Bob Moxon Browne KC

Call 1969 | Silk 1990

"An outstanding counsel"

Chambers UK 2024

Expertise

Bob is a popular choice as an advocate leading teams involved in international arbitrations, including recently in relation to the construction of D & O insurance policies in disputes in India and the Middle East, and in very large claims for and against construction companies and for the Chinese Government. He also acts as an advocate and arbitrator in domestic arbitrations, especially in relation to insurance coverage issues.

Described by Chambers UK as “a warhorse of the insurance Bar” and “a popular choice for the meatiest insurance and reinsurance cases”, Bob Moxon Browne is very experienced in all areas of insurance law and practice, including subrogated recoveries involving fires, flooding and other catastrophic events, the role of insurance brokers (including at Lloyd’s), policy construction questions and repudiation for breach of warranty and fraud. He retains a special interest in life and health insurance issues, and is often counsel of choice for the insurers and reinsurers interested in these risks.

A joint head of the professional negligence group at 2TG, Bob has for many years been recognised as a leader at the Bar in this area by the Legal 500 and Chambers UK, who acknowledge him as a fantastic leader and an “impressive Silk in this specialism. He is often instructed in cases involving allocation of responsibility within multi-disciplinary professional teams or where professional negligence is alleged to have deprived the claimant of a commercial chance. Described by Chambers UK as “excellent on coverage issues”, Bob has long experience of professional indemnity policies and their proper construction. He regularly advises insurers on policy response issues especially in the case of solicitors facing claims arising out of allegations of dishonest conduct, and has extensive experience of arbitrating coverage issues, both as an advocate and as an arbitrator.

Recognised by Chambers UK as a widely respected property damage silk who is incredibly experienced in this practice area, Chambers UK also say Bob is “very approachable, knowledgeable and practical”. He has extensive experience of fire, flood and subsidence cases and has a special interest in causation questions arising from the failure of fire and flood protection devices. He was leading counsel in BMG v Galliford Try ConstructionSainsbury’s v Broadway MalyonSahib Foods v PKS, and the ING warehouse fire litigation, all concerned with the legal consequences of the failure of fire protection devices to contain the spread of fire.

Noted by Chambers UK as the frequent choice of reinsurers in life insurance disputes, Bob is an acknowledged expert on issues such as non-disclosure, ante-selection, fraud, forfeiture following death caused by the insured’s criminal act, death by suicide, and issues involving joint policies and trusts of policy proceeds. He has extensive experience of the jurisdiction of the Financial Ombudsman in this area, and is a frequent speaker on topics of current interest to the insurers and reinsurers of these risks. In 2017 Bob was successful in mounting a rare challenge to the jurisdiction of the Financial Ombudsman Service in a ground breaking life insurance case.

Bob’s special areas of expertise are in banking and bank lending, property valuation and investment, mortgages and mortgage fraud and the roles played by accountants and auditors in valuing corporate assets in the context of loans, mergers and acquisitions and he has been involved in numerous Court of Appeal cases in these areas.

As leading counsel for the successful respondents in Allied Maples v Simmons & Simmons  (1995) 1 WLR 1602, Bob is an acknowledged expert on the application of “loss of a chance” doctrines to commercial situations.

Significant Cases


Grain House International v ADM International (2024) EWCA Civ 33

Landmark Court of Appeal guidance on interpretation of asset disclosure orders made in aid of enforcement of Arbitration Awards,and on the responsibility of company directors for breaches of Court orders to which they are not themselves party.


ADM International v Grain House International (2023) EWCA 135 Comm

Enforcement of GAFTA Arbitration Award via application for contempt of asset freezing and disclosure orders.


ICC Arbitration 2022

Acting for the Chinese Government and construction companies in an ICC Arbitration in relation to claims in excess of £2.7 billion.


DIFC-LCIA Arbitration (2022)

Acting in a DIFC-LCIA Arbitration in relation to D & O insurance claims for sums in excess of £250 million.


Bluebon Ltd v Ageas (UK) Ltd and Ors (2018) Ll. Rep. IR plus 36

Construction of warranties in fire insurance policies.


Shepherd v Byrne & Partners (2018) Ll. Rep. FC7

Solicitor specialising in white collar criminal law: scope of professional duty to give advice on tax matters.


R (ex p. Aviva Life and Pensions (UK) Ltd v Financial Ombudsman Service (2017) Ll. Rep. IR. 404

Leading current authority on jurisdiction of FOS to disregard the law and industry practice in their insurance decisions.


Zurich Insurance Plc v. Maccaferri Ltd (2017) Lloyds Rep IR Plus 12

Leading Court of Appeal authority on notification clauses in public liability insurance.


Re Perepilichnyy decd and Sec. of State for Home Dept. v HM Senior Coroner for Surrey (2016) EWCH 3001

Administrative Court. Home Secretary’s claim for Public Interest Immunity against disclosure of documents to the Senior Coroner, on national security grounds, upheld by the High Court.


Great Lakes Reinsurance (UK) SE v Western Trading Ltd (2016) EWCA 1003

Court of Appeal authority on the measure of the insurance indemnity when a derelict heritage building is destroyed in a fire.


Maccaferri Ltd v Zurich Insurance Plc (2015) Ll Rep I.R. 504

Commercial Court consideration of notification clauses in public liability insurance.


Western Trading Ltd v Great Lakes Reinsurance (UK) Plc (2015) EWHC 103

Measure of damages following burning of listed building.


Co-op Group v Birse Construction (2014) EWHC 530

Leading authority on limitation in construction contracts.


BMG (Mansfield) Ltd v Galliford Try Construction Ltd and Anor (2013) All ER 185

Relative responsibilities of architects and building contractors for spread of fire – alleged “expert shopping”.


IG Markets Ltd v Crinion (2013) All ER 272

Court of Appeal consideration of Financial Services Authority control of investment in contracts for stock market differences; need for independent judicial reasoning.


Royal and Sun Alliance v Singh (2012) EWHC

Successful defence of insurers following fraudulent property damage claim.


Gemini v Lonsdale & Ors (2011) EWHC

£4m recovery from Lloyds Underwriters and brokers following unjustified repudiation of Lloyd’s certificate.


Keystone & Ors v Total UK (2011) EWHC

Successful multi-million pound insurance recovery following catastrophic damage to McDonald’s distribution network caused by Buncefield explosion.


Nayyar v Advani and Denton Wilde Sapte (2010) PNLR 15

Defence of senior solicitor alleged to have acted in corrupt travel agency deal with Air India.


Amsprop v Hobart UK (2009) All ER 32

Recovery action by insurers of Lord Sugar’s property portfolio following fire at Hard Rock Cafe.


Scottish Coal v Royal and Sun Alliance and Ors [2008] Ll Rep 718

Recovery of damages from insurers who had wrongly avoided cover following a major mining collapse in Scottish Coal’s Longannet coal mine.


Smith v Southampton University NHS Trust (2007) All ER 228

Application of Bolam test to surgeon’s negligence, successfully overturning High Court Judge’s findings of fact in Court of Appeal.


Horton v Lloyds Pharmacy Ltd (2007) PNLR 2590

Relative responsibilities of doctor and pharmacist for catastrophic consequences of misprescribing.


Minai v Roiter Zucker (2005) All ER 5

Successful defence of solicitors alleged to have committed the claimant to the purchase of a £7mLondon mansion without instructions.


Thames Water Authority v London Transport (2004) 95 Con LR 127

Acting for London Transport and their insurers in claim for £20m water damage caused by burst water main.


Gaca v Pirelli (2004) 1 WLR 2693

Landmark Court of Appeal insurance case establishing the circumstances in which collateral insurance benefits may be deductible from personal injury damages.


Drake v Provident (2004) QB 601

Landmark Court of Appeal insurance case establishing post- contractual duty of good faith in claims handling.


New Hampshire Insurance Co v Whitely and Ors 2003 All ER 57

Insurers refuse underwriters right to conduct audit – reasonableness of “without notice” search order.


Pedley v Avon DC (2003) All ER 565

Garage fire – origins, cause and responsibility.


Resource America v Platt Site Services (2003) All ER 143

Court of Appeal case establishing liability of contractors for warehouse fire, in negligence, nuisance and Rylands v Fletcher.


Sahib v PKS 2003 Con LR 1

Relative responsibility of architects and factory owners for lack of fire protection leading to spread of fire and consequent £20m loss.

Privacy Policy

Bob Moxon Browne KC Privacy Policy

My contact details:

ICO Reg No: Z2484302
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

© Briefed Ltd 2021. All Rights Reserved.

"An excellent advocate with real gravitas."


Legal 500 2024

"A doyen of the insurance Bar - what he doesn’t know isn't worth knowing."


Legal 500 2023

"A powerhouse of the Bar. He has real presence and gravitas."


Chambers UK 2023

"A silk you want in your corner."


Chambers UK 2023

"Tenacious and fearless."


Chambers UK 2022

"Incandescently clever, a brilliant leader."


Legal 500 2022

"Spot-on judgment and immense gravitas in Court."


Chambers UK 2021

"An excellent communicator who provides first class written advice… a sharp mind."


Chambers UK 2020

  • Queen’s Counsel (1990)
  • Recorder
  • Deputy Judge of Technology and Construction Court
  • Deputy Judge of the High Court

  • BA, University College, Oxford University

  • Commercial Bar Association
  • Professional Negligence Bar Association
  • Technology & Construction Bar Association
  • Western Circuit

  • Injury Times 2008: “Butterfingers and the Bolam Test”: the Test for Negligence Where the Surgeon has been Physically Clumsy.
  • On Risk Summer 2008: “Has Matron Seen Those Boils?”: The Law Commission’s Proposals on Misrepresentation and Non-Disclosure in Life and Health Insurance.
  • On Duty Summer 2008: “The Chance Would be a Fine Thing”: Recent Cases on the Valuation of a Lost Opportunity to Pursue Stale Litigation.
  • On Risk Summer 2007: “Death by Dangerous”: Life Insurance Recovery When One of Two Co-Insured is Killed by the Other.
  • On Duty Summer 2007: “Don’t Blame Me, Blame the Doctor’s Handwriting”: Relative Responsibilities of Physician and Pharmacist when the Wrong Medication is Dispensed.
  • On Risk Winter 2006/7: “The Insurers’ Duty of Good Faith”: Remedies Against Insurers Who Fail to Pay Promptly.
  • On Duty Winter/Spring 2006: “Well Here’s Another Fine Mess You’ve Got me Into…!”: No Transaction Damages in Professional Negligence Cases.
  • On Duty Spring 2005: “Fire Walls and Wildfire”: the Role of Construction Industry Professionals in Checking Fire Spread.
  • On Duty Winter 2000: “Band” Theory in Valuer’s Negligence Cases.

“Widely respected”
Chambers UK 2024

“An exceptional advocate with great presence” 
Chambers UK 2024

“Technically very astute” 
Chambers UK 2024

“An outstanding counsel” 
Chambers UK 2024

“An excellent advocate with real gravitas.”
“Bob is a long-term favourite with insurers for professional negligence work. There’s no situation he hasn’t encountered over the years.”
Legal 500 2024

“A doyen of the insurance Bar – what he doesn’t know isn’t worth knowing”
Legal 500 2023

“He combines an authoritative and captivating advocacy style with a truly ferocious work ethic”
Legal 500 2023

“Bob is a powerhouse of the Bar. He has real presence and gravitas”
Chambers UK 2023

“He is a silk you want in your corner”
Chambers UK 2023

“Tenacious and fearless”
Chambers UK 2022

“A formidable presence in court”
Chambers UK 2022

“Really excellent; with experience of the very largest professional negligence cases”
Chambers UK 2022

“Approachable and user-friendly, he takes on difficult cases and finds solutions”
Chambers UK 2022

“Incandescently clever, a brilliant leader”
Legal 500 2022

“You can be confident that he will deal with the most sensitive of cases with thoroughness and professionalism”
Legal 500 2022

“A fine advocate”
Legal 500 2022

“He is extremely sharp, possessing an encyclopedic knowledge of the law coupled with approachability.”
Legal 500 2022

“Truly fearsome when presenting a case … an incredible ability to recall minor details”
Chambers UK 2021

“Experienced and unflappable”
Chambers UK 2021

“Very enjoyable to work with.  He is immensely clever, and spots points which others have not seen”
Chambers UK 2021

“I have great confidence in his judgment”
Chambers UK 2021

“An accomplished performer”
Chambers UK 2021

“Spot-on judgment and immense gravitas in Court”
Chambers UK 2021

“With vast experience in insurance work, he is held in very high regard across the industry”
Legal 500 2021

“His advice is invaluable.  He is very clear in his recommendations and in identifying the merits in complex multi-faceted cases”
Legal 500 2021

“An excellent communicator who provides first class written advice… a sharp mind”
Chambers UK 2020

“Very experienced at dealing with insurance coverage and claims repudiation”
Chambers UK 2020

“A widely-respected property damage silk… especially well-known for expertise in catastrophic fire cases”
Chambers UK 2020

“A real fighter”
Legal 500 2020

“Widely respected…”
Chambers UK 2019

“Very approachable, knowledgeable and practical”
Chambers UK 2019

“Cool, calm and collected in Court”
Chambers UK 2019

“Bullish, to the point and very client focussed”
Legal 500 2018

“a very astute and canny operator”
Chambers UK 2018

“An extremely capable silk”
Chambers UK 2018

“Especially well known for his experience in catastrophic fire cases”
Chambers UK 2018

“Exceptionally experienced”
Chambers UK 2018

“Displays great attention to detail and explains things in a simple, understandable way”
Chambers UK 2018

“A man of great integrity and a gentleman in Court”
Chambers UK 2018

“Formidable”
Legal 500 2017

“Extremely helpful and pragmatic”
Chambers UK 2017

“First-rate… he’s seen everything and been everywhere”
Chambers UK 2017

“A warhorse… fantastic with clients”
Chambers UK 2016

“Incredibly experienced and streetwise”
Who’s Who Legal 2015

“Breathtaking…”
Chambers UK 2015

“He is always a pleasure to work with”
Chambers UK 2015

“Hugely experienced… a renowned cross-examiner”
Legal 500 2015

“His judgment is second to none”
Chambers UK 2014

“An imposing presence in Court”
Chambers UK 2013

“You are glad he is on your side”
Chambers UK 2013

“Completely bullet proof”
Chambers UK 2013

“A determined advocate who works at speed and covers every angle”
Chambers UK 2013

“Hugely experienced… a vast legal brain”
Legal 500 2013

“Renowned…”
Legal 500 2012

“A fantastic leader”
Chambers UK 2012

“An impressive Silk”
Chambers UK 2012

“Has been involved in numerous heavyweight cases”
Chambers UK 2012

“A popular choice for the meatiest insurance and reinsurance cases”
Chambers UK 2012

“Praised for his adept handling of lay clients”
Chambers UK 2012

“A ferocious cross-examiner… one of the most experienced litigators about”
Legal 500 2011

“An amazing Court room presence”
Chambers UK 2010

“It’s obvious that he immerses himself in and is passionate about every case he handles”
Chambers UK 2010

“He commands the Court room”
Chambers UK 2009

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