Rajkiran Arhestey

Public Law

Kiran has significant experience in public law and judicial review, acting for claimants, defendants and interested parties. In particular, she has acted in a number of recent judicial reviews on parliamentary privilege raising constitutional issues. She is a member of the Attorney General’s C Panel.

Selected Cases

• Instructed by the Claimant and led by Angus McCullough KC and Shu Shin Luh in a judicial review concerning the SSHD’s duties to make reasonable adjustments for those subject to deportation and in immigration detention with disabilities.
• ABW v Secretary of State for the Home Department [2025] EWHC 3280 (Admin) – lead case on the legality of the SSHD’s Public Order Disqualification policy applicable to potential victims of trafficking. Currently on appeal to the Court of Appeal, Kiran is led by Alan Payne KC and Sian Reeves for SSHD. A previous reported judgment gives guidance on the respective jurisdictions of the Upper Tribunal and the High Court – ABW v SSHD [2025] WLR 1685.
• R (Martin & Ors) v Chancellor of the Exchequer & Anor [2026] EWHC 1123 (Admin) – instructed by the Speaker of the House of Commons and led by David Manknell KC in a challenge to the Government’s consultation process which led to reforms to inheritance tax relief which particularly affected farmers. The Divisional Court accepted the Speaker’s submissions on parliamentary privilege, refusing permission on non-justiciability grounds.
• Charity Commission for England and Wales v Parliamentary and Health Service Ombudsman [2026] EWHC 486 (Admin) – instructed by the Speaker of the House of Commons and led by David Manknell KC in a case concerning the Ombudsman’s findings of maladministration in the Commission’s handling of safeguarding complaints raised by two individuals and the Ombudsman’s subsequent decision to lay special reports relating to both cases before Parliament, pursuant to her powers under s.10(3) of the Parliamentary Commissioner Act 1967. Raised issues of interference with proceedings in Parliament.
• ALR & Ors, R (On the Application Of) v Chancellor of the Exchequer [2025] EWHC 1467 (Admin) – instructed by the Speaker of the House of Commons and led by David Manknell KC in the high-profile challenge to the Government’s policy of introducing VAT on private school fees. The Divisional Court devoted a lengthy annex to the issue of Parliamentary privilege including the use of select committee and National Audit Office reports.
• DE v SSHD (2024) – initially sole counsel, then led by David Manknell KC for the SSHD in a claim arising out of a challenge to the previous government’s response to a report of the Home Affairs Select Committee on sex trafficking. The claim was resisted on the basis that the response could not be challenged due to Parliamentary privilege. The Claimant withdrew the claim prior to the permission hearing.
• Sole Counsel for SSHD in a judicial review in the Upper Tribunal (2024) concerning a decision to refuse to grant biometric excuse to two individuals in Afghanistan.
• Shyti v SSHD [2023] EWCA Civ 770 and Ahmed v SSHD [2023] EWCA Civ 1087 – led by Julia Smyth KC in the Court of Appeal in cases concerning decisions to deprive individuals of citizenship on the basis of fraud. The Court heard argument as to the effect of R (Begum) v Special Immigration Appeal Commission [2021] UKSC 7 on appeals to the FTT brought pursuant to s.40A of the British Nationality Act 1981. Following written submissions, the Appellant’s application for permission to appeal to the Supreme Court was refused.
• Led by Angus McCullough KC in judicial review proceedings on behalf of a Claimant challenging a decision by a public body to refuse security clearance which ultimately resolved out of court.

Education and Writing

Kiran takes a keen interest in writing about the law. She is the founder and Commissioning Editor of the 1COR Quarterly Medical Law Review (QMLR). She is a co-editor along with Sir Neil Garnham, Caroline Cross and Matthew Hill of the 2^nd edition of the Inquest Book and authored the chapter on Article 2 with Peter Skelton KC. She is also co-author with Clodagh Bradley KC of the chapter on ‘The Law’ and with Philip Havers KC and Rachel Marcus of the chapter on ‘Human Rights’ in the latest edition of Powers & Barton’s Clinical Negligence (Sixth Edition). Bloomsbury Professional, 2023.

Kiran spent three months working as a judicial assistant in the Administrative Court in early 2022.

Prior to coming to the Bar, Kiran worked at Southall Black Sisters, the Bingham Centre for the Rule of Law, the UN World Food Programme in Rome and the Bangladesh Legal Aid and Services Trust in Dhaka. She was also the recipient of a prestigious Fulbright scholarship, which allowed her to complete postgraduate study at New York University, as well as Gray’s Inn’s largest scholarship for the Bar Course (the Bedingfield). She has participated in the international finals of the Jessup moot both as a competitor (Oxford, ranked 19^th internationally) and a coach (NYU).

Kiran changed her name from Barhey to Arhestey in 2024.