Simon Browne QC CV 2014

Temple Garden Chambers 1 Harcourt Buildings Temple London EC4Y 9DA T 020 7583 1315 F 020 7353 3969 DX 382 London Chancery Lane E clerks@tgchambers.com www.tgchambers.com

Simon Browne QC Call 1982 Silk 2011 Email spbrowne@tgchambers.com

Practice Areas Clinical Negligence Costs Fraud Health & Safety Insurance Personal Injury & Fatal Accidents Professional Discipline

Profile

Recommended by the Legal 500 in 2013 and Chambers UK 2014 as a Leading Silk in two practice areas he is an experienced advocate with particular expertise in insurance law (including professional and clinical negligence), catastrophic personal injury cases, industrial disease, police actions, costs litigation, and related areas of practice. He has been instructed in a number of high profile cases for both Claimants and Defendants. He has regularly acted in claims concerning both UK and foreign jurisdictions, has acted both for and against foreign nationals injured in the UK, and has represented UK parties over disputes occurring offshore concerning breach of duty and contract.

What the Directories say

General A very "dedicated and intellectual" practitioner one of the best is Simon Browne QC, a lawyer who views the client's needs as paramount and is “on top of his game” (Legal 500 2012). The main cut and thrust of his practice is personal injury and professional negligence, but his seamless advocacy and client-handling skills make him a popular choice for costs cases. He is “an extremely personable” silk who “crucially gets on really well with judges.” (Chambers & Partners 2014).

Catastrophic Personal Injuries Simon Browne represents clients for both Claimants and Defendants in catastrophic brain and spinal injury claims. Recommended as being 'very much in the top bracket' and as a Leading Silk in this field by Legal 500 2012 where he is described as a “combative counsel with an assertive presence”. He is “reliable and produces very detailed and effective schedules and is noted for the thoroughness with which he goes about his business” (Chambers & Partners 2012) and all clients “greatly appreciate his insight

into catastrophic injury and disaster claims.” (Chambers & Partners 2013). He receives instructions from claimants and defendants, and has significant experience in cases involving industrial disease. "He's a heavyweight whom you go to if you want a commonsense approach." (Chambers & Partners 2014).

Costs law This silk is "an effective lawyer with a smooth and measured delivery." (Chambers & Partners 2013). He is highly sought after by clients, and in court his presentation style comes in for particular praise. "An extremely good advocate, who is confident and selfassured. He's forceful in argument and persuasive." ." (Chambers & Partners 2014).

Simon Browne QC is 'an excellent leading costs counsel, and is always fully prepared or fully briefed, be it for advising in conference or presenting in court’ and is recommended by the Legal 500 2013 as a Leading Silk in this field.

Notable Cases 

Mitchell v News Group Newspapers (2013) Court of Appeal. Appeal concerning the filing of costs budgets and the effect of the late filing and relief from sanctions of the Cost Budget of MP Andrew Mitchell in his defamation claim against News Group Newspapers.

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Sale v Sale (2013) Nicola Davies J. Award equating to £14 million for teenager with complete tetraplegia. The Court approved settlement provided for a lump sum of £3.2m plus annual periodic payments for aids, therapies, 24-hour care and loss of earnings. Although the award is equivalent to £14m over her lifetime the insurer provided a reverse indemnity for care provided by the PCT which was mutually beneficial to both parties.

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Various Claimants v News Group Newspapers Ltd & Glenn Mulcaire (2012 - ongoing) Instructed as common costs counsel for the group litigation claimants arising out of mobile telephone voicemail interception

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Sylvia Henry and News Group Newspapers Limited [2013]. Appeared for the successful Claimant in the Court of Appeal when the test was laid down for demonstrating good reason to depart from costs budgets which are to be introduced in the majority of all litigation from April 2013

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F & C Alternative Investments (Holdings) Limited & Ors. V Barthelemy & Anor. [2012] EWCA Civ 843: Court of Appeal landmark decision upon analogies with Part 36, apportionment of costs, indemnity costs for failure to negotiate, and the rates and periods of interest upon damages and costs.

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Lawrence v. Kent CC [2012] EWCA Civ 493 (Court of Appeal, 26.04.12). Guidance given by Court of Appeal upon the approach appellate court should take to appeals on questions of contested fact determined by the Trial Judge as opposed to matters of discretion.

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Pickering v Eaton Aerospace [2012]. Successful industrial disease claim on behalf of employee exposed to working mineral oils over twenty years where breach of duty of care and causation were denied.

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Lindberg v Flying Aces Limited (2012): Involving both liability and quantum in fatal air crash accident during competitive air race in Malta

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Carter & Carter v Atlas Helicopters Limited (2012): Fatal Accident claim pleaded up to £20 million arising from deaths of passengers in helicopter crash

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J N Dairies Ltd. V Johal Dairies Ltd. & Anr. (2011): Disallowance of solicitor's and counsels' retrospective success fees amounting to £180,000 under retrospective conditional fee agreements

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Sutherland v Turnbull 2010 (QB): Acceptance of Part 36 offers in relation to part only of the claim

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Bennett v Stephens 2010 (QB): Assessment of reasonable security of periodical payments for an insurance company not deemed to be secure under the Damages Act 1996

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Kotonou v NatWest Bank Plc 2010 (Ch): Recovery of costs of funding

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Sklair v Haycock 2009 (QB): Assessment of future care element of claim where victim was an asperger's sufferer and would have been cared for by state in any event

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GOL Transportes Aereos v Honeywell International Inc. (2009): advising on recovery of economic loss from mid air collision of commercial passenger aircraft

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Spence v Naveda v Barking & Havering Hospital NHS Trust (2009): Clinical Negligence claim against hospital doctors rendering an RTA victim paraplegic

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British Airways v Gate Gourment (2008): fatal accident claim for death arising from swallowing of toothpick allegedly in club class food

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Murray v Express Newspapers (2007): costs in privacy proceedings brought by J K Rowlling

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Hampson v RFU (2006): advising an England U21 rugby professional rendered quadriplegic in a collapsed scrum

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Burkett v L.B. Hammersmith & Fulham (2004) (CA): set off costs to assisted person

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Heather Mills v Metropolitan Police (2003): serious personal injury to a model

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Hamilton v Al Fayad (2002): costs payable by maintainers

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Hollins v Russell (2002): enforce ability of conditional fee agreement

Notable Cases

Catastrophic/Personal Injuries and Related Areas of Practice

Bennett v Stephens 2010 (QB): Assessment of reasonable security of periodical payments for an insurance company not deemed to be secure under the Damages Act 1996 Sklair v Haycock 2009 (QB): Assessment of future care element of claim where victim was an asperger's sufferer and would have been cared for by state in any event Spence v Naveda v Barking & Havering Hospital NHS Trust (2009): Clinical Negligence claim against hospital doctors rendering an RTA victim paraplegic GOL Transportes Aereos v Honeywell International Inc. (2009): Advising on recovery of economic loss from mid air collision of commercial passenger aircraft British Airways v Gate Gourmet (2008): Fatal accident claim for death arising from swallowing of toothpick allegedly in club class food Hampson v RFU (2006): Advised an England U21 rugby professional rendered quadriplegic in a collapsed scrum Jackson v Ministry of Defence (2006) (CA): Confidentiality of settlement meeting discussions and offers Tinsley v Sarkar (2004) (CA): Entitlement to interim payment and care regime under Mental Health Act Re. Alan Hudson (2003): Serious personal injuries to former professional footballer Sheena MacDonald v Metropolitan Police (2003): Brain damage to a journalist Heather Mills v Metropolitan Police (2003): Serious personal injury to model

Cases Involving Foreign Jurisdictions

(A) He has regularly advised in civil aviation claims concerning both UK and foreign jurisdictions as follows:

(1) Gol Aviation v Honeywell Systems - a Boeing 737 passenger jet was in a mid air collision and crashed killing all on board. The airline sued for loss of profits for the company generally. The insurers' syndicate instructed two QCs in London to advise on the English Law as to this head of damage which alone were £103 million. Contradictory advice was received. Simon Browne was instructed to provide a definitive advice as to which Opinion was likely to be preferred by the Court and why.

(2) British Airways v Gate Gourmet - £3 million judgment obtained In US Courts against BA for death of passenger swallowing a toothpick in Club Class. BA claimed the recovery of those damages and costs against Gate Gourmet who Simon Browne represented. He undertook the task of examining all documentation, both domestic and foreign, in order to defend the claim and held transatlantic video conferences with US Attorneys. He argued that the US judgment was unreasonable and that BA were estopped from pursuing Gate Gourmet in the UK given its previous behaviour in the US litigation.

(3) Angel Airlines v Dean & Dean - this case involved Simon Browne acting for a Romanian airline. As part of the preparation he had to travel to Bucharest with his instructing solicitor to interview the experts in conference prior to them coming to the High Court in London to give evidence in the trial of the action.

B) He has regularly represented insurers acting against foreign nationals injured in the UK as follows:

(1) Bielfeld v Cross - Simon Browne defended a claim brought in the English High Court by a brain damaged German national (married to an Israeli) who was injured in the UK but returned to live in Germany. This involved the instruction of both English and German care experts and case managers and financial advisors as to the German benefit system and the investment and protection of funds in Germany

(2) McMillan v Stubbings - case involved an Australian female passenger rendered paraplegic by motor cycle accident in UK. She returned to live in Sydney and sued in English High Court. Simon Browne was instructed on behalf of the Defence insurer. During the litigation he held a number of early morning video conferences with the experts in Australia. The case went to trial in the UK with the Claimant travelling to the UK and the care experts giving evidence by video link to the Court

(C) He has regularly represented UK parties over disputes occurring offshore, and particularly in the Channel Islands, concerning breach of duty and contract as follows:

(1) Woodward v Falla - traumatic amputation of UK workman's leg when fork lift truck building house on the isle of Sark fell over cliff face; any finding of contributory negligence defeated claim in its entirety

(2) Mann v St Pierre Park - UK businessman suing Guernsey Hotel for defective gym equipment which caused serious injury

(3) McGlashan v St Peter Port Harbourmaster - Advice upon provisional damages of Guernsey resident claiming provisional damages for possibility of skin cancer

Costs Litigation

Sutherland v Turnbull 2010 (QB): Costs consequences of acceptance of Part 36 offers in relation to part only of the claim Kotonou v Nat West Bank Plc 2010 (Ch): Recovery of costs of funding Angel Airlines v Dean & Dean (No. 2) (2007): Relationship of CPR to Solicitors Non Contentious Business Remuneration Order Tribe v Southdown Gliding Club (2007): Effect of costs estimates inter parties Murray v Express Newspapers (2007): Costs in privacy proceedings brought by J K Rowling Angel Airlines v Dean & Dean (No. 1) (2006): CA: Definition of retainer for entitlement as to costs DTI and Royal Mail Test Cases (2006): Group litigation over high volume CFA funding Abu v MGN Newspapers (2004): Proportionality of costs in libel proceedings Burkett v L.B. Hammersmith & Fulham (2004) (CA): Set off of costs to assisted person CIBC Mellon Trust v Mora & Chascona (2003): Definition of costs in the action Gliddon v Lloyd Maunder (2003): Enforceability of collective conditional fee agreement Hamilton v Al Fayed (2002): Costs payable by maintainers Hollins v Russell (2002): Enforceability of conditional fee agreement

Police Actions

Between 1992 and 2006 Simon Browne was regularly instructed by the Commissioner of Police for the Metropolis in defending actions brought against either the Commissioner or the Receiver for the Metropolis which included injury claims and claims for

trespass to person. He was sufficiently recognised by the Commissioner's legal department to be instructed to defend notable claims by Heather Mills (amputated leg of a model) and Sheena MacDonald (brain injury to noted media personality and journalist).

He gave evidence to the Police Complaints Commission Inquiry into deaths and personal injuries arising from high speed police pursuits having conducted a number of claims and inquests arising therefrom.

Part of his practice now includes claims against the police. Indeed, in December 2002 he was invited to write an article for the Journal of Personal Injury Law on "Liability in Civil Actions against the Police" which was published. Given his practice background Simon Browne is more than familiar with cases involving police officers, the evidential material arising and examining or cross examining upon the same. He is also well regarded as to his knowledge of the law in this area given the request for his articles upon the subject.

Publications and Appointments 

Editorial Board of Sweet and Maxwell Practitioner Book “Greenslade on Costs” 1999 – 2009

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Various articles in Journal of Personal Injury Law and Litigation Funding

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Appointed to sit as Barrister Assessor in the High Court 2007

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Appointed to sit as Chairman of Bar Tribunals and Adjudication Service 2013

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Appointed to the Costs Committee of the Civil Justice Council 2013

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Appointed to sit as barrister representative on the Joint Tribunal of the Bar Council and the Law Society 2013

Memberships

Personal Injury Bar Association Professional Negligence Bar Association British Association for Sport and the Law