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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)

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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