As the dust of Levicom settles, it is just a case of keep calm and carry on, say Georgina Squire and Juliet Schalker

The recent Appeal Court decision in Levicom International Holdings BV and another v Linklaters [2010] EWCA Civ 494 has a considerable impact on the way solicitors should be conducting their risk management. By creating a rebuttable inference that, when a solicitor advises a client that they have a strong case to enter litigation, and the client does that, the advice was causative, the court is warning solicitors to ensure that they have properly analysed and assessed their client’s case before recommending litigation. This case raises two important questions: how far does the rebuttable inference extend and how can we protect ourselves from potential professional negligence claims?

Linklaters advised that Levicom were “on ...

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