SWEDEN Law and Practice Contributed by: Simon Arvmyren, Christopher Stridh and Mikaela Tysk, Delphi
Respond , or dismiss the case due to, for exam- ple, the court’s lack of jurisdiction, see 4.3 Dis- positive Motions . A party may also seek injunctive relief (see 6. Injunctive Relief ) and the court may issue partial awards (see 4.2 Early Judgment Applications ). 4.2 Early Judgment Applications Generally, cases are not decided before the main hearing where the parties have had the oppor- tunity to present their case in full and the court has heard all evidence. However, there are some exceptions to this main rule. • A default judgment may be issued (see 3.6 Failure to Respond ). • A court may dismiss the case due to various procedural shortcomings (see 4.3 Dispositive Motions ). • Upon the application of a party, a court may also give a separate partial judgment on a separate and independent claim before the substantive hearing of the entire case; such partial judgments are relatively rare. • If the resolution of a particular issue may be decisive for the relief sought by a plaintiff (for instance whether a claim is time-barred), a party can apply for its early judgment and the court may try such an issue in an intermedi- ate judgment. It is at the court’s discretion to decide whether such proceedings are suit- able. 4.3 Dispositive Motions As mentioned in 4.1 Interim Applications/ Motions and 4.2 Early Judgment Applications , a case is usually decided after the main hearing. In some cases, the court may dismiss a case without examining it based on the merits follow-
• the group is sufficiently defined; and • counsel for the group is a member of the Swedish Bar Association. The court’s judgment in a group action gains legal force both for and against all who have opted in to the group. Group members are not bound by a settlement unless it is approved by the court. The group representative assumes the risk of having to bear the defendant’s costs if the group loses the case. A more significant risk element is permitted in the fee arrangements between a group and their counsel; however, a full con- tingency fee arrangement is still not permitted. 3.8 Requirements for Cost Estimate There is no general obligation to provide a client with a cost estimate of the potential litigation at the outset. However, members of the Swed- ish Bar Association are, under the association’s code of conduct, obliged to make sure that the client understands the principles the lawyer applies for debiting and invoicing. In practice, fee estimates and budgets are of course common.
4. Pre-trial Proceedings 4.1 Interim Applications/Motions
Interim applications and motions as understood in a common law system are not available in Swedish court proceedings. Applications related to case management issues (extensions of time for instance) are available and a court may also, ex officio, issue a default judgment if the respondent is not following the procedural requirements, see 3.6 Failure to
1335 CHAMBERS.COM
Powered by FlippingBook