There are many ways out of a conflict. One of which, is where two parties go to court, to find a way forward. BREMER Advokater represents a large number of private and business clients in court proceedings.
We specialise in a number of jurisdictions, where we advise every day and provide legal assistance. In some situations, these cases go to either the courts, the arbitral tribunal or as complaints cases at the administrative board and council.
Before the trial begins, it is our experience, that many court cases can be avoided if valuable and competent assistance is given in time. Before a conflict escalates, the parties, with the help of lawyers and advisors, can enter into a better dialogue, which can provide a way out of a possible lawsuit.
We have extensive experience in advising and assisting with mediation, in these situations. Early in the process, we always investigate whether it is possible to use mediation and settlement negotiations between our client and the counterparty.
A lawsuit can be a tough process, that can also last a long time and this can have personal consequences. At the same time, we also have great respect for the fact that some things cannot be solved until the court gets involved. Sometimes, it can even be the best solution.
There are different steps within a lawsuit. To give an overview, we have here gathered the most important steps.
When the trial is settled in court and the verdict is delivered, the trial is over. However, a party who has lost a lawsuit - in whole or in part - has the opportunity to appeal the judgment to a higher court, which in many cases will be the national court. In most cases, the appeal deadline is 4 weeks from the time the judgment was delivered. If a case is not appealed within the four-week deadline, the judgment is final. In some rare cases, despite the 4-week deadline having exceeded, it is possible to appeal.
The arbitration is the last physical meeting in court before judgment is given. During this main hearing, a judge, the lawyers, the parties themselves and the witnesses participate. The main hearing consists of a presentation of the lawsuit and evidence in the case. Thereafter, there will be oral statements from the parties and witnesses. Finally, the lawyers must present the parties' views to the judge, which is called the "procedure". After the procedure has ended, the court will in many cases seek to find a settlement proposal. If this is not possible, the court will give its judgment. The judgment is typically given four weeks after the main hearing in court.
In many litigation cases, it is necessary to seek an expert opinion which accompanies the parties' evidence in the case. A typical example of this is an expert’s survey of deficiencies in a building, e.g. the construction of a house or renovation of a bathroom. Expert opinions can be time-consuming and costly, but it is often a necessary step in a lawsuit, and the outcome of a case often has a major impact on the final outcome of the trial.
In the case that your counterpart disagrees with your claim in the case, or maybe even wish to make a claim against you, they must have filed a defence in the trial. The court usually sets a deadline of 14 days from the date of service of the application to file the defence. If the counterparty does not submit a defence, you will in most cases get a judgment for your claim. Hereby, the trial will be completed unless the case is resumed.
Once you have decided to file a lawsuit, a court summons must be filed. It is the legal system’s responsibility to ensure that the counterparty is made known of the case and summoned to court. The counterparty will typically receive the court summons via a message in their e-boks. Thereafter, the case is then formally brought before the court. Today, the vast majority of litigation is conducted digitally via www.minretssag.dk.
Once the court summons and defence has been received and filed, the court will summon the parties' lawyers for an initial telephone hearing. At this meeting, the disputes of the case must be discussed and a plan must be laid down for further consideration of the case by the court. It is also often discussed how the litigants in the lawsuit are in consideration of the legal and factual circumstances of the case. The court may convene several clarifying meetings and request additional pleadings. If a party wishes to have an expert opinion as part of the case, this must also be discussed at the hearing. Often you will already have a date decided on the telephone meeting, on which the case must be negotiated - that is, concluding with a physical appearance in court with the front judge. During the further preparation of the case, the parties will be able to submit several written submissions, called "procedural documents”.
You are always very welcome to contact us and get a professional, but also personal discussion of your case. If you want an initial legal assessment of the case or simply need specific answers. Either way, we always want to help.
Don’t hesitate to contact us, if you have questions or wish to discuss a case. You can get in touch with us, by phone or digitally by filling out the form here on the page.
