David Myhill

Property Damage

David has substantial experience of claims arising out of damage to property, most of which are subrogated recovery actions.  Examples of his experience include:

Fire claims:

• David is instructed (led by Ben Quiney KC) on behalf of a roofing contractor in relation to a claim in the Commercial Court in which it is alleged that the roofing contractor caused a fire causing substantial damage to a restaurant, with the claim pleaded at in excess of £3.5m.
• David acted junior counsel to Andrew Rigney KC 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.
• David 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.
• He acted as junior counsel to Andrew Rigney KC on behalf of insurers in relation to a claim in the TCC pleaded at in excess of £6m. The claim arose out of a fire during renovation works, and involved issues of non-disclosure, misrepresentation and breach of condition precedent under an insurance policy to which it was alleged the Consumer Insurance Disclosure and Representations (CIDRA) Act 2012 applied.
• He 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.
• David acted junior counsel to Andrew Rigney KC 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.
• He was 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 in 2005. He acted on 10 claims, each brought for in excess of £200k, and was led by Daniel Shapiro (now KC) and Michael Curtis KC in a dispute pleaded at some £80m+.

Escape of water claims:

• David regularly acts in flood or water damage claims on behalf of insurers pursuing a subrogated recovery.
• David recently acted on behalf of insurers pursuing a subrogated recovery arising out of flooding resulting from the failure of a sump pump in a luxury property.
• David acted in a subrogated recovery action arising out of major damage caused to commercial premises as a result of the incorrect operation of ball valves in header tanks.
• David is also instructed in several cases involving damage to domestic and commercial properties caused by alleged poor (or incomplete) workmanship by plumbers. Examples include escapes of water from underfloor heating systems, escape of water from recently repaired pipework and a failure to identify and repair damage to pipework.

Miscellaneous claims:

• David has wide experience of other forms of property damage claim. Examples include: damage caused by tree roots; damage caused by building work taking place on neighbouring premises; and damage caused by a vehicle colliding with buildings on private land.
• He 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.

Selected Cases

News

• Members of Crown Office Chambers recognised as Market Leaders in Who’s Who Legal
• McCulloch v Forth Valley Health Board [2023] UKSC 26, the Supreme Court clarifies the meaning of ‘reasonable alternative treatment’

Read more

Articles

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

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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