Raphael came to the bar in 2006, and practises in asylum, immigration and nationality law. He specialises in strategic litigation, often working with solicitors to identify new legal points. He aims to build cases with overwhelmingly strong evidence, and develop arguments to test and change the law.

In this update, Raphael discusses the rule of a landmark case called Browne and Dunne which has been applied and expanded in recent years. He highlights its uses as a “healthy reminder” which demonstrates what can be controlled in a case, which he explains is the way in which cases are managed. He highlights key case law that can guide (and likely change) the way that cases are prepared.

Key words/topics

Browne v Dunn (1893) 6 R. 67 (HL)

(R (Maheshwaran) v SSHD [2002] EWCA Civ 173 [2004] Imm AR 176)

Griffiths v TUI UK Ltd [2023] UKSC 48; 3 WLR 1024

Collateral matters

Manifestly incredible evidence

Bare assertions

Obvious mistakes of fact

Evidence of fact contrary to basis of report

Sufficient opportunity

Failure to comply with CPR PD 35 on expert reports