DENMARK Law and Practice Contributed by: Thomas Norvold, Søren Locher, Anne Mie Lund and Pawel Weigel, Fabritius Tengnagel & Heine
Specialised Courts In addition to the general courts, there are specialised courts with limited jurisdiction. The Maritime and Commercial High Court is a spe- cialised court with exclusive jurisdiction to handle cases concerning EU trade marks and EU designs. Unless otherwise agreed by the parties, a case requir- ing expertise in international business matters or maritime, aviation, rail transport or competition law may be initiated before the Maritime and Commer - cial High Court. Its judgments can be appealed to the High Court or the Supreme Court. A judgment can be appealed to the Supreme Court if the Supreme Court finds it is of a principled nature and has general sig- nificance for the application and development of the law or significant societal implications, or if there are other special reasons for the case to be heard by the Supreme Court as the second instance. There are also other specialised courts with limited jurisdiction, including the Registration Court (Tinglys- ningsretten), the Labour Court (Arbejdsretten), the Housing Court (Boligretten) and the Special Court of Indictment and Revision (Den Særlige Klageret). 1.3 Court Filings and Proceedings It follows from the Danish Constitutional Act that, in the administration of justice, all proceedings shall be public and oral, to the widest possible extent. Court cases are normally conducted orally during a final hearing, including the presentation of relevant docu- ments, witness hearings, and the parties’ arguments. The preparation of cases, however, largely takes place in writing. According to the Danish Administration of Justice Act, court hearings are open to the public. Therefore, the public generally has the right to attend a court hear- ing and court proceedings can be publicly reported, including in the media. In criminal cases, the court may limit public access to the proceedings. Witnesses – but not the parties to the case – are not allowed to attend the court hearing until they have given their own testimony in court.
According to the Danish Administration of Justice Act, anyone can obtain copies of judgments and rulings, as well as decisions regarding legal costs in civil cases. It is possible to request copies of the parties’ plead- ings two working days before the commencement of the final court hearing. Anyone who has a substantial individual interest in a specific legal issue can demand access to documents related to a civil case. However, access to documents can be restricted, including if the documents contain information such as trade secrets, and if it is deemed that public access should yield to significant considerations for the party concerned in the case, and these considerations can- not be safeguarded through anonymisation. 1.4 Legal Representation in Court Attorneys-at-law are generally the only ones allowed to appear as legal representatives on behalf of a cli- ent in court. The title of attorney-at-law (Advokat) is protected in Denmark, so such individuals must be appointed by the Ministry of Justice in order to act as attorneys-at-law. All attorneys-at-law can represent a client in the district court. To represent clients in high courts and the Supreme Court, an individual must obtain the right of audience before those courts. An attorney-at-law from another EU country, referred to as an “EU lawyer,” can obtain authorisation in Denmark if they can show that they have been actively and regularly engaged in the Dan- ish legal system for a minimum of three years. It should be noted that, as a general rule, parties can represent themselves in a case. However, the court can order a party to be represented by an attorney- at-law if the court assesses that the party is unable to conduct the case effectively without the assistance of an attorney. In addition, a party can be represented by close relatives, individuals from the same household or an employee, under certain conditions. 2. Litigation Funding 2.1 Third-Party Litigation Funding Litigation funding is not regulated under Danish law, so there are no limitations on it in Denmark.
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