SWEDEN Law and Practice Contributed by: Simon Arvmyren, Christopher Stridh and Mikaela Tysk, Delphi
4.5 Applications for Security for Defendant’s Costs
ing a motion by one of the parties. Some exam- ples are as follows. • A challenge to the court’s jurisdiction – if the court lacks jurisdiction it shall reject the claim (Chapter 10, Section 17 of the Procedural Code); in certain circumstances, the case may be transferred to the correct court. • A motion for dismissal may also be brought forward if the court does not have capacity to try the case due to res judicata or lis pen- dens; ie, that the case has already been tried or is currently up for trial in another court or trial. 4.4 Requirements for Interested Parties to Join a Lawsuit Chapter 14 of the Procedural Code governs join- der of cases and participation by third parties in court proceedings. A third party may join an already existing lawsuit either as a party or as an intervenor. To join as a party, the claim by a third party must be based on essentially the same ground as the already existing lawsuit. A claim can be brought forward either by one plaintiff against one or more defendants, or by one or more plaintiffs against one or more defendants. If a third party may not join as a party to an exist- ing lawsuit but the matter in dispute concerns their legal right or obligation, and shows prob- able cause for this statement, they may appear as an intervenor in the suit, on either the plain- tiff’s or the defendant’s side. To act as an inter- venor, an application shall be made to the court which shall be decided on as soon as possible. The existing parties shall be given a chance to provide comments on the application.
There is no right to apply for an order against a plaintiff to provide security for costs under Swedish law except if the plaintiff is domiciled outside the EU or the European Economic Area. If the plaintiff is domiciled in a country outside the EU or the European Economic Area, the plaintiff must, upon the request of the defend- ant, furnish security for a reasonable estimate of the defendant’s costs for the entire proceedings (including appeal). Security for costs is normally provided in the form of a bank guarantee or other guarantee. If an order to provide security is not adhered to, the case will be dismissed. There are some exceptions to this provision where the plaintiff does not have to provide security. 4.6 Costs of Interim Applications/ Motions The court deals with the costs in interim applica- tions in the same way as the costs for the case in full, see 11. Costs . 4.7 Application/Motion Timeframe There is no specific timeframe for a court to deal with an application/motion, but a party may request that an application is dealt with urgently. See 6. Injunctive Relief concerning urgency and the possibility to have applications granted ex parte.
5. Discovery 5.1 Discovery and Civil Cases
Discovery in civil cases in the way it exists in Anglo-American countries is not recognised under Swedish law. The available mechanism is instead the right of the court to order a party or a third person to produce certain important
1336 CHAMBERS.COM
Powered by FlippingBook