Expedited Norwegian court process: attachment, interim injunction, and main claim adjudication
In Norway, the standard legal process for claim adjudication can stretch across months or even years, posing challenges for parties seeking swift resolution. However, provisions within the Norwegian Dispute Act (2005/90) allow for an expedited route in cases involving interim measures, such as attachment and injunctions, offering the possibility of simultaneous adjudication of the main claim. This article explores the criteria and practicalities of this streamlined process, providing insights into when and how it may benefit both claimants and defendants seeking timely outcomes.
The ordinary process for having a claim adjudicated—with notices, conciliation proceedings, writs of summons, and main hearings—usually takes months and perhaps years. That can be a long wait for the parties involved. In such cases, it may be worth considering whether the rules allowing for a swift process and decision can be utilized.
The Norwegian Dispute Act (2005/90) permits cases involving interim (provisional) measures—such as attachment and interim injunctions—to also request adjudication of the main claim. In proceedings concerning interim measures, the claimant must demonstrate the existence of a claim, and the legislator has enabled the court to consider the case's merits. While the claimant has a clear need for a prompt decision on their claim, the defendant also has the right to request that the court examine the substantive issues.
The requirements to allow simultaneous adjudication of the main claim are that:
- The main claim can be responsibly decided simultaneously with the request for interim measures.
- The adjudication will not delay the decision on the interim measure.
- Adjudication of the main claim does not necessitate additional case preparation.
It is the court that decides whether simultaneous adjudication of the main claim shall be allowed. In making such a decision, the court will also consider that the procedural rules are more summary than in an ordinary process and are best suited for straightforward claims.
If the main claim is permitted to be adjudicated but is nevertheless not adjudicated in the case concerning interim measures, the party requesting adjudication can, under certain conditions, demand that the main claim be decided in a separate case. The court can also decide that the main claim shall be decided by another court if the claim properly belongs there.
Support for effective dispute resolution
We regularly assist clients—including those in the banking and finance sector—with collection cases and have extensive experience with attachment petitions as means to secure claims. Our clients range from Norwegian and international companies and organizations to private individuals. For questions about this article or if you need advice on interim measures or attachment, please feel free to contact the author.
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