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Cause & effect

10 June 2010 / Nick Bird
Issue: 7421 / Categories: Features , Professional negligence
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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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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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