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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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