David Myhill

Professional Liability

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

Selected Cases

Examples of recent instructions include:

• David regularly acts in claims against lawyers arising out of under-settlement or negligent conduct of clinical negligence claims. He currently acts in a number of ongoing cases at various stages of litigation. 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 settled for a substantial six figure sum.
• Acting in a broker’s negligence and insurance coverage dispute valued at c£2m+ in the Commercial Court, led by Ben Quiney KC.
• 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 the solicitors in relation to alleged negligence in connection with the grant of easements in a conveyancing 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.
• 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.
• Acted for a claimant in a claim arising out of a failure to properly advise on the terms of a lease.
• 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 KC) in a claim against a bloodstock agent for breach of his duties to his client.
• A number of claims arising out of the alleged negligence of solicitors, especially in the course of conveyancing transactions.

Articles

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

Read more

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