Photo of Benjamin Browne QC

Benjamin Browne QC

Call 1976
Silk 1996

bbrowne@2tg.co.uk

+44 (0)20 7822 1200

“a superb analytical mind”

Chambers UK

“incisive and authoritative”

Chambers UK

"...never misses a trick, he's really first-rate."

Chambers UK 2017

"A formidable advocate and negotiator."

Legal 500 2017

"He combines a formidable courtroom presence with a charm that is deployed to devastating effect."

Legal 500 2017

Recognised as the inaugural Legal 500 Clinical Negligence and PI Silk of the Year in 2013, Ben enjoys a reputation for being a “class act” who can “see the bigger picture and rip an expert witness to pieces if he sees any flaws in their evidence” (Chambers UK). He is also described as an “excellent cross examiner” (Legal 500).

In personal injury, Ben is “first rate”. He provides “timely, thorough and well prepared advice,”. Recently, he acted for the defendants in Collier-v- Norton, a personal injury case in which the highest individual settlement to date (£15m) was awarded. He is considered to be “very persuasive in negotiations” (Chambers UK). His practice has developed a significant international flavour in recent years, and he is ranked in Travel by Chambers UK, where he is described as “very impressive”.

He is described as “incisive and thorough”, “excellent with clients” and a “persuasive and strong” advocate.

A noted fierce competitor who produces exuberant displays in court, Ben’s contribution to 2TG’s reputation is furthered by significant cases in farming-related litigation, insurance and reinsurance, and professional regulation.

Personal Injury

Many personal injury cases for claimants and defendants including:

Liability of BBC and others for exposure of employees and independent contractors to non-ionising radiation.

Liability for work-related stress.

Liability for personal injury following tyre failure consequent upon manufacturing defect.

Liability for escaping horses.

Liability for riding accidents in various circumstances.

Liability of school for trespassers using school pool.

Liability of local authority for failure to grit roads in adverse weather conditions.

Liability for death of employees whilst serving abroad in an unstable country.

Liability of skiers to others using slopes.

Whether bicyclists contributory negligent for failing to wear helmets.

Vicarious liability of employer for criminal acts of employees.

Vicarious liability of employer for non-authorised journeys of employees.

Liability of MIB to indemnify in respect of RTA judgements.

Many running down cases, employers’ liability and occupiers’ liability cases.

Many cases in relation to somatic or hysterical disorders.

Cases involving PVS and many other major head injuries.

Many tetraplegic, paraplegic and serious amputation cases.

Fatal Accident Act claims.

Clinical Negligence

Acting for both claimants and defendants including:

Many catastrophic birth injury cases.

Cases against GPs, surgeons and hospital/health authorities negligent diagnosis/treatment

Case concerning alleged failure to recognise T.I.As leading to major stroke.

Cases concerning failure to safeguard suicidal patients.

Disputes as to the correct approach to care, multipliers.

Travel

Ben acts in an increasing number of claims with an international aspect. He has particular experience of dealing with complex issues relating to discount rates in cross-border cases and claims by foreign insurers and social security bodies for recovery of their outlay. He frequently deals with foreign legal experts as well as foreign experts in other disciplines such as employment, accommodation and care.

 

Significant Cases:


  • Wall v Mutuelle de Poitiers Assurances
     [2012]

    Claim in England for an accident in France. Substantial issues of jurisdiction under Rome II.
  • Virgin Airways v British Airports Authority and Heathrow Airport[2011- ongoing]
    Claim by a disabled US citizen injured in an accident at Heathrow Airport. Issues relating to the Montreal Convention, jurisdiction and applicable law.
  • A v B (Confidential) Jersey [2011 – ongoing]
    Catastrophic claim arising out of accident in Jersey.
  • Lutsky v Kimmelman and Quinn Insurance Ltd. [2010 – ongoing]
    Fatal accident to a Canadian citizen in the UK. Complex issues of quantification of Canadian earnings.
  • Tolmer v Tullett [2010] QBD
    Large personal injury claim by a French sailor.
  • Den Dulk v Avon Thoroughbreds [2009-ongoing]
    High value claim arising out of a riding accident involving a Dutch Claimant requiring consideration of issues of Dutch law and practice.
  • Denis and Caisse Primaire Assurance Maladie de Paris v MIB[2007-9] QBD
    High value personal injury claim involving a French citizen. Recovery action brought by French social security body to recoup outlay successfully defeated. Complex issues of French law and EU law, including issues relating to EU Regulation 1408/71.
Farming-related Litigation

Disputes as to quality of products supplied (especially for use in animal feeds).

Disputes as to quality of live products (trout etc).

Disputes as to quality of animal feeds supplied.

Disputes arising out of crop-spray drift.

Personal injury cases arising in a farming context.

Claims arising out of pollution of water courses.

Claims against MAFF concerning negligent certification of farm stock.

Disputes concerning milk quotas.

Sport

Ben acts for diverse sporting clients who are attracted by his own reputation as a fierce competitor and his incisive approach, coupled with a practical and in-depth understanding of their sport. He has a particular interest in horses and has developed an expertise in this area which makes him highly sought after in equine related litigation.

He is an acknowledged expert on the Animals Act 1971 and has appeared in many of the leading cases on the statute, most notably the House of Lords decision in Mirvahedy v Henley [2003] 2 AC 491.

He has acted in matters concerning racing stables and trainers, jockeys, stable hands and injuries arising in polo matches.

Ben is also adept in motorsport matters. He has advised the British Motocross Association and their insurers and acted for riders injured during motorcycle racing meets.

His practice in this area is complemented by an increasing number of disputes arising in sport undertaken for pleasure as well as competition, particularly skiing, swimming, diving and recreational horse riding.  Issues include employers’ liability, insurance, health and safety and involvement of regulatory bodies and local authorities.

 

Significant Cases:


  • Mirvahedy v Henley
     [2003] 2 AC 491  (House of Lords)

    The leading case on the Animals Act, with significant  repercussions for the keepers of animals and impact  on the insurance costs and exposure of commercial and professional equestrian businesses.
  • Goldsmith v Patchcott and Roach [2012] PIQR P11 (COA)
    Equestrian case under the Animals Act.  A rider injured by being thrown from a horse she was trying with a view to buying.
  • Johnson v. Castle Combe Circuit Ltd LTL 20/2/2012
    Acting successfully for the claimant, who had suffered very severe head injuries at work on the well-known motor racing circuit.
  • Den Dulk v Avon Thoroughbreds [2009-ongoing]
    Acting for the Defendant in a high value claim arising out of a riding accident involving a Dutch Claimant requiring consideration of issues of Dutch law and practice.
  • Brown v. Surry & MIB (2007)
    Horse riding accident caused when the horse was allegedly frightened by a noisy uninsured motorcyclist.
  • Lyons v Maidment (2002)
    Contested liability of one skier to another in the event of a collision.
Professional Regulation

Regularly instructed in cases arising out of allegations of professional misconduct against solicitors, Ben has appeared in:

Solicitors Disciplinary Tribunal.

Administrative Court.

Court of Appeal.

Product Liability

Regularly advises in high profile Product Liability cases