The Court of Appeal yesterday overturned a decision of Mr Justice Andrew Smith, ruling that, in giving unduly robust advice on the prospects of success of a claim, Linklaters had caused former client Levicom to pursue that case rather than to settle it.  Smith J had found that whilst Linklaters’ advice had been negligent, that negligence was not causative of any loss – but the Court of Appeal disagreed. Levicom’s multi-million pound claim against Linklaters will now proceed to assessment, where previously Levicom had been awarded only nominal damages.

Justin Fenwick QC and Ben Patten QC acted for Levicom. 

For the full judgment of the Court of Appeal, please click here.

For a fuller article on the decision, by Miles Harris, please click here.