Norway is a civil law jurisdiction, meaning that rules are generally set by statutes passed by the Storting (the Norwegian Parliament) rather than by case law. Nevertheless, case law by way of Supreme Court decisions remains a valid and important source of law, clarifying and establishing rules of law within the framework set by the legislator. Legislative history/preparatory works, lower courts’ decisions, administrative practice and legal theory summarising or criticising rules of law are also relevant sources of law in Norway.
The Norwegian court system consists of the following courts:
- 23 courts of first instance (called “District Courts”);
- six regional Appeal Courts; and
- the Supreme Court, which is Norway’s final court of appeal based in Oslo.
The official language of the court is Norwegian, and as a general rule interpreters will be required if foreign languages are used. However, the court can make exceptions to this rule if all the participants in the action understand the foreign language being used. In this regard, we note that Scandinavian languages seldom raise any issues as to understanding. The same applies to English speaking parties and witnesses; such evidence, including the examination of such witnesses, will quite often be allowed without any interpreters involved. Other languages normally require the involvement of interpreters. It is rare for counsel not to speak in Norwegian in court, however the court may in principle allow litigators speaking in other languages to act as counsel or co-counsel insofar it does not give rise to any concern.
District Courts are normally the courts of first instance in most medium to high value civil disputes. Cases in the District Courts are usually decided by a single professional judge. The professional judge may be assisted by two or four lay judges or lay judges with specialist knowledge if the parties request so, or if the judge deems such assistance appropriate.
Before bringing civil claims before a District Court, claimants often need to bring their case before a Conciliation Board first. While normally this requirement applies to small claims only (being claims below NOK200,000 in value), higher value claims also have to be brought before a Conciliation Board first if one of the parties is unrepresented. The Conciliation Boards are staffed with non-legal members appointed by the municipality council and serve two main purposes: (i) they facilitate mediation to resolve disputes; and (ii) they can issue judgments upon request by both parties, provided that the claim exceeds NOK200,000. In specific situations, for example where both parties have legal representation and the claim exceeds NOK200,000, the claimant may bring the claim directly before the District Court without having to go to a Conciliation Board first.
Apart from the ordinary courts and the Conciliation Boards, parties can turn to specialized or quasi-courts (administrative bodies) which have substantive jurisdiction within specific areas. For example, the Labor Court deals with disputes arising from collective agreements, including their existence, interpretation and validity. This court has exclusive jurisdiction, meaning that cases which fall under its jurisdiction cannot begin in ordinary courts. While judgments of the Labor Court are usually conclusive, appeals may be allowed under rare exceptions. Other examples include: (i) the Financial Complaints Tribunal (Finansklagenemnda), which handles issues between consumers and financial entities like banks and insurance companies, and (ii) the Market Council, which handles complaints over the Consumer Authority’s decisions under the Marketing Practices Act. Specialized and cost-effective tribunals can serve as a low-cost alternative to proceedings before the ordinary courts, and in some circumstances they are a pre-requisite to commencing a claim before a District Court. However, note that the decisions of tribunals such as the Financial Complaints Tribunal are quite often not binding on the parties.