February 28, 2025
Arfan Khan leads junior counsel Tahir Ashraf instructed by 4A Law Ltd (4A Law) in the above public interest intervention against the Judicial Appointments Commission (JAC) to be heard in the Court of Appeal (Civil Division).
A landmark judicial review challenge by District Judge Katie Thomas is the subject of this appeal against the JAC for its refusal to appoint her as a Circuit Judge.
Lord Justice Underhill granted 4A Law permission to intervene in writing and permitted attendance at the hearing to make necessary oral submissions, whilst admitting the evidence (to the extent it may be relied upon at the oral hearing).
The intervention seeks guidance from the Court of Appeal on the circumstances in which the JAC should disclose adverse statutory consultations to judicial applicants. It argues for the true legal interpretation of the statutory scheme governing such disclosure in light of the contextual evidence.
The intervention was opposed by Sir James Eady KC and Robert Moreto instructed by the Government Legal Department.
Arfan Khan has led in other landmark public international law cases instructed by 4A Law such as Benkharbouche v Foreign and Commonwealth Affairs [2017] H.R.L.R. 15; [2016] QB 347 (both in the Court of Appeal and in the UKSC) and Reyes v Al-Malaki [2016] 1 WLR 1785 (Court of Appeal and in the UKSC in writing).