NORWAY Law and Practice Contributed by: Knud Jacob Knudsen, Jenny Sandvig, Oda Lauksund Engamo and Nicholas Foss Barbantonis, Advokatfirmaet Simonsen Vogt Wiig
3. Initiating a Lawsuit 3.1 Rules on Pre-action Conduct
2.3 Third-Party Funding for Plaintiff and Defendant Third-party funding is available for both the plaintiff and the defendant. 2.4 Minimum and Maximum Amounts of Third-Party Funding There is no maximum or minimum amount for third-party funding. 2.5 Types of Costs Considered Under Third-Party Funding A third-party funder will normally fund the legal costs of the funded party (fees for counsel, costs of experts, court fees, etc). The agreement can also stipulate that the third party covers the legal costs incurred by the other party if the funded party is ordered to pay these. 2.6 Contingency Fees The use of contingency fees is not regulated by the Dispute Act. However, the Norwegian Bar Association’s code of conduct states that a law- yer must not enter into an agreement with clients or others that he/she shall receive a fee on a percentage or share basis in relation to the result or object of the case, whether this concerns an amount of money or another form of remunera - tion. The provision does not prohibit “no cure no pay” agreements; it is only violated when a “no cure no pay” agreement is combined with a share-based fee. 2.7 Time Limit for Obtaining Third-Party Funding There are no time limits by when a party to litiga- tion should obtain third-party funding.
Before bringing an action, a party shall give notice in writing to the party against whom the action may be brought. The notice shall contain information about the claim and the grounds for the claim and shall invite the opposing party to respond to the claim and the grounds for the claim. The party who receives notice of a claim shall respond to the claim and the grounds for the claim within a reasonable time. If the claim is contested in whole or in part, the party shall specify the grounds upon which it is contested. If the party is of the opinion that they have a claim against the party who has given notice of claim, they shall, at the same time, give notice of the claim and the grounds for it, and invite the opposing party to respond. A person who gives notice of claim or who contests a notified claim is also obliged to pro- vide information about important documents or other evidence of which they are aware and of which they cannot expect the opposite party to be aware. This applies irrespective of whether such evidence supports the party’s position or the position of the opposing party. The parties shall investigate whether it is pos- sible to reach an amicable settlement of the dis- pute before action is brought, and shall make a strong attempt at settlement, if necessary, through conciliation before a conciliation board, through non-judicial mediation or by bringing the dispute before a non-judicial dispute resolution board. The steps described above are not procedural requirements, so the non-fulfilment of these obli-
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