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1) LEVICOM INTERNATIONAL HOLDINGS BV (2) LEVICOM INVESTMENTS CURACAO NV v LINKLATERS (A Firm)

In the circumstances, the views that solicitors had formed about their clients' case and intended to convey in letters of advice were not negligent but the solicitors were negligent because they failed properly to convey their advice to their clients who reasonably understood that the solicitors' assessment of their position was considerably more optimistic than was intended. However, the clients failed to show that proper advice would have caused them to accept an offer or conduct negotiations differently and so they failed to prove that the negligence had caused any loss.

5 May 2009

The claimant companies (L) claimed damages against their former solicitors for breach of contract and negligence. L had telecommunications businesses in the Baltic states. A cellular telephone business in Estonia was carried on by a subsidiary (C). There was also a broadband business in that country. A smaller cellular business was carried on in Lithuania by subsidiaries. A Latvian company operated two shops in Latvia retailing handsets. Swedish companies (S) had acquired substantial holdings in the Estonian companies and the parties' relationship was governed by a shareholders' agreement. The agreement provided by clause 9 for S to maintain L's equity investment in C at ten per cent and provided in clause 13 that S would not carry on, or be engaged, concerned or interested in carrying on within any of the Baltic states any cellular network business which was the same as or competitive with any business carried on by C. S then acquired a mobile telephone network operator (B) in Latv...

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