BENJAMIN BROWNE QC

Head of Chambers Silk: 1996 Call: 1976

In personal injury, Ben is “exceptionally well thought of,” provides “prompt, thorough and realistic advice,” and is considered to be a “determined trial lawyer and excellent advocate” (Chambers UK).

In clinical negligence, 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)

Ben has further been described as “incisive and thorough,” “excellent with clients” and as being 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. 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.

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 & Jurisdiction
- 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.
  
  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 atracted 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.
  
  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.
What the directories say
- Chambers UK 2012
  
  Personal Injury Band 1
  
  ‘Firm, fair and effective’ are among the traits attributed to Benjamin Browne QC who impresses clients with his ‘strong and confident negotiating style’ and ‘his ability to power through paper work like a steam train.’ His workload includes high value brain injury, tetraplegia and paraplegia cases stemming from road, biking and riding accidents.
  
  Clinical Negligence Band 1
  
  Benjamin Browne QC is a popular silk with a highly effective courtroom style who is particularly valued by solicitors for his cross –examining skills.
  
  Professional Discipline Band 4
  
  Sources are always ‘highly impressed’ by the advocacy, preparation and client handling skills deployed by Benjamin Browne QC. He takes a keen interest in matters where solicitors are accused of disciplinary infractions.
  
  Chambers UK 2011
  
  Personal Injury Band 1
  
  The ‘very authoritative’ Benjamin Browne QC has ‘a real presence in court.’ A barrister who is quite at home in most serious cases, he recently represented claimants in the ground-breaking AB and Others v Ministry of Defence. This case relates to the alleged negligent exposure of armed service personnel during a 1950sUKbomb testing inAustraliaand onChristmas Island. Another string on his bow, Browne is also known for his handling of Animals Act cases.
  
  Clinical Negligence Band 1
  
  Benjamin Browne QC has the ‘ability to absolutely crucify an opposition expert witness. If you see the opponent has an expert whose testimony is a bit shaky he’s the guy to go to.’
  
  Professional Discipline Band 4
  
  He works extensively in the field of solicitors’ discipline, and is deemed to be ‘thorough, reassuring and a superb advocate who is good at anything he does.’
  
  Chambers UK 2010
  
  Personal Injury Band 2
  
  Browne is described as ‘a master tactician and an imposing negotiator,’ who is particularly adept at Animals Act cases.
  
  Clinical Negligence Band 1
  
  Benjamin Browne QC is held in the highest regard by solicitors and fellow barristers alike. He is ‘enormously impressive in court’ and possesses ‘first rate cross-examination skills.’
  
  Professional Discipline Band 4
  
  He focuses on defending solicitors and is hailed for his ‘tremendous intellect, extremely pleasant manner and his ability to assimilate vast amounts of material.’
  
  Chambers UK 2009
  
  Personal Injury Band 2
  
  Benjamin Browne QC is ‘exceptionally well thought of’ in clinical negligence and personal Injury circles. A ‘fierce competitor, who produces exuberant displays in court,’ he is known for providing ‘prompt, thorough and realistic advice.’ His performances at settlement meetings and negotiations are particularly admired by solicitors.
  
  Clinical Negligence Band 1
  
  ‘Class act’ Benjamin Browne QC remains top choice for solicitors in professional negligence and disciplinary work. ‘He can see the bigger picture and rip an expert witness to pieces if he sees any flaws in their evidence.
  
  Chambers UK 2008
  
  Personal Injury Band 2
  
  ‘Punchy advocate’ Benjamin Browne QC gains a mention for providing quality personal injury and clinical negligence advice. He is acknowledged as both ‘thorough and realistic’ by interviewees, who also note ‘he has gravitas both in the courtroom and across the negotiation table.’
  
  Clinical Negligence Band 2
  
  The ‘effective’ Benjamin Browne QC wins plaudits as an ‘excellent cross-examiner.’ He has a mixed practice and also acts in personal Injury and professional indemnity cases.
  
  Chambers UK 2007
  
  Personal Injury Band 2
  
  Highly rated for his ‘sound practical approach,’ Benjamin Browne QC maintains his outstanding reputation for both claimant and defendant work.
  
  Clinical Negligence Band 2
  
  Benjamin Browne QC remains a leader in the field. He is an expert on catastrophic injury cases, particularly in relation to birth disasters.
Significant Cases
- Collier -v- Norton (2012) - highest personal injury award yet made in the english courts.
  
  Phethean-Hubble v Coles (CA 2012) – RTA, contributory negligence of a child.
  
  Goldsmith v Patchcott (CA 2012) – s.5(2) Volenti under Animals Act.
  
  Johnson v Castle Combe Circuit (2010) – Contributory negligence of employee.
  
  Cole v Davies-Gilbert (CA 2007) – Occupiers’ liability.
  
  Williams v The Estate of Mr James McGarley Johnstone (RCJ QBD 2008) – The claimant sought to revive a claim against the MIB under s.33 of the Limitations Act 1980 following the ruling in the House of Lords in Horton v Sadler. Court refused to exercise its discretion and dismissed the case.
  
  Mattis v Pollock (CA 2003) – Vicarious liability.
  
  Mirvahedy v Henley (House of Lords 2002) – Animals Act.
  
  Lyons v Maidment (2002) – Liability of one skier to another.
  
  Devon CC v Webber (CA 2002) – Farmer’s liability for land slip.
  
  Ward v Kraft (2001) – Liability of stress-related illness.
  
  M v Leeds Health Authority (2001) – The correct approach to accommodation claim.
  
  Davis & Docherty v Balfour Kilpatrick and others (CA 2002) – Liability for exposure to non-ionising radiation.

2 Temple Garden