Product Liability 2009 - Arnold & Porter LLP

Advokatfirmaet Wiersholm, Mellbye & Bech AS Norway
4.2 Does the court have power to appoint technical specialists
to sit with the judge and assess the evidence presented by
the parties (i.e. expert assessors)?
Yes, the court may appoint technical specialists as judges. The
parties may also request this.
4.3 Is there a specific group or class action procedure for
multiple claims? If so, please outline this. Is the
procedure ‘opt-in’ or ‘opt-out’? Who can bring such
claims e.g. individuals and/or groups? Are such claims
commonly brought?
Chapter 35 in the new Civil Procedures Act (90/2005), “CPA”,
effective from January 1, 2008 lays down rules in relation to group
actions. The claims must be based on the same or essentially the
same factual and legal basis. The court must accept the claim as a
group action, and decides whether the action shall be treated under
an opt-in or opt-out procedure. As a main rule, the procedure is optin.
Group actions can be instituted by individuals or groups/
associations/organisations. At this date, we do not know of any
such actions in Norway, but there are rumours that several group
actions are currently being prepared.
4.4 Can claims be brought by a representative body on behalf
of a number of claimants e.g. by a consumer association?
Yes, both in individual and group actions, claims may be brought by
a representative body, provided that the action falls within the
purpose of the organisation or body.
4.5 How long does it normally take to get to trial?
The new CPA sets out that a case shall normally go to trial within 6
months after the claim was submitted to the court. This applies for
the court of first instance, the appeals court and the Supreme Court.
4.6 Can the court try preliminary issues, the result of which
determine whether the remainder of the trial should
proceed? If it can, do such issues relate only to matters of
law or can they relate to issues of fact as well, and if there
is trial by jury, by whom are preliminary issues decided?
In a preliminary stage, the court tries whether the case is admissible.
Some grounds for dismissal must be taken into account by the court
regardless of its own volition, and some must be invoked by the
parties. The preliminary decision will be based on the facts
provided by the parties. In accordance with the CPA, the material
questions will not be the subject of a preliminary hearing.
However, the court may determine the basis for a claim after a
simplified trial, if it is clear that the claim or the objections to the
claim are untenable.
4.7 What appeal options are available?
case is of general importance. Statistically, about 20% of the cases
will be heard.
4.8 Does the court appoint experts to assist it in considering
technical issues and, if not, may the parties present expert
evidence? Are there any restrictions on the nature or
extent of that evidence?
The court may appoint experts if it is requested by one of the
parties, or on its own volition if it is necessary to obtain an adequate
factual basis on which to base the decision. The parties may also
present experts as witnesses. As a main rule, the court is free to
assess the weight of the evidence.
4.9 Are factual or expert witnesses required to present
themselves for pre-trial deposition and are witness
statements/expert reports exchanged prior to trial?
As a main rule, witnesses give oral statements during the main
hearing and are not required to do so prior to trial. They may be
required to present themselves for pretrial depositions if the court
orders them to. The reports of expert witnesses may be exchanged
prior to trial, but in any event the expert witnesses may be imposed
to give oral statements during the main hearing.
Prior to trial, the parties must inform which evidence they will
produce and what the evidence in question will seek to establish. A
breach of this rule may lead to a dismissal of that evidence.
4.10 What obligations to disclose documentary evidence arise
either before court proceedings are commenced or as part
of the pre-trial procedures?
In the pretrial procedures the parties must disclose the evidence that
their claims are based on. Parties are also obliged to disclose any
important evidence that they cannot presume that the other party
has acquired knowledge of.
4.11 Are alternative methods of dispute resolution available e.g.
mediation, arbitration?
In accordance with the CPA section 5-4 the parties are obliged to seek
resolution of the matter outside the court system before they go to trial.
Parties can also agree to solve the matter outside the court system and
apply the procedural rules in the CPA. The court may also decide that
the matter shall be subject to mediation by the court, cf. the CPA
section 8-3. This can be decided at all the stages of the case.
The parties may also choose to refer the matter to arbitration.
5 Time Limits
5.1 Are there any time limits on bringing or issuing
proceedings?
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Subject to some restrictions, a case may be argued in three stages,
the court of first instance, the appeals court, and the Supreme Court.
Yes, time limits do exist.
An appeal requires that the value of the claim is at least NOK
125,000, but the appeal court may consent to hear the case even
though the claim is of a lesser value. The court may reject the
appeal if it considers that the appeal is clearly unsustainable.
An appeal to the Supreme Court may not be pursued without the
5.2 If so, please explain what these are. Do they vary
depending on whether the liability is fault based or strict?
Does the age or condition of the claimant affect the
calculation of any time limits and does the Court have a
discretion to disapply time limits?
consent of an appeals committee. Consent depends on whether the As a main rule, there is a time-bar of 3 years for strict liability under
ICLG TO: PRODUCT LIABILITY 2009
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