{"id":6311,"date":"2019-03-17T18:54:21","date_gmt":"2019-03-17T17:54:21","guid":{"rendered":"https:\/\/melo.no\/?page_id=6311"},"modified":"2026-09-09T21:22:32","modified_gmt":"2026-09-09T19:22:32","slug":"tvistelosning-og-prosedyre","status":"publish","type":"page","link":"https:\/\/melo.no\/en\/om-advokatfirmaet-melo\/kompetanse\/tvistelosning-og-prosedyre\/","title":{"rendered":"Litigation"},"content":{"rendered":"
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Litigation<\/h5>

One step at a time<\/h2>

We believe in resolving disputes at the lowest possible level. Not only because it is the most cost-effective process, but also because it provides greater predictability and influence on the outcome of the case. Nevertheless, unfortunately, it is inevitable that in some cases there is a need to use resolve, when faced with force.<\/p>Are you facing a specific legal matter? Contact us<\/span><\/i><\/a>\n\t\t<\/div> \n\t<\/div>\n\t<\/div> \n<\/div><\/div>\n\t\t\t<\/div> \n\t\t<\/div>\n\t<\/div> \n<\/div><\/div>\n\t\t

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Useful insights<\/h5>

<\/i>Appeal<\/a><\/h3>
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Judgments, rulings, and decisions may be appealed. The Court of Appeal is the appellate instance for decisions rendered by the District Courts.<\/p>\n

A judgment or ruling may be appealed on the grounds of errors in the assessment of factual circumstances, the application of the law, or the procedural handling on which the decision is based. A ruling concerning procedural matters that, under the law, is to be made based on a discretionary assessment of appropriate and sound procedure may, as regards that discretion, only be challenged on the grounds that the decision is improper or clearly unreasonable. A decision may only be appealed on the grounds that the court has based it on an incorrect general interpretation of the law as to what decisions the court may make under the applicable provision, or that the decision is manifestly improper or unreasonable.<\/p>\n

An appeal is lodged by filing a notice of appeal. The appeal shall be submitted in writing or orally to the court that issued the decision being appealed. The notice of appeal shall provide a sufficient basis for the proper handling of the case by the parties and the court. It shall in particular specify what is being challenged in the decision under appeal, and, if applicable, any new factual or legal arguments or new evidence.<\/p>\n

The Supreme Court is the appellate instance for decisions of the Courts of Appeal and for appeals against judgments where leave for direct appeal has been granted. Appeals against rulings and procedural decisions are decided by the Supreme Court\u2019s Appeals Committee.<\/p>\n\t<\/div>\r\n<\/div>\r\n\r\n\r\n\r\n<\/div><\/div>

<\/i>Settlement<\/a><\/h3>
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A settlement is a solution reached by the parties during the course of proceedings without the court issuing a judgment. Mediation in the Conciliation Board or court mediation in the District Court is intended to encourage the parties to reach a settlement. If a settlement is reached, it shall be entered into the court record and signed by the parties. A court settlement may be concluded both during the preparatory proceedings and the main hearing.<\/p>\n

An out-of-court settlement exists when the parties independently negotiate and reach an agreement without the assistance of the Conciliation Board or the court.<\/p>\n\t<\/div>\r\n<\/div>\r\n\r\n\r\n\r\n<\/div><\/div>

<\/i>Complaint to the Conciliation Board<\/a><\/h3>
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A case before the Conciliation Board is initiated by filing a statement of claim. The statement of claim may be submitted in writing or orally to the Conciliation Board. It shall specify:<\/p>\n

\u2013 the Conciliation Board,
\n\u2013 the names and addresses of the parties, any representatives and legal counsel,
\n\u2013 the claim being made, and a prayer for relief clearly stating the outcome the claimant requests in the event of a judgment, and
\n\u2013 a statement of grounds, which must always include a concise description of the facts on which the claim is directly based.<\/p>\n

Copies of documents on which the claim is based should be attached.<\/p>\n

If the Conciliation Board does not have jurisdiction to hear the case, the claim shall be dismissed. Where defects can be remedied, the claimant shall first be given an opportunity to correct them.<\/span><\/p>\n\t<\/div>\r\n<\/div>\r\n\r\n\r\n\r\n<\/div><\/div>

<\/i>Interim injunctions<\/a><\/h3>
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An interim injunction may be granted:<\/p>\n

\u2013 where the conduct of the defendant makes it necessary to temporarily secure the claim because enforcement or execution of the claim would otherwise be significantly impeded, or
\n\u2013 where it is necessary to establish a temporary arrangement in a disputed legal relationship in order to prevent significant harm or inconvenience, or to avert violence that the defendant\u2019s conduct gives reason to fear.<\/p>\n

An interim injunction may not be granted if the damage or inconvenience suffered by the defendant is manifestly disproportionate to the interest the claimant has in having the injunction granted.<\/p>\n

An interim injunction may only be granted if the claim for which the injunction is sought and the grounds for securing it have been made probable. The court may decide that, as a condition for the injunction taking effect and being enforced, the claimant must provide such security as the court determines for any potential compensation to the defendant. If there is urgency, an interim injunction may be granted even if the claim has not been made probable.<\/p>\n\t<\/div>\r\n<\/div>\r\n\r\n\r\n\r\n<\/div><\/div>

<\/i>Court-linked mediation<\/a><\/h3>
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Court mediation is a process in which the parties themselves reach a solution to the dispute with the assistance of a mediator. The mediator is usually a judge in the court handling the case. The agreement reached by the parties becomes legally binding in the same way as a court judgment. Read more about court mediation at domstol.no<\/a>.<\/p>\n\t<\/div>\r\n<\/div>\r\n\r\n\r\n\r\n<\/div><\/div>

<\/i>Civil lawsuit<\/a><\/h3>
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A civil case before the courts is initiated by filing a statement of claim with the District Court, unless the case must first be heard by the Conciliation Board. The statement of claim may be submitted in writing or orally. It shall specify:<\/p>\n

\u2013 the court,
\n\u2013 the names and addresses of the parties, their representatives and legal counsel,
\n\u2013 the claim being made, and a prayer for relief indicating the judgment sought by the claimant,
\n\u2013 the factual and legal grounds for the claim,
\n\u2013 the evidence that will be presented,
\n\u2013 the basis on which the court has jurisdiction to hear the case, if there is any doubt in this regard, and
\n\u2013 the claimant\u2019s view on the further handling of the case, including any agreements that may be relevant to the proceedings.<\/p>\n

The statement of claim shall provide a sufficient basis for the proper handling of the case by both the parties and the court. The claim, prayer for relief, and factual and legal grounds must be set out in such a way that the defendant can respond to the claims and prepare the case. The claimant\u2019s arguments shall not go beyond what is necessary to ensure this. The statement of claim shall also enable the court to assess its jurisdiction and provide the necessary information for service of process and for contacting the parties.<\/p>\n

Where a case is brought to have reviewed a judgment of the Conciliation Board or a decision of a dispute resolution body that has the effect of a judgment unless brought before the courts, it is sufficient to submit the decision to the court and state that it is being appealed, the changes requested, and what is considered to be incorrect in the decision. The court will obtain the relevant documents from the body that issued the decision.<\/p>\n\t<\/div>\r\n<\/div>\r\n\r\n\r\n\r\n<\/div><\/div>

<\/i>Litigation notice<\/a><\/h3>
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Before a civil case is brought before the courts, the party shall notify in writing the person against whom proceedings may be initiated. The notice shall state the claim that may be brought and the grounds for it. The notice shall invite the other party to respond to the claim and its grounds.<\/p>\n

The recipient of the notice shall, within a reasonable time, respond to the claim and its grounds. If the claim is contested in whole or in part, the reasons for this shall be stated. If the recipient believes they also have a claim against the sender of the notice, they shall at the same time notify the other party in writing of their claim and its grounds and invite the other party to respond.<\/p>\n

Such a pre-action notice shall be provided on paper to private parties unless otherwise agreed or the parties have an ongoing business relationship where written communication is normally conducted electronically.<\/p>\n\t<\/div>\r\n<\/div>\r\n\r\n\r\n\r\n<\/div><\/div>

<\/i>Debt enforcement<\/a><\/h3>
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Enforcement of claims refers to the collection of a creditor\u2019s monetary or specific performance claims with the assistance of public authorities. Enforcement carried out in accordance with the Enforcement Act is individual enforcement, as opposed to bankruptcy, which involves the seizure of the debtor\u2019s entire estate for the benefit of all creditors. Enforcement falls under the responsibility of the enforcement officer and the first-instance court.<\/p>\n

If an unsecured monetary claim is not paid when due, the first step in enforcement with public assistance is to obtain an attachment (garnishment\/seizure of assets). Attachment requires an enforceable title, which may be a judgment for the claim (general enforceable title) or a specific enforceable basis, such as a promissory note stating that enforcement may be carried out without a judgment (an enforceable promissory note), or a statutory provision granting the right to seek attachment.<\/p>\n

An attachment with legal protection (priority\/secured status) gives the right to demand forced realisation. A registered attachment over real property provides such a right, meaning that the District Court orders a forced sale through a trustee or public auction. In both cases, the District Court must review the proceedings, and the sale is only final once confirmed by the court. The net proceeds from the sale are distributed among secured creditors according to priority. If the claim is secured by a registered contractual security interest, this will normally be sufficient basis for ordering a forced sale.<\/p>\n

For enforcement of claims for specific performance, such as eviction from real property or delivery of a sold item, an enforceable title is also required, i.e. a judgment or a specific legal basis, such as a tenancy agreement containing an \u201ceviction clause\u201d. The method of enforcement may involve physical force (eviction, delivery of movable property) or more indirect means, such as an order to pay a specified amount (coercive fine) for each day an obligation is not complied with.<\/p>\n\t<\/div>\r\n<\/div>\r\n\r\n\r\n\r\n<\/div><\/div>

<\/i>Basis for enforcement of debt<\/a><\/h3>
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An enforceable title is a condition for enforcement proceedings to take place. Enforcement may be carried out on the basis of either a general or a specific enforceable title.<\/p>\n

General enforceable titles primarily include judgments, rulings, and other decisions that have the effect of a judgment, such as court settlements. General enforceable titles apply to all forms of enforcement.<\/p>\n

Specific enforceable titles, on the other hand, vary depending on the type of right and asset involved in the case. A registered mortgage deed, for example, constitutes an enforceable title for forced execution against real property.<\/p>\n

For enforcement to proceed, the enforceable title must be enforceable (have enforceability), see the separate section on enforceability.<\/p>\n\t<\/div>\r\n<\/div>\r\n\r\n\r\n\r\n<\/div><\/div>

<\/i>Executory force<\/a><\/h3>
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Enforceability is a condition for enforcement proceedings to take place. The substantive requirements for enforceability are that the claim is due and that the debtor has breached their obligation.<\/p>\n

In addition, personal requirements apply for enforceability. Enforcement may only be requested by the person who is named in the enforceable title as the entitled party, or who has lawfully acquired the claim, and as a general rule only against the person named in the enforceable title as the obligor.<\/p>\n

Formal requirements also apply to the individual enforceable titles in order for them to be enforceable. A judgment is enforceable when it is final and binding, and any deadline for performance has expired. A specific enforceable title becomes enforceable when two weeks have passed after the claimant has sent written notice to the debtor.<\/p>\n\t<\/div>\r\n<\/div>\r\n\r\n\r\n\r\n<\/div><\/div>

<\/i>Forced sale<\/a><\/h3>
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Forced sale involves the sale of an encumbered asset in order to obtain coverage for a claim. The prerequisite for a forced sale is that the claim is due and that there is an enforceable enforceable title, for example a registered mortgage deed over the asset to be sold.<\/p>\n

The Enforcement Act contains rules on the procedure for forced sale of various types of assets, including real property, movable property, and securities. The sale may take place either through a sale conducted by an appointed assistant or through a forced auction. The District Court shall choose the option that is expected to yield the highest recovery.<\/p>\n\t<\/div>\r\n<\/div>\r\n\r\n\r\n\r\n<\/div><\/div>

<\/i>Attacment<\/a><\/h3>
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Attachment (seizure) may be levied on any asset belonging to the debtor, subject to a number of exceptions, including to ensure the debtor a necessary minimum standard of living. Attachment of wage claims takes the form of wage garnishment.<\/p>\n

Otherwise, attachment means that the enforcement authorities establish a lien over the debtor\u2019s assets. Attachment requires an enforceable title, see the separate section on enforceable titles. An application for attachment is generally submitted to the enforcement officer, who notifies the debtor, schedules, and conducts the attachment proceedings. The enforcement officer decides what assets are to be subject to attachment and ensures that the attachment obtains legal protection (priority), for example by registering the attachment of movable property in the Norwegian Register of Movable Property.<\/p>\n\t<\/div>\r\n<\/div>\r\n\r\n\r\n\r\n<\/div><\/div><\/div>\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\n\t\t\t<\/div> \n\t\t<\/div>\n\t<\/div> \n\n\t

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Contact<\/h5>
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\"Martin

Martin Edelsteen Woll<\/h4>
Lawyer<\/div>

mwoll@melo.no
\n+47 414 87 832<\/p><\/div>\n\t\t\t<\/div> \n\t\t<\/div>\n\t<\/div> \n<\/div><\/div>\n\t\t

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