David Myhill

Product Liability

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

Medical devices and pharmaceuticals

David has considerable experience of acting in relation to claims made in respect of allegedly defective medical devices or pharmaceutical products (some of which are confidential and cannot be set out on this CV).  He is familiar with the major regulatory regimes and their role in claims brought by end users. Some examples include:

• Lewin v Glaxo: acting for the defendant (Led by Alexander Antelme KC) in a claim relating to a radiological contrast medium, Myodil, which the Claimant alleges caused significant injuries decades after its use.
• Acting for one of multiple Defendants in connection with a claim against the manufacturer of an arterial stenting device, which is alleged to have caused the Claimant serious injuries when it failed to deploy properly.
• The Pinnacle Metal on Metal Hip Litigation (Gee v DePuy [2018] EWHC 1208 (QB)) – David acted for the successful defendant (DePuy) in this large group action concerning the Pinnacle metal-on-metal total hip replacement. The case involved a trial lasting for four months, and determined important issues regarding the approach to be adopted under the Consumer Protection Act 1987 in relation to medical devices. David was junior counsel alongside Richard Sage and Lara Knight, and was led by Alexander Antelme KC and Michael Spencer KC.
• Wilkes v DePuy International Limited [2016] EWHC 3096 (QB). David acted at trial for the Defendant, DePuy. 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 KC) the manufacturer in the litigation concerning the ASR metal-on-metal hip implant (ongoing).
• Representing 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.

Non-medical devices

David has wide experience of claims resulting from defective products (both consumer and non-consumer) outside the field of medical devices.  Examples include:

• Various claims for contribution in chains of suppliers/producers where personal injury has been caused by defective products, which frequently involve both direct claims in contract and claims under the Civil Liability (Contribution) Act 1978.
• Representing the user of a horse bit which failed in use, causing serious injury, in a claim against the manufacturer under the Consumer Protection Act 1987. David has settled the pleadings, and continues to advise in connection with the claim.
• Drafting pleadings and advising in respect of a recovery claim arising out of a fire caused by a defective miniature circuit breaker in a domestic property.
• A subrogated recovery arising out of flooding resulting from the failure of a sump pump in a luxury 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.
• A claim concerning the failure of pipework in office premises resulting in an escape of water.
• 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.
• Flood damage caused to residential property by the failure of a filtration device in a domestic swimming pool.
• A claim brought in respect of an allegedly defective domestic stepladder, the failure of which resulted in serious personal injury.
• Representing the owners of property stored in a large warehouse destroyed by a fire started by a defective light fitting.
• 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.

Selected Cases

Articles

• Artificial Intelligence: a move towards EU legislation
• McCulloch: the meaning of “reasonable alternative treatment”

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News

• McCulloch v Forth Valley Health Board [2023] UKSC 26, the Supreme Court clarifies the meaning of ‘reasonable alternative treatment’
• Supreme Court success for Alex Antelme KC and David Myhill

Read more

Events

• Legal and practical considerations for vicarious liability and indemnity arrangements in private healthcare

Qualifications

• BA (Hons) (Cantab)
• Bar Vocational Course: Outstanding
• Lord Hardwicke Scholarship, Lincoln’s Inn
• Lord Denning Scholarship, Lincoln’s Inn

Publications & Seminars

David regularly gives talks and seminars.  Recent topics have included:

• Practical issues arising under the Consumer Protection Act.
• The impact of the decisions in Wilkes and Gee v DePuy.
• Updates on limitation and procedural issues arising in multi-party claims and claims for contribution.
• Qualified One Way Costs Shifting: how the rules are working.
• The road to an effective Counter-Schedule.
• The law on consent after Montgomery: changes for Claimants and Defendants.

In addition, David edits the Chapters of Emden’s Construction Law concerning Termination of contracts (Ch 16) and a Contractor’s obligations as to completion (Ch 9).

Memberships

• TECBAR
• LCLCBA
• PNBA