2tg
Bob Moxon Browne QC
QC: 1990
Call: 1969
Expertise
Commercial Insurance & Reinsurance Personal Injury Professional Negligence Property Damage
Qualifications
BA Oxon
Appointments
Queen’s Counsel 1990
Recorder 1991
Deputy Judge of Technology and Construction Court 1992
Deputy Judge of High Court 1998
Practice Profile
First and foremost as an advocate, presenting complex cases and cross-examining witnesses
before Judges and Arbitrators, and arguing the law in the Court of Appeal. Chambers UK 2009 noted that he “commands the courtroom”, adding in 2010 "an amazing court room presence - it's obvious that he immerses himself in and is passionate about every case he handles". Since taking silk in 1990 he has been accustomed to taking hands-on control of very heavy cases, and in the provision of leadership to large litigation teams. 2010 will see him taking three very large cases to Court arising out of the Buncefield explosion, with a combined total value of over £50m.
Bob’s special area of expertise is in banking, investment (especially property investment) and accounts (especially the techniques for manipulating accounts so as to create the false impression of profit). Court of appeal cases include Habib Bank v. Abbeypearl (banking fraud), Ball v. Banner & Ors (relative responsibility of solicitors and surveyors for land investment prospectus), Housing Loan Corporation v. Wm Brown (relative responsibility of surveyors and solicitors for loan fraud) and Routestone v. Minories Finance (relative duties of receivers and valuers towards those interested in equity of redemption). As leading counsel for the successful respondents in Allied Maples v. Simmons & Simmons, Bob is an acknowledged expert in the application of “loss of a chance” doctrines to commercial situations.
Bob Moxon Browne is very experienced in all aspects of insurance and reinsurance law and practice, including subrogated recoveries involving fire, flood and other catastrophic events, policy construction questions and repudiation for fraud. He has a special interest in life insurance and critical illness insurance issues.
He heads the professional negligence group at 2tg, and has for many years been recognised as a leader at the bar in this area by Chambers & Partners and The Legal 500. He is often counsel of choice 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.
Bob 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 Sainsburys v. Broadway Malyon and Sahib Foods v. PKS, both concerned with the legal consequences of the failure of fire walls to contain the spread of fire.
Notable Cases
Keystone & Ors v Total UK (2010 EWHC) (catastrophic damage to McDonald's distribution network following Buncefield explosion)
Nayyar v Advani and Denton Wilde Sapte (2009) EWHC 3218 (QB) (solicitors' negligence, vicarious responsibility for illegal conduct)
Amsprop v Hobart UK (2009) EWHC 2689 TCC (contractors' responsibility for fire at Hard Rock Cafe, rôle of expert evidence)
Scottish Coal v RSA and Others [2008] EWHC 880 (insurance and non - disclosure)
Patel v Windsor Life [2008] EWHC 76 (life insurance fraud)
Smith v Southampton University NHS Trust 2007 EWCA Civ 387 (Bolam test applied to surgeon negligence).
Horton v Lloyds Pharmacy Ltd 2007 EWCA 737 (responsibilities of doctor and pharmacist for consequeces of misprescribing).
Thames Water Authority v London Transport (2006 TCC) (responsibility for £20m water damage caused by burst pipe).
Minai v Roiter Zucker 2005 EWHC 2676 (QB) (solicitors’ alleged negligence – “no transaction”
damages)
Gaca v Pirelli 2005 EWCA Civ. 373 (insurance benefits deductible from damages)
Resource America v Platt Site Services (2003 All ER 143) (liability of contractors for warehouse fire - nuisance and Ryland v Fletcher)
Drake v Provident 2003 EWCA 1834 (insurance and duty of good faith)
Sahib v PKS EWHC 142 (relative responsibility of architects and factory owners for spread of fire)
Withers v Ambic Equipment CA 2002 3 All ER 385 (the need for judicial reasoning)
James Budgett Sugars Ltd. v Norwich Union 2002 Ll Rep 480 (construction of product liability policy)
Sharp v Garrett 2001 CA Ll Law Rep PN 751 (solicitors’ negligence, loss of a chance)
Beckett v Midland Electricity (2001) 1 WLR 282 (catastrophic fire, statutory interpretation)
Fennelly v Connex SE (2001) CA 1 WLR 281 (vicarious liability for criminal conduct)
Habib Bank v Abbeypearl CA 2001 (banking fraud)
Ball v Banner & Ors. CA (2000) Ll L Rep PN 1 (relative responsibility of solicitors and surveyors for investment prospectus)
MacAreavy v Coal Authority CA (2000) 80 P&CR 41 (statutory interpretation)
Grave v GA Bonus Plc (1999) LI Rep 716 (fraudulent arson by the insured)
Burns v Shuttleworth (1999) 1 WLR 1449 (insurance law, statutory interpretation)
Housing Loan Corporation v Win Browne (1999) Ll L Rep PN 185 (relative responsibility of surveyors, solicitors and bankers for loan fraud)
Routestone v Minories Finance (1997) BCLC 97 (relative duties of receivers and surveyors to those interested in equity of redemption)
Sainsburys v Broadway Malyan 61 Con Law Rep 32 (relative duties of architects and engineers for firewall; loss of chance)
Allied Maples v Simmons & Simmons (1995) 1 WLR 1602 (solicitor’s duty in take over negotiations; loss of a chance)
Additional Information
Publications
Butterfingers and the Bolam Test (surgeon’s negligence)
Injury Times Summer 2008, to read the articel please follow the link - userfiles/file/Injury%20Times%20-%20Summer%202008%20-%20FINAL.pdf
The Chance Would be a Find Thing! (jurisprudence of loss of a chance)
On Duty Summer 2008, to reaad the article please follow the link - userfiles/file/On%20Duty%20Summer%202008.pdf
Well Here’s Another Fine Mess You Got Me Into!” (“no transaction” damages)
On Duty Winter 2006, to read the article please follow the link - userfiles/file/On%20Duty%20Winter-Spring%202006.pdf
The Insurers’ Duty of Good Faith
On Risk Winter 06/07, to read the article please follow the link - userfiles/file/On%20Risk%20Winter%202006-07.pdf
Fire Walls and Wild Fire (legal liability for fire protection)
On Duty Spring 2005, to read the article please follow the link userfiles/file/On%20Duty%20Spring%202005.pdf
