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10 June 2010 / Nick Bird
Issue: 7421 / Categories: Features , Professional negligence
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Cause & effect

Nick Bird reports on the Levicom outcome & lessons in causation

Arecent Court of Appeal decision may make it harder for defendant professionals to establish a causation defence in a narrow class of cases. On 11 May the Court of Appeal allowed the appeal in Levicom International Holdings BV and another v Linklaters [2010] EWCA Civ 494, [2010] All ER (D) 81 (May). It ruled that where a firm advises its client to pursue litigation, rather than settle, and the client does so, the normal inference is that the client acted on that advice. The burden shifts to the firm to prove that the client would have gone ahead whatever the advice and that their advice did not therefore cause the loss to the client. After this ruling, defendants in professional negligence claims will need some evidence to establish that a client would have proceeded, even if their advice had been different. Linklaters had advised the claimants, two companies in the Levicom group (Levicom), on a dispute they had with two Swedish companies. Levicom alleged

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

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Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
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