July 4, 2025
Court of Appeal hears landmark judicial review in Court of Appeal hears landmark judicial review in Thomas v the Judicial Appointments Commission
Arfan Khan, leading Tahir Ashraf, appeared on behalf of the intervenor, 4A Law Ltd, in a landmark two-day judicial review heard in the Court of Appeal by the Master of the Rolls, Sir Geoffrey Vos, Lord Justice Underhill, Vice President of the Court of Appeal Civil Division, and Lady Justice Nicola Davies (“the Court of Appeal”).
The judicial review concerns a claim brought by District Judge Kate Thomas challenging a decision of the Judicial Appointments Commission not to recommend her for appointment as a Circuit Judge, following receipt of undisclosed adverse material.
With permission from the Court of Appeal, Arfan Khan made both oral and written submissions addressing fundamental questions about the fairness of the judicial appointments process involving statutory consultations.
Arfan Khan is instructed in the public interest by 4A Law Ltd, who have also instructed him to lead in other landmark public law interventions in the Court of Appeal and the UK Supreme Court, such as Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs [2017] HRLR 15; [2016] QB 347, and Reyes v Al-Malki [2016] 1 WLR 1785.
The Claimant, District Judge Kate Thomas, is represented by Ben Collins KC and Nicola Newbegin, instructed by RRM Law Ltd.
The Defendant, the Judicial Appointments Commission, is represented by Sir James Eadie KC, Robert Mareto, and Natasha Simonsen, instructed by the Government Legal Department.