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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)

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.
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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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