2tg
Benjamin Browne QC (Head of Chambers)
QC: 1996
Call: 1976
Expertise
Personal Injury Clinical Negligence Professional Regulation Professional Negligence Insurance & Reinsurance Farming-related litigation Police/Criminal Cases
Qualifications
Eton College
Christchurch, Oxford (MA) Jurisprudence
Appointments
Recorder (Western Circuit) 1998
Practice Profile
His main areas of work are clinical negligence where 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 2009) and an “excellent cross examiner” (Legal 500 2008). Personal injury is his second major specialism where he is “exceptionally well thought of” providing “prompt, thorough and realistic advice” and is a “determined trial lawyer and excellent advocate” (Chambers UK 2009). Described as “fierce competitor who produces exuberant displays in court” his contribution to 2tg’s reputation is further enhanced by notable cases concerning farming-related litigation, Insurance and Re-insurance and Professional Regulation. He has been instructed by Rosenblatt Solicitors to represent the claimants in the Atomic Veterans Group Litigation.
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 judgments
- 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
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.
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
- Claims against Solicitors acting for both claimant and Solicitors Indemnity Fund including claims relating to:
- negligent conduct of litigation
- negligent conduct of property transaction
- allegedly improper mortgage transaction - Claims against Barristers including claims relating to:
- negligent conduct of litigation
- negligent advice including tax mitigation measures - Claims against Accountants including claims relating to:
- valuations of businesses
- determination of accounting deficiencies
- taxation advice - Claims against Surveyors and Valuers including claims relating to:
- valuation of commercial and domestic property
- development schemes
- structural surveys - Claims against Engineers and Architects including claims relating to:
- preparation and investigation of development schemes
- conduct supervision of development schemes.
- Pursuing and defending litigation against insurers arising out of fires etc. where allegations of fraud arson, material non-disclosure and breach of warranty/condition arose.
- Fire and associated claims including pursuing and defending a large number of recovery actions arising out of fires/floods/explosions.
- Questions of agency arising in relation to insurance contracts.
- Litigation arising out of disputes as to which of a number of insurers is or may be liable to give indemnity.
- Policy interpretation and construction.
- Disputes concerning status of employees and duties owed by and to employers and employees and resultant insurance implications.
- 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.
- Cases against and on behalf of the Police involving unlawful arrest, malicious prosecution, inadequate protection of prisoners during detention.
- Prosecution for causing death by dangerous driving.
Notable Cases
Williams v The Estate of Mr James McGarley Johnstone (RCJ QBD 2008) The claimant sought to revive a claim against the MIB under Section 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) - Farmers 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.
Totty v Snowden (CA 2001) – The correct interpretation of service provisions and CPR.
Barry v. Ablerex (CA 2000) – Multiplier in personal injury cases and extent of care regime.
Burgess v British Steel (CA 2000) – Treatment of defendant’s costs following successful part 36 payment.
