NORWAY Law and Practice Contributed by: Christian Reusch, Jenny Sandvig, Oda Lauksund Engamo and Therese Sætre Løfsgaard, Advokatfirmaet Simonsen Vogt Wiig
fies the procedure for sending letters of requests and contains rules on which languages can be used. 3.6 Failure to Respond When a defendant is served the writ of summons, they are also ordered to submit their answer or statement of defence within a certain deadline. A party shall be deemed to be unlawfully absent if they do not submit a response to the lawsuit within the deadline. The defendant may, by way of reinstate- ment, be permitted by the court to take the necessary procedural action and continue the action in the same position as before the omission. The court shall reject the case if the claimant is unlaw- fully absent because they have not responded to the lawsuit, and the court does not grant reinstatement. It is a prerequisite for rejection that the defendant has been informed of the consequences. 3.7 Representative or Collective Actions The Norwegian legal system allows for class actions, both opt-in and opt-out. A class action can only be brought if: • several legal persons have claims or obligations for which the factual or legal basis is identical or substantially similar; • the claims can be heard by a court with the same composition and principally in accordance with the same procedural rules; • class procedure is the most appropriate method of hearing the claims; and • it is possible to nominate a class representative. Only persons who could have brought or joined an ordinary action before the Norwegian courts may be class members. A class action may be brought by any person who fulfils the conditions for class membership if approval to bring the action is granted. Furthermore, a class action may be brought by organisations and associa- tions, and by public bodies charged with promoting a specific interest, provided that the action falls within its purpose and normal scope.
The court shall decide whether to approve or reject the class action, as soon as possible. If the class action is approved, various practical and financial conditions must be described in the court’s decision. Further- more, the court shall ensure that the class action is made known to those who may join it. Normally, the class action only includes those who are registered as class members. Persons who have claims that fall within the scope of the class action can register as class members (opt-in). However, the Dispute Act also allows for class actions that do not require the registration of class members (opt-out). This is only possible if the claims: • individually involve amounts or interests that are so small that it must be assumed that a considerable majority of them would not be brought as individual actions; and • are not deemed to raise issues that need to be heard individually. Persons who do not wish to participate in the class action may withdraw. 3.8 Requirements for Cost Estimate There is no general obligation to provide clients with a cost estimate of the potential litigation at the out- set. However, according to the Norwegian Bar Asso- ciation’s code of conduct, the client is entitled to be informed of how the lawyer has calculated their fee, and the fee must be in reasonable proportion to the assignment and the work carried out by the lawyer. Furthermore, if the lawyer assumes that the costs will be disproportionately high in relation to the client’s financial position or the interests to which the case relates, the lawyer must make the client aware of this in time. In practice, of course, fee estimates and budgets are common.
846 CHAMBERS.COM
Powered by FlippingBook