONDON



Arfan Khan is a leading Chancery, Commercial & Public Law Barrister, practising predominantly in the Court of Appeal, Supreme Court and the High Court in a broad range of Chancery, Commercial and International Law disputes.


Arfan Khan is described by solicitors as “a polymath” who “advocates with mesmeric quality” and "a formidable intellect".

Arfan Khan is an leading award winning barrister, practising from Lamb Chambers, in the Temple, London

He practices in Commercial, Chancery, Public and International Law, predominantly in the Court of Appeal, Supreme Court and the High Court. He has a proven track record in many landmark reported cases involving a diverse range of clients

He appears against and for the government with appropriate security clearance

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Arfan has appeared in the Privy Council and the European Court of Human Rights

In 2009, he was named Times Lawyer of the Week

His experience places him in an ideal position to contribute in a larger team, with clients often instructing him as a leader, or in appeals where other lawyers have appeared at first instance.

Select cases include:

COMMMERCIAL/CHANCERY

• V v D (2017-2018) QBD (Commercial Court). $200 million cross border bond dispute.

• J v G (2017-2018) Ch. A dispute involving recoveries in excess of $8 million.

• A v A (CA) (2017-2018). £65 million dispute raising jurisdictional issues.

• K v Trustee in Bankruptcy (2017) (Ch). £multi mullion dispute involving alleged transactions at undervalue/tax avoidance.

• Axia FX Ltd v RBS (2012-2016) (QBD). £multi million dispute involving the use of an ISDA agreement.

• SA Builders & Contractors Ltd v Holm [2016] EWCA Civ 712. Meaning of any document purporting to be a defence. Lead Counsel.

• Peak Construction v Savva [2016] EWHC 1295 (Ch). Case management where breach of multiple orders alleged.

• Barclays Bank v B (2016) Ch. £multi million dispute involving enforcement of guarantees.

• Governor and the Company of the Bank of Ireland v Jaffrey & Gill [2012] EWHC 1377 (Ch); CA. Appeal involving breach of fiduciary duties/commercial fraud/bribery.

• Anami Holdings v Gill [2014] EWHC 3800 (Ch). £2.5 million summary judgment defeated.

• Bank of Ireland v Gill [2014] B.P.I.R. 156. Bankruptcy proceedings/setting aside statutory demand.

• Gaurilcikiene v Tesco Stores Ltd [2013] EWCA Civ 1612. Procedural irregularity in proceedings.

• Chilab v King’s College London & Anor [2013] 2 Costs L.R. 191. Security for costs.

• Integral Memory Plc v Haines Watts [2012] S.T.I.1385. Tax scheme/professional negligence/limitation periods.

• Nortel Networks UK Ltd (In Administration) v Unite the Union [2010] 2 B.C.L.C. 674. Provable debt.

• Chamberlin v Revenue & Customs Commissioners [2010] S.T.C.2782; [2011] S.T.C.1237. VAT return/debt.

• Osuji v Holmes [2011] R.V.R. 228; Times, April 19, 2011. Discontinuance of proceedings.

• Attorney General of St Lucia & The Judicial Legal Services Commission v Horace Fraser [2009] 2 LRC 26 (PC). Removal of judicial office holder/constitution.

S v RBS. £multi million dispute concerning enforcement of guarantees.

• Attorney General of Zambia v MCD [2008] Lloyd’s Rep FC 587. Commercial fraud.

•• Day v Haine [2008] B.C.C.845. Provable debt.

•• Geert Wilders (Netherlands) v Secretary of State for the Home Department [2010] I.N.L.R 337. Article 10/exclusion of foreign national.

• Michael v Official Receiver [2014] EWCA Civ 534. Apparent bias.

PUBLIC LAW

• Benkharbouche v Embassy of Sudan, 4A Law & Others intervening (United Kingdom Supreme Court) [2018] IRLR 123. (state immunity failed). Lead Counsel.

• Nwankwo & Anor v Secretary of State for the Home Department [2018] ALL ER (D) 80 (CA). (second appeals test reversed). Sole Counsel.

• Yadly Marketing v Secretary of State for the Home Department [2017] 1 WLR 1041. (correct approach to the computation of a statutory limitation period). Lead Counsel.

• KM Algeria v Secretary of State for the Home Department (2017) CA LTL. (correct approach where appellant unable to attend hearing). Lead Counsel.

• Benkharbouche v Embassy of Sudan, 4A Law & Others intervening [2015] I.R.L.R 301 (CA). (state immunity/eu law). Lead Counsel.

• Almalki v Reyes, 4A Law & Others intervening [2015] I.R.L.R. 289 (CA). (diplomatic immunity). Lead Counsel.

• R (on the application of Geller) v Secretary of State for the Home Department [2015] All ER (D) 54 (CA). (challenge to the government policy to exclude US nationals/Article 10 of the ECHR).

• Wokuri v Kassam [2013] Ch 80. Diplomatic immunity failed.

ECCOLADES:

His accolades from the legal profession include the following:

• "possessor of an exceptional general capability allied to an unparalleled commitment"

• “a polymath” who “advocates with mesmeric quality”

• a “exceptionally hard working and gifted advocate”

• "exceptional legal analysis and reasoning"

• "a formidable intellect"

• "highly intelligent"

• "a phenomenal advocate both orally and in writing" with "exceptionally high quality work"

• "has an excellent practice"

AWARDS:

He has been awarded the following awards:

• Chancery Lawyer of the Year, Finance Monthly Law Awards 2017

• Banking & Finance Barrister of the Year in the Livewire Corporate Global Awards 2016.

• Leading Chancery Barrister of the Year, ACQ Global Awards 2015.

• Leading Intellectual Property Law Barrister of the Year 2015 (ACQ Global Awards 2015).

• Leading Intellectual Property Barrister of the Year, Lawyer Monthly 2015

Arfan Khan is listed in the Asian Who’s Who International Guide

As a student, he has published papers in peer refereed law journals, including the Law Quarterly Review

Arfan was a member of the Chambers of Mark Littman QC; a leading Commercial Chambers in London. He is a member of the United Kingdom Association of Jewish Lawyers and Jurists


ACHIEVEMENTS

The Times Lawyer of the Week, 2009

Chancery Lawyer of the Year, Finance Monthly Law Awards 2017

Banking & Finance Barrister of the Year, Livewire Corporate Global Awards 2016

Leading Chancery Barrister of the Year, ACQ Global Awards 2015

Leading Intellectual Property Law Barrister of the Year, ACQ Global Awards 2015

Intellectual Property Barrister of the Year, The Lawyer Monthly Award 2015

Listed in the Asian Who’s Who International, an official UK directory, charting talents in all professions<p>

Member of the United Kingdom Association of Jewish Lawyers and Jurists

Nathanson Scholar for first place in the Nabarro Nathanson Mooting Competition

Mitchell’s Scholar for participation in the Quarter Finals of the World Universities Debating Championships

Potts Scholar, UCL, for 1st place excellence in the all UK Universities Postgraduate Essay Competition in Commercial Law

Hardwicke Scholar, Lincoln’s Inn

Distinction in Insolvency Law, LLM (University College London)

Date of call: 2001

 

His practice in chancery and commercial law includes, banking & finance, insolvency, property, trusts, professional negligence, civil fraud, partnership, company, arbitration, security for costs, commercial litigation, and appeals.

A former tutor in Property Law at the University of Sheffield, he is published in major prestigious law journals.

For further information, the reader is referred to the remaining pages of this website, in particular the independent judicial comments page and the reported cases page.