Tag Archives: Appeals – guidance

Arfan Khan leads the 4A Law Ltd intervention in the Court of Appeal in R (on the Application of) Thomas v Judicial Appointments Commission [2024] EWCA Civ 665

Guidance from the Court of Appeal, Judicial Appointments Commission, Public Interest Intervention, Statutory Consultations and disclosure

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).

 

ARFAN KHAN LEADS IMPORTANT APPEAL CONCERNING WHETHER A BANKRUPTCY ORDER IS A NULLITY

Bankruptcy appeal, Commercial and Chancery, Court of Appeal decision, GUIDANCE APPEAL, , , , , ,

ARFAN KHAN LEADS IMPORTANT APPEAL CONCERNING WHETHER A BANKRUPTCY ORDER IS A NULLITY

Arfan Khan led Mr. Wojciech Nicholas Andrew Zalewski in an appeal, instructed by Ardens Solicitors.

The appeal was heard by Mr. Justice Zacaroli, who considered whether a bankruptcy order was a nullity under the Breathing Space Moratorium and Mental Health Crisis Moratorium England and Wales Regulations 2020 (the Regulations).

Mr. Justice Zacaroli (now Lord Justice Zacaroli) granted permission to appeal on a point of general public importance. However, he dismissed the appeal, holding that a bankruptcy order was not a nullity under the Regulations. In doing so, Mr Justice Zacaroli provided significant guidance on the scope and interpretation of the Regulations and section 282(1) of the Insolvency Act 1986.

The decision has far-reaching implications for debtors who have been presented with a bankruptcy petition but have been granted a statutory moratorium.

The judgment can be accessed through the following link.

Carter v Davies Judgment Zacaroli J