Benjamin Browne KC

Recognised as the inaugural Legal 500 ‘Clinical Negligence & Personal Injury Silk of the Year’ in 2013, Benjamin Browne KC 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.

Expertise

Ben has experience acting on 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.

Ben has experience 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.

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.

Ben regularly advises in high profile Product Liability cases.

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

Solicitors Disciplinary Tribunal.
Administrative Court.
Court of Appeal.

Ben has an excellent reputation for acting in claims with an international aspect, and this is an increasing area of his practice. 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

O’Sullivan v. Byrnside [2020]

Quantification of damages for severely injured child thereafter with alleged developmental and brain damage consequences.

Wood v. Boam [2020]

Major dispute between insurers as to liability to compensate for severe injuries.

Shepherd v. British Cycling Federation and Anor [2019-20]

Liability of landowner for serious injury sustained during bicycle race on land.

Degenklob and Others v. Rowley [2019-ongoing]

Serious injury to professional bicyclists in Spanish road accident.

Chaplin v. Pistol [2019]

Interim payment in high value brain damage case.

Taylor-Davies v. Taylor-Davies [2018-ongoing]

Very severe injuries to young child when kicked in the head by a horse.

Privacy Policy

Benjamin Browne KC Privacy Policy

My contact details:

ICO Reg No: Z9610677
Address: 2 Temple Gardens, London, EC4Y 9AY
Email: clerks@2tg.co.uk
Phone: +44 (0)20 7822 1200

The type of personal information I collect

To enable me to provide you with legal advice and representation in courts, tribunals, arbitrations and mediations, I currently collect and process the following personal information:

Personal identifiers, contacts and characteristics (for example, name, date of birth and contact details), bank and financial details, your background and circumstance and education.

Other personal data relevant to, or included in instructions to provide legal services, including data specific to the instructions in question and data included in documents provided to me as part of instructions or otherwise.

Such information may include personal information relating to family members, associates, agents, employees, shareholders or beneficial owners. By providing such personal information to me, you automatically confirm that you are authorised to do so. It is not reasonably practicable for me to provide the information set out in this Privacy Notice to those individuals. Accordingly, where appropriate, you are responsible for providing this information to any such individuals.

Where necessary, I may also need to process Special Category data about you including

racial or ethnic origin;
personal data revealing political opinions;
personal data revealing religious or philosophical beliefs;
personal data revealing trade union membership;
genetic data;
biometric data (where used for identification purposes);
data concerning health;
data concerning a person’s sex life; and
data concerning a person’s sexual orientation.

How I get the personal information and why I have it

Most of the personal information that I process is provided to me directly by you or via the professional you have instructed such as a solicitor or consultant or other professional adviser who instructs me on your behalf to provide legal services.

I use the information that you have given me in order to

provide legal services to you, my client, including the provision of legal advice and
representation in courts, tribunals, arbitrations, and mediations
keep accounting records and carry out office administration
take or defend legal or regulatory proceedings or to exercise a lien
respond to potential complaints or make complaints
check for potential conflicts of interest in relation to future potential cases
promote and market my services
carry out anti-money laundering and terrorist financing checks
train other barristers and pupils, and when providing work-shadowing opportunities
publish legal judgments and decisions of courts and tribunals as required or permitted by law.

I may share this information with

other professional advisers such as other legal professionals and consultant experts and other witnesses
courts and tribunals
the staff in my Chambers
prosecution authorities
pupils and mini pupils
lay clients
family and associates of the person whose personal information I am processing
in the event of complaints, the Head of Chambers, other individuals nominated by Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman
other regulatory authorities
current, past or prospective employers
education and examining bodies
business associates, professional advisers and trade bodies, e.g. the Bar Council
professional indemnity insurers or brokers
the general public in relation to the publication of legal judgments and decisions of courts and tribunals
If you have engaged other professional advisers to instruct me on your behalf on the matters on which I am providing legal services to you, I shall assume that I may disclose your personal information to them unless you tell me otherwise.
I may be required to provide your information to regulators, such as the Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without my consent or yours, which includes privileged information.
I may also be required to disclose your information to the police or intelligence services, where, acting in good faith, I consider it required and permitted by law.

Under the General Data Protection Regulation (GDPR), the lawful basis I rely on for processing this information is

The processing is necessary for a contract I have with you, or because you have asked me to take specific steps before entering into a contract.
You are able to remove your consent at any time. You can do this by contacting me.
It may be necessary for me to share your personal data to comply with legal obligations to, for example, HMRC.

How I store your personal information

Your information is securely stored in Chambers or at my home. I use reasonable technical and organisational security measures such as password protection and encryption of computer generated data and keeping paper data secure to prevent personal information from being accidentally lost or destroyed, or used or accessed in an unauthorised way.

In this connection, Chambers, as data processor, acting on my behalf, will only process your personal data on my instructions and is subject to a duty of confidentiality.

The data will be held in line with any regulatory obligations and generally be kept for 6 years but may be 12 years, or longer where, for example, the case includes information relating to a minor, from the date of completion of instructions. At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period.

All data will be securely deleted or securely shredded after this time without reference to you. I will store some of your information which I need to carry out conflict checks for the rest of my career. However, this is likely to be limited only to your name and contact details and the name of the case. It will not include any information that is “sensitive information” for GDPR purposes.

Your data protection rights

Under data protection law, you have rights including:

Your right of access – You have the right to ask me for copies of your personal information.
Your right to rectification – You have the right to ask me to rectify personal information you think is inaccurate. You also have the right to ask me to complete information you think is incomplete.
Your right to erasure – You have the right to ask me to erase your personal information in certain circumstances.
Your right to restriction of processing – You have the right to ask me to restrict the processing of your personal information in certain circumstances.
Your right to object to processing – You have the the right to object to the processing of your personal information in certain circumstances.
Your right to data portability – You have the right to ask that I transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
You are not required to pay any charge for exercising your rights. If you make a request, I have one month to respond to you. Please contact me at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk if you wish to make a request.

Transfer of your information outside the European Economic Area (EEA)

This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA. If I do transfer your personal data I will use safeguards to ensure the data is fully protected as required by the UK Data Protection Regulations.

Changes to my Privacy Policy

From time to time, I may need to make chances to my privacy policy. If so, the changes will appear on my entry on the 2TG website.

Marketing

As above, I may share your personal data with Chambers who may in turn use that data to notify you by email, or post about an invitation to seminars and similar events. You may opt out of receiving any such marketing communications at any time by using the “unsubscribe” link in any emails. In relation to how Chambers uses such data, please see Chambers’ privacy policy. Other than sharing personal data with Chambers as described above, I will not share your information with any other third party for marketing purposes.

How to complain

If you have any concerns about my use of your personal information, you can make a complaint to me or to my Senior Clerk, Lee Tyler at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk. You can also complain to the ICO if you are unhappy with how we have used your data.

The ICO’s address:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Helpline number: 0303 123 1113
ICO website: https://www.ico.org.uk

"An excellent advocate"
Chambers UK 2024

"A formidable yet gracious and graceful advocate - a true class act."
Chambers UK 2023

"He is truly a leader in the field."
Legal 500 2023

"He is brilliant... a very good strategist and has a good eye for detail."
Chambers UK 2023

"He instinctively knows what points to take and his preparation is meticulous."
Legal 500 2023

"He is extremely knowledgeable, with a strong sense of commercial expertise on cases of the very highest value and complexity."
Chambers UK 2023

Queen’s Counsel (1996)
Recorder (Western Circuit)

‘Clinical Negligence & Personal Injury Silk of the Year’, Legal 500 2013

MA Jurisprudence, Christ Church, Oxford

British Association for Sport and Law
LawInSport

“Benjamin Browne is very experienced and clearly knows his stuff.”
“He is an excellent advocate and is very thorough. He builds a good rapport with experts and clients.”
“He has very excellent technical knowledge and a good general understanding of issues of commerciality.”
Chambers UK 2024

“Ben is a truly outstanding barrister. He is meticulous in his approach to cases and always provides incisive and authoritative advice.”
“An excellent and thorough advocate with a meticulous attention to detail.”
Legal 500 2024

“Benjamin is brilliant. He is a very good strategist and has a good eye for detail.”
“Benjamin is extremely knowledgeable, with a strong sense of commercial expertise on cases of the very highest value and complexity.”
“There are few silks who are more impressive or imposing in court. He is a formidable yet gracious and graceful advocate.”
“He is very thorough, detailed and has a really good grasp of the details and the evidence.”
“Benjamin is extremely knowledgeable.”
“His knowledge of his subject area is vast.”
“He is a formidable yet gracious and graceful advocate – a true class act.”
Chambers UK 2023

“A superb advocate. He instinctively knows what points to take and his preparation is meticulous. He is truly a leader in the field.”
“Very responsive and skilled at managing experts.”
Legal 500 2023

“He is very knowledgeable, measured and practical in his advice.”
“A formidable and very impressive barrister.”
“He has extensive experience handling cross-jurisdictional matters.”
“He is able to cut through really complex issues and solicitors respect and value his opinion. He is also excellent at ADR and GSMs.”
“An extremely experienced silk with an incredible grasp of the issues. He assimilates an incredible amount of evidence and manages and prepares his cases brilliantly.”
“An immensely friendly barrister and a great advocate who really knows his stuff.”
Chambers UK 2022

“He is a giant in the field. He knows the law inside out and is very effective in conference.”
“His in-depth knowledge of travel law and PI make him the go-to silk for accidents abroad.”
“…has exceptional client handling skills”
Legal 500 2022

“An excellent practitioner”
“He has a very down-to-earth and caring manner and ensures clients feel they are in safe hands”
“Very good with clients – he’s caring and thoughtful”
“Experienced and easy to work with”
“Effective in court and thorough in his preparation. He’s also very approachable and responsive”
Chambers UK 2021

“A truly outstanding barrister with a widely respected national reputation”
“Outstanding expertise in advocacy and negotiations. Claimants and defendants alike could not find a safer pair of hands for a high-value cross-border claim”
Legal 500 2021

“He is undoubtedly one of the UK’s most renowned barristers for catastrophic injury work. He is an excellent advocate and negotiator, which, combined with his down-to-earth and caring manner, makes clients feel they are in very safe hands”
“He is meticulous in his preparation and very empathetic with clients”
Chambers UK 2020

“He has a very impressive presence in court and is a tough but sensible negotiator”
“A first-rate advocate who is courteous but highly effective for his client”
“He is extremely knowledgeable and very able”
Legal 500 2020

“Very responsive and very easy to deal with”
“Very experienced and great with clients”
“He’s always very thorough in his preparation and has a real presence in court”
“He’s an outstanding advocate and barrister. He establishes an excellent rapport with clients and has very good attention to detail”
“A tremendous advocate and a very powerful negotiator”
“He’s very approachable and provides detailed. Considered and commercial advice”
Chambers UK 2019

“Extremely experienced. He has a lot of gravitas and is very impressive in court”
“Tactically astute and commercially minded”
“Acknowledged as a very competent performer and admired by defendant insurers”
“Approachable and always well prepared. A formidable negotiator”
“He is excellent, very down-to-earth and great with clients”
“He conceals a great deal of knowledge below a smooth exterior”
Chambers UK 2018

“A formidable advocate and negotiator”
“He combines a formidable courtroom presence with a charm that is deployed to devastating effect”
Legal 500 2017

“He brings great authority and great gravitas to his cases”
“He has a great presence and is an excellent advocate”
“…never misses a trick, he’s really first-rate”
“Meticulous with his paperwork and extremely approachable”
Chambers UK 2017

“A master of the detail and a calm authority”
“He gets to the heart of a case, and provides practical and pragmatic advice”
Legal 500 2016

“Very good with clients and very good when negotiating with the other side; he takes no prisoners”
“His strength is his ability to consider extra-jurisdictional issues that arise in severe injury claims”
“He’s an exceptionally effective advocate”
“He’s very responsive – if you ask him to do something by a certain date, he does it”
“He has an outstanding reputation as a representative for both claimants and defendants. He is an excellent advocate and negotiator, which, combined with his down-to-earth and caring manner, makes clients feel they are in very safe hands”
“Commands authority in negotiations, and is unerring in his analysis of cases”
Chambers UK 2015

“Widespread acclaim for his expertise in catastrophic injury cases”
“Nobody would ever query his effectiveness – he’s first rate”
“He has the ability to get to the nub of the issues and he’s very persuasive in negotiations”
“A highly respected silk”
“Incisive and authoritative”
“Very impressive… I wouldn’t hesitate to use him in future”
Chambers UK 2014

Inaugural Legal 500 Personal Injury Silk of the Year 2013

“Firm, fair and effective”
“strong and confident negotiating style”
“his ability to power through paper work like a steam train”
”a popular silk with a highly effective courtroom style who is particularly valued by solicitors for his cross –examining skills”
“highly impressed”
Chambers UK 2012

“very authoritative”
“a real presence in court”
“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”
“thorough, reassuring and a superb advocate who is good at anything he does”
Chambers UK 2011

“a master tactician and an imposing negotiator”
“enormously impressive in court”
“first rate cross-examination skills”
“tremendous intellect, extremely pleasant manner and his ability to assimilate vast amounts of material”
Chambers UK 2010

“exceptionally well thought of”
“fierce competitor, who produces exuberant displays in court”
“prompt, thorough and realistic advice”
“Class act”
“He can see the bigger picture and rip an expert witness to pieces if he sees any flaws in their evidence”
Chambers UK 2009

“Punchy advocate”
“thorough and realistic”
“he has gravitas both in the courtroom and across the negotiation table”
“effective”
“excellent cross-examiner”
Chambers UK 2008

“sound practical approach”
Chambers UK 2007

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Expertise