DENMARK Law and Practice Contributed by: Thomas Norvold, Søren Locher, Anne Mie Lund and Pawel Weigel, Fabritius Tengnagel & Heine
4. Pre-trial Proceedings 4.1 Interim Applications/Motions
• the court has jurisdiction with regard to one of the claims in regard to the subject matter; • a class action is deemed to be the best way to handle the claims; • the group members can be identified and notified about the case in an appropriate manner; and • a class representative can be appointed. Class actions are conducted on behalf of the group by a class representative, who is appoint- ed by the court. In Denmark, both opt-in and opt-out class actions are possible. However, opt-out class actions can only be initiated if the class action pertains to claims where it is clear that, due to their small size, they generally cannot be expect- ed to be pursued through individual lawsuits, and it is assumed that a class action with opt-in registration would not be an appropriate way to handle the claims; upon request from the class representative, the court may decide that the class action should include the class members who have not opted out of the class action. In opt-out class actions, the class representa- tive can only be a public authority authorised by law to act as such. In opt-in class actions, the class representative can be a group member, an association or a public authority. 3.8 Requirements for Cost Estimate When the client is a consumer, the attorney must provide the client with written and direct infor- mation about the key elements of the anticipated assistance, the determination of fees, and the costs associated with the assistance. When the client is not a consumer, the attorney must provide the client with a cost estimate if such is requested by the client.
According to the Danish Administration of Jus- tice Act, it is possible for a party to apply to the court to order an interim injunction before a trial. The enforcement court can freeze assets as a security for monetary claims when: • execution of the claim is not possible (as no judgment has yet been obtained); and • it is presumed that the possibility of obtaining coverage later would otherwise be signifi- cantly impaired. The enforcement court may decide that the creditor must provide security for the harm and inconvenience that may be caused to the debtor. 4.2 Early Judgment Applications The court may decide that the preparation or main hearing should initially be limited to a part of the claim that the case concerns, or to one claim or issue where the case includes multiple claims or issues. The court can make a separate decision regard- ing a part of the claim that the case concerns. If the case involves multiple claims or issues, the court may render a separate decision regarding one of these. For example, the court may con- sider that the issue of the statute of limitations for the claim should be determined preliminarily. 4.3 Dispositive Motions A party may request the dismissal of the case on the grounds of the court’s lack of jurisdiction, for instance, or that the claimant is not the proper plaintiff or the defendant is not the proper party to sue regarding the presented claim. Formal
359 CHAMBERS.COM
Powered by FlippingBook