Solicitors Negligence: Levicom v Linklaters

Published on 12 December 2010 by admin in blog

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Liverpool Solicitors Armstrongs writes as to a recent Solicitors Negligence claim in the Court of Appeal.

Levicom appealed to the Court of Appeal as to the lower courts decision which had been that although Linklaters  negligently advised  Levicom, the claimant had not suffered damage as they would have proceeded in any event in the same way without the advice. The court therefore awarded only nominal damages and costs.

The Court of Appeal overturned the the lower courts decision. The judge felt the lower court was wrong in deciding the negligent advice was not causative of the Claimants loss.

“When a solicitor gives advice that his client has a strong case to start litigation rather than settle and the client then does just that, the normal inference is that the advice is causative. Of course the inference is rebuttable – it may be possible to show that the client would have gone ahead willy-nilly. But that was certainly not shown on the evidence here. The Judge should have approached the case on the basis that the evidential burden had shifted to Linklaters to prove that its advice was not causative.”

Solicitors will face real difficulties in rebutting the presumption that the Solicitors advice had not caused the loss. This is a common sense decision that if you take advice from your solicitor and that advice proves wrong that a client should be entitled to the presumption that they have relied on that advice unless it can be proved otherwise.

If you have a Solicitors Negligence claim then call us or fill in an enquiry form on line.

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