Norway
The general rule in Norwegian civil proceedings is that the successful party is entitled to recover its legal costs from the unsuccessful party. The court may depart from this general rule in certain circumstances, including: (i) if the unsuccessful party had good reason for having the case tried, for example if the case raises questions of principle interest and the court has been in doubt as to the result; (ii) if the successful party rejected a reasonable settlement offer; (iii) if the matter is important for the welfare of the unsuccessful party and there is a difference in strength between the parties, etc. Norwegian law also provides for awards of legal costs in cases where one of the parties has succeeded only in part, but nevertheless to a significant degree. Finally, costs may be awarded irrespective of the outcome of the case in rare cases, for example where costs are incurred due to a party’s omission.
In any case, only costs which are necessary and reasonably incurred are recoverable. The level of legal costs incurred in legal proceedings is a focus area for the Norwegian courts, meaning that the parties’ legal cost claims are more closely examined than the Dispute Act strictly requires.
It is common practice that successful parties are entitled to legal cost compensation even if they are represented by their own in-house counsel. The starting point in these situations is the successful party’s actual yearly costs for its relevant in-house counsel (factoring in wage, tax, pension fund payments etc.), which are then broken down into daily/hourly costs. The next step is then to allocate the relevant costs incurred in the matter. These costs are subjected to the necessity test, in the same way as the costs to external counsel.
The court fees vary depending on the length of the proceedings and are subject to a minor adjustment each year. The court fee for admission to the District Court for 2023 is NOK6,215. This includes the first day in court. If the action does not end with a judgment (for example due to settlement) the fee will be reduced. The fee for interim relief is NOK3,107 as at 2023.