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David Myhill

Call 2006

"He is an absolute super-brain, but he is also extremely approachable and friendly."
(Chambers & Partners 2017)

David Myhill has a specialist practice focussing on contractual and tortious disputes, in the fields of Clinical Negligence, Construction, Insurance, Product Liability, Professional Negligence and Property Damage.

Whilst David is accomplished at drafting and advisory work, he has considerable experience of appearing as an advocate in Court, both at trial and in respect of interim hearings. He is regularly instructed as junior counsel as part of a large team on major pieces of litigation, but is equally adept working as sole counsel on disputes of a substantial value.

Clinical Negligence

David has a strong practice in the field of clinical negligence. He undertakes work for the National Health Service, various medical defence organisations and medical insurers, as well as for Claimants. His initial years in Chambers spent undertaking numerous personal injury trials have given him a wealth of trial experience as well as a familiarity with procedural matters relevant to clinical negligence claims, such as issues of limitation and costs.

In addition, David regularly appears at inquests at which the care provided to an individual is in question. He is experienced in appearing before coroners, and with issues pertinent to the field of clinical negligence, such as the law surrounding conclusions of neglect, and as to the scope of the inquest (ie. whether it is an Article 2 inquest). As with the rest of his practice, David has experience of representing both care providers as well as families at inquests.

Selected Cases

  • Acting at trial for the successful NHS Trust in a claim arising out of allegedly negligent PUVA treatment.
  • Appearing at trial for the Defendant in relation to allegations of consent and surgical negligence in relation to spinal surgery.
  • Acting at trial for an NHS Trust in a 3 day trial in relation to the proper management of a patient following a total knee replacement, including allegations of failure to diagnose deep infection. Claimant discontinued mid-trial, following cross-examination of his expert.
  • Acting at trial for the Defendant to a claim arising out of alleged mismanagement of a pulmonary embolism in a 33 year old man, resulting in his death. The case also involved difficult issues of quantification under the Fatal Accidents Act 1976.
  • Acting for the successful NHS Trust in a 4 day trial (liability only) on the question of breach of duty in relation to the proper management of osteomyelitis of the tibia.
  • Acting at trial on behalf of a GP who was alleged to have failed to diagnose ascending lymphangitis. The claim was dismissed following a 2 day trial.
  • Acting for the successful NHS Trust in a 3 ½ day trial involving issues of breach of duty and causation (which turned on both lay and expert evidence) arising out of permanent incontinence allegedly caused by inadequate catheter care during labour.
  • Acting on behalf of a Claimant in relation to the negligent management of Crohn’s disease, resulting in extensive and unnecessary surgery: the claim settled following an exchange of Part 36 offers.
  • Acting on behalf of a number of claimants in relation to negligent misdiagnosis and management of appendicitis (ongoing).
  • Acting in both the High Court and County Courts for various NHS Trusts in interim applications, ranging from orders to serve expert evidence to applications regarding split trials and in relation to costs (in particular, under the new costs regime following the Jackson reforms).
  • Advising and attending Round Table Meetings in respect of several claims over 2016 involving serious or fatal injury (including amputations, serious limb injuries including chronic septic arthritis, and cauda equina syndrome), both on behalf of NHS Trusts and Claimants, which settled for substantial six figure sums.
  • Advising an NHS Trust in respect of a complex claim for substantial damages (including provisional damages) arising out of negligently performed keyhole surgery.
  • Advising on quantum and settling schedules in cases involving various injuries caused by: prolonged healing or non-union of fractures; psychiatric shock caused by witnessing others suffer or die; failure to prescribe appropriate medication or treatment.
  • Representing an NHS Trust at a complex Round Table Meeting in a case in which liability was admitted but which raised complex questions of provisional damages and periodical payments, following hysteroscopy and biopsy of endometrial polyp resulting in several (initially undiagnosed) perforations of the small bowel.
  • Representing an NHS Trust in a Round Table Meeting in a case in which the Trust was alleged to have failed to properly treat injuries sustained in a road traffic accident caused by a co-defendant, raising difficult questions concerning apportionment and a break in the chain of causation.
  • Settled the pleadings and advised a client who developed septicaemia and spent a period of time in intensive care after an out-of-hours GP failed to diagnose the severity of his condition. Settled following an exchange of Part 36 offers.
  • Settling the defences on behalf of NHS Trusts in relation to allegations of negligence as diverse as: provision of advice as to mode of delivery; the management of delivery resulting in death of newborn; errors in closing a laparotomy; appropriateness of a “do not resuscitate” order and failure to invasively ventilate resulting in death; provision of unnecessary cardiac treatment; failure to properly treat a displaced gastric band; and errors made during a TVT procedure.
  • Settling pleadings and advised on matters relating to the Mental Health Act 1983, including a claim in which it is alleged that a patient was improperly detained / treated and one focussing upon the interaction between the MHA 1983 and the provision of treatment (without consent) at common law.

Commercial

David has experience of general commercial litigation, generally involving contractual disputes.

Sale Of Goods & Supply Of Services

He has acted in many claims arising out of sale of goods transactions or those involving the supply of services. His recent experience includes: the successful defence at trial of a claim against an IT company arising out of the alleged failure of a wifi internet system sold to a hotel; acting for insurers pursuing recovery actions against the manufacturers of various goods (from allegedly defective patio chairs to allegedly defective bouncy castles) which have failed, causing property damage or personal injury; and advising on a claim arising out of allegedly defective light fittings. David has frequently advised on the papers and in conference on experts’ evidence in relation to such matters.

David also acted as sole counsel in a claim in the High Court (which subsequently settled) against a major bank arising out of alleged impropriety in the lending of sums of money. The claim involved allegations of dishonesty, breach of fiduciary duty and negligence.

Estate Agency

David has particular experience in claims brought by estate agents for the non-payment of vendors’ commission. This experience includes a three day trial against a vendor who was found to have avoided commission on the sale of his property by selling it privately to purchasers who had been shown around the property by the agent. He has considerable experience in claims where there may be a dual fee liability on the vendor, and claims in which there is a dispute as to whether the agent introduced the purchaser to the sale transaction itself. David also frequently advises in relation to the recovery of sales commission on lettings, including disputes as to commission at renewal.

Construction & Engineering

David has had a wide experience of construction claims, especially where those claims involve elements of property damage or an underlying insurance dispute. He has both advised clients and represented them at trial on a range of matters.

Selected Cases

  • David settled the pleadings, acted at interim hearings, and advised in respect of a complex claim for £500k+ concerning a fire in commercial premises caused by defect rectification work taking place free of charge after the defect rectification period had ended. The matter settled shortly before trial.
  • David was instructed as junior counsel to Andrew Rigney QC on behalf of a major engineering company in the defence of a c£8m claim proceeding in the Technology and Construction Court arising out of alleged design defects in the construction of a dual carriageway.
  • David has acted for both builders and property owners in a variety of construction disputes arising out of works to domestic properties, involving both standard form and ad-hoc contracts.
  • David has acted for clients (homeowners, insurers and local authorities) in respect of damage to property caused by tree roots.
  • David advised on the application of the Construction Plant-Hire model conditions in a case involving the alleged negligence of a crane operator.
  • David has advised on the enforcement of adjudication awards under the Construction Acts.
  • David acted for the insurers in a subrogated claim against the builder of a house with a variety of defects, a claim which ultimately settled but which involved a dispute as to the proper interpretation and application of s1 of the Defective Premises Act 1972.

Product Liability

David has substantial experience in acting in relation to claims (under the Consumer Protection Act 1987, in contract and in tort) arising out of defective products. He has particular experience of acting for manufacturers, but also in acting for individual Claimants or insurers in bringing subrogated recovery actions for property damage caused by defective products.

Medical Devices

David has particular experience of acting in relation to claims made in respect of allegedly defective medical devices (some of which are confidential and cannot be set out on this CV).

Non-medical Devices

David also has experience of acting in respect of defective products (both consumer and non-consumer) outside the field of medical devices.

Selected Cases

  • Wilkes v DePuy International Limited [2016] EWHC 3096 (QB) – Acting for the successful Defendant in the important decision. The case concerned a fractured femoral stem forming part of a hip prosthesis and revisited the key provisions of the Consumer Protection Act 1987 and the decision in A v National Blood Authority.
  • Acting (Led by Alexander Antelme QC) the manufacturer in the litigation concerning the ASR metal-on-metal hip implant (ongoing).
  • Acting for the manufacturer of allegedly defective sun cream (claim discontinued following service of Defence).
  • Acting in respect of claims brought in respect of allegedly defective surgical sutures.
  • Acting in a claim brought in respect of an allegedly defective domestic stepladder, the failure of which resulted in serious personal injury (settled).
  • Acting for the insurers of property stored in a large warehouse destroyed by a fire started by a defective light fitting (settled).
  • Acting for domestic property owners in a claim for contamination of their own land arising out of the alleged failure of (plastic) heating oil storage tank (settled).
  • Advising in respect of a recovery claim arising out of a fire caused by a defective miniature circuit breaker in a domestic property.
  • Advising and acting at mediation in relation to subrogated recovery action on behalf of the insurer of a car dealership against the manufacturer and distributor of a defective light fitting which caused a serious fire (settled).
  • Advising homeowners in connection with flood damage caused by the failure of a filtration device in a domestic swimming pool.
  • Representing (Led by Michael Spencer QC and Alexander Antelme QC) the manufacturer in the Pinnacle metal-on-metal hip implant group litigation.
  • Representing the occupiers of an office building in a subrogated recovery claim arising out of the incorrect operation of a recently installed valve on a cold-water header tank.

Professional Liability

David has considerable experience of professional negligence actions against a variety of individuals.

Selected Cases

  • Acting for both Claimants and Insurers in numerous cases arising out of under-settlement or negligent conduct of clinical negligence claims (currently instructed on a number of such disputes). By way of example, a case in which he acted on behalf of a Claimant whose solicitor had missed limitation and poorly advised on the possibility of a discretionary extension of the limitation period recently settled for a substantial six-figure sum.
  • Acting for a property developer in relation to a c£100k claim against its former solicitor arising out of a failure to properly convey and register certain parcels of land obtained in the course of a complex property transaction.
  • Acting for a homeowner in a c£45k dispute arising out of the failure of a solicitor to identify disputes regarding the right of way to her property at the time of the conveyance.
  • Acting in Broker’s negligence / insurance coverage dispute valued at c£2m+ in the Commercial Court, led by Ben Quiney QC.
  • Acted for a claimant in a claim arising out of a failure to properly advise on the terms of a lease.
  • Provision of advice in relation to solicitors’ negligence in the conduct of family proceedings, in particular alleged under-settlement of ancillary relief proceedings often arising out of pension sharing arrangements.
  • Provision of Advice on the liabilities of a surveyor appointed under the Party Wall Act 1996.
  • Settling the pleadings (as junior counsel to Roger ter Haar QC) in a claim against a bloodstock agent for breach of his duties to his client.

Property Damage

David has wide experience of claims arising out of damage to property, most of which are subrogated recovery actions (David’s instructions are split broadly equally between bringing and defending such claims) or disputes regarding insurance coverage.

Fire

David has acted on several cases involving major fires in domestic premises, often involving issues arising out of defective products or workmanship causing fire. These cases often involve insurance disputes, either in respect of coverage or attempts by landlords to recover against tenants where a joint names insurance policy is in place.

Water

David regularly acts in flood or water damage claims on behalf of insurers pursuing a subrogated recovery. He is presently instructed on a significant number of such claims, involving substantial water damage to both domestic and commercial properties, with a range of causes from fractured valves to inoperative pumps.

Selected Cases

  • Acted junior counsel to Andrew Rigney QC on behalf of insurers bringing a c£17m subrogated claim on behalf of Claimants who had stored their goods in warehouses at the Lancashire Business Park, Leyland, and which were destroyed in a fire in December 2011. The claim involved 18 Claimants and was brought against both the landlords and freeholders. The matter settled after Particulars of Claim were served.
  • Acted junior counsel to Andrew Rigney QC in a c£3m subrogated claim in the Technology and Construction Court arising out of a fire which occurred at an aluminium factory following the failure of a CO2 extinguishment system.
  • Acted on behalf of insurers of a car dealership in respect of a subrogated recovery claim for a fire which caused substantial damage to the premises, and which was caused by a defective light fitting. The matter settled at mediation.
  • Advised on the application of the exclusion clauses in the Construction Plant-Hire model conditions to a claim in which a piece of plant was destroyed by fire.
  • Instructed as junior counsel on the team acting for Total (UK) Limited in defending claims arising out of the incident at the Buncefield Oil depot. He acted on 10 claims, each brought for in excess of £200k, and was led by Daniel Shapiro and Michael Curtis QC in a dispute pleaded at some £80m+.
  • Settled the Defence, as sole counsel, on behalf of a client sued for c£700k arising out of a fire at his premises which damaged electricity wires passing over his property, and settled an Additional Claim against the client’s public liability insurer, which sought to avoid his contract of insurance on the ground of material non-disclosure and breach of warranty.

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Qualifications


  • Lord Hardwicke Scholarship, Lincoln’s Inn
  • Lord Denning Scholarship, Lincoln’s Inn
  • BVC (Outstanding)
  • BA (Hons) (Cantab)

Memberships


  • LCLCBA
  • PNBA
  • TECBAR

Recommendations


“He has a brilliant, logical mind and pays great attention to detail.”

Chambers & Partners UK Bar 2018

“Applauded by commentators for his extensive medical knowledge, which he applies to cases on behalf of both claimants and defence organisations. He is also very experienced in appearing at inquests.”

Chambers & Partners 2017

“He is an absolute super-brain, but he is also extremely approachable and friendly.”

Chambers & Partners 2017

“His attention to detail is great. He is articulate and puts the minds of nervous clients at ease”.

Chambers & Partners 2016

“He has had a large number of wins and is a skilled advocate at trial”.

Chambers & Partners 2016

“Very approachable.”

Legal 500 2016

“Firm, intelligent and good to negotiate with. Mature and balanced, he is a lawyer who knows both his medicine and the law.”

Chambers & Partners 2015


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