Summary of Supreme Court Decisions 2001

20 December 2001. Attempted rape.

The case concerned sentencing for attempted rape, cf. the Penal Code section 192, sub-section 1, second sentencing alternative, and application of section 64 of the Penal Code (sentencing in cases where a person who has already been sentenced is convicted of an offence committed before the sentence was pronounced). Case history: Kristiansand City Court no. 00-02074 - Agder Court of Appeal LA-2001-00642 M - Supreme Court HR-2001-01335, criminal appeal.

18 December 2001. Powers of the board of the port authority.

The first issue in the case was whether the board of a port authority appointed by the Ministry pursuant to section 12 of the Ports Act was empowered pursuant to section 17, sub-section 6, last sentence of that Act to agree to a settlement in a legal action concerning the eviction of a lessee from a property belonging to the port treasury. The second issue in the case was whether the board had indeed made a binding settlement agreement whereby the lessee was granted a continued right to rent. Case history: Oslo City Court no. 96-5099 A/74 and 96-6827 A/74 - Borgarting Court of Appeal LB-2000-00170 A/01 and LB-2000-00171 A701 - Supreme Court HR-2000-01430, civil appeal.

18 December 2001. Tax law. Summary joint pay settlement.

The case concerned the lawfulness of a decision by the taxation authorities concerning a summary joint pay settlement, more particularly whether the basis of computation for tax and employer's contributions was legally correct. Case history: Kristiansand City Court no. 99-01647 - Agder Court of Appeal LA-2000-01674 A - Supreme Court HR-2001-00719, civil appeal.

18 December 2001. Drugs.

Aiding and abetting the possession of drugs. Case history: Romsdal District Court - Frostating Court of Appeal - Supreme Court HR-2001-00931, criminal appeal.

18 December 2001. Rape of a young girl.

The case concerned sentencing for rape of a 10-year-old girl. Case history- Moss City Court no. 99-00527 M - Borgarting Court of Appeal LB-2000-01395 M/03 - Supreme Court HR-2001-00972, criminal appeal.

11 January 2002. Bodily harm resulting in death of an infant.

The case concerned sentencing where the appellant on several occasions had assaulted his daughter, on one occasion so seriously that she died at the age of 5 ½ months as a result of a deep fracture of the skull.. Case history: Bergen City Court 2000-01805 - Gulating Court of Appeal LG-2000-02547 - Supreme Court HR-2001-01391, criminal appeal.

10 January 2002. Medical Practitioners Act, National Insurance Act.

The case concerned a claim by the national insurance authorities against two general medical practitioners for repayment of reimbursements paid out by the authorities for laboratory charges between 1 September 1993 and 30 June 1996. Case history: Ryfylke District Court no. 96-00296 - Gulating Court of Appeal LG-1999-00558 A - Supreme Court HR-2000-00933, civil appeal.

8 January 2002. Organised smuggling of humans II

The case concerned sentencing for the organised smuggling of humans, cf. the Aliens Act section 47, sub-section 3 (now sub-section 4). Case history: Halden City Court no. 00-00242 - Borgarting Court of Appeal LB-2000-02021 - Supreme Court HR-2001-01383, criminal appeal.

8 January 2002. Organised smuggling of humans.

The case concerned sentencing for the organised smuggling of humans, cf. the Aliens Act section 47, sub-section 3 (now sub-section 4). Case history: Tana and Varanger District Court no. 01-00069 - Hålogaland Court of Appeal LH-2001-00587 - Supreme Court HR-2001-01476, criminal appeal.

20 December 2001. Attempted rape.

The case concerned sentencing for attempted rape, cf. the Penal Code section 192, sub-section 1, second sentencing alternative, and application of section 64 of the Penal Code (sentencing in cases where a person who has already been sentenced is convicted of an offence committed before the sentence was pronounced). Case history: Kristiansand City Court no. 00-02074 - Agder Court of Appeal LA-2001-00642 M - Supreme Court HR-2001-01335, criminal appeal.

18 December 2001. Powers of the board of the port authority.

The first issue in the case was whether the board of a port authority appointed by the Ministry pursuant to section 12 of the Ports Act was empowered pursuant to section 17, sub-section 6, last sentence of that Act to agree to a settlement in a legal action concerning the eviction of a lessee from a property belonging to the port treasury. The second issue in the case was whether the board had indeed made a binding settlement agreement whereby the lessee was granted a continued right to rent. Case history: Oslo City Court no. 96-5099 A/74 and 96-6827 A/74 - Borgarting Court of Appeal LB-2000-00170 A/01 and LB-2000-00171 A701 - Supreme Court HR-2000-01430, civil appeal.

18 December 2001. Tax law. Summary joint pay settlement.

The case concerned the lawfulness of a decision by the taxation authorities concerning a summary joint pay settlement, more particularly whether the basis of computation for tax and employer's contributions was legally correct. Case history: Kristiansand City Court no. 99-01647 - Agder Court of Appeal LA-2000-01674 A - Supreme Court HR-2001-00719, civil appeal.

18 December 2001. Drugs

Aiding and abetting the possession of drugs. Case history: Romsdal District Court - Frostating Court of Appeal - Supreme Court HR-2001-00931, criminal appeal.

18 December 2001. Rape of a young girl.

The case concerned sentencing for rape of a 10-year-old girl. Case history- Moss City Court no. 99-00527 M - Borgarting Court of Appeal LB-2000-01395 M/03 - Supreme Court HR-2001-00972, criminal appeal.

18 December 2001. Sentencing. Attempted robbery, aggravated theft, drugs.

The case concerned sentencing for attempted robbery, aggravated theft and offences pursuant to drug legislation. Case history: Salten Court of Examination and Summary Jurisdiction no. 01-00038 - Hålogaland Court of Appeal LH-20001-00268 - Supreme Court HR-2001-01311, criminal appeal.

17 December 2001. Employer's liability in tort for occupational illness.

The case concerned whether an employer is liable for damages in tort pursuant to non-statutory principles of strict liability for an occupational illness contracted by an employee in the course of his employment. Case history: Gauldal District Court no. 99-00292 A - Frostating Court of Appeal LF-2000-00587 A - Supreme Court HR-2001-00395, civil appeal.

5 December 2001. Penal Code section 64, sub-section 1. Drugs and receiving.

The appeal concerned sentencing for a drug offence and several counts of receiving. The main issue in the case was whether the provisions of section 64 of the Penal Code concerning sentencing in cases where a person who has already been sentenced is convicted of an offence committed before the sentence was pronounced, was applicable. Case history: Haugesund City Court no. 00-00555 - Gulating Court of Appeal LG-2000-02448 M - Supreme Court HR-2001-00822, criminal appeal.

4 December 2001. Condictio indebiti. Recourse.

The issue in the case was whether a housing association could demand repayment of funds that the association's administrative manager had wrongly transferred from the association's bank account to a builder's bank account in settlement of a debt owed by the manager. Case history: Hallingdal District Court no. 214/99 A - Borgarting Court of Appeal LB-2000-02726 A/01 - Supreme Court HR-2001-00409, civil appeal.

4 December 2001. The Employment Act section 62

Case concerning the legality of a dismissal on the grounds of the employee's use of his employer's internet connection for private purposes. Case history: Eidsivating Court of Appeal - Supreme Court HR-2001-00608, civil appeal.

27 November 2001. Criminal law. Drug offence. Sentencing.

A 31-year-old man was sentenced to five years imprisonment for possession of 93 kg of hashish, cf. section 162 of the Penal Code. The majority of the Supreme Court found that the sentence should be reduced to four years in view of the fact that the appellant's dealings with the consignment had been limited, that this was an isolated incident and that he had no previous criminal convictions. Dissent 3:2. Case history: Oslo City Court no.00-5466 M/81 - Borgarting Court of Appeal LB-2001-00218 M/03 - Supreme Court HR-2001-00637, criminal appeal.

26 November 2001. Company law, company limited by shares.

The board of directors of a limited company had exceeded its powers and allotted shares in return for remuneration in kind. The question in the case was whether the allotment was binding on the company after the increase of capital had been registered in the Register of Business Enterprises, notwithstanding the board's breach, see the Limited Companies Act section 2-10. The Supreme Court found that the transgression of powers or competence consequent upon the allotment of shares contrary to section 10-14, sub-section 2 no. 4 of the Limited Companies Act, did not automatically lead to invalidity pursuant to general principles of contract law. The Court found that the situation in the present case fell outside the scope of the provision in section 2-10 of the Act. Case history: Oslo Court of Execution and Enforcement no. 00-02106 D - Borgarting Court of Appeal LB-2001-00297 K/04 - Supreme Court HR-2001-00586, civil interlocutory appeal.

23 November 2001. Tax law. Value added tax.

The main issue in the case was whether Norwegian Contractors AS was entitled to a tax deduction pursuant to the Value Added Tax Act section 21 for input VAT in connection with building work carried out at a marina. In the light of the travaux préparatoires to the Act and the Supreme Court's decision in Rt. 1985 p. 93, the provision had to be interpreted such that the determining issue was whether the payment had a natural and close connection to the business of the company. The Supreme Court found that deduction should be allowed, and therefore also had to determine whether investment duty was payable on the expenses pursuant to the Investment Duty Act section 1, cf. section 3. However, neither the wording of the provision nor the travaux préparatiores, case law or considerations of coherency appeared to infer such a duty. Case history: Oslo City Court no. 97-09110 A - Borgarting Court of Appeal LB-2000-01046 A/03, LB-2000-01047 A/03 - Supreme Court HR-2001-00199, civil appeal.

23 November 2001. Civil procedure. Legal interest (locus standi)

The case concerned dismissal of a legal action on the grounds that the plaintiff lacked sufficient legal interest (locus standi) to pursue an action, cf. the Civil Procedure Act section 54. The issue in the case was whether the plaintiff had a sufficiently strong and material interest in the action. The future implications of a judgement in favour of the plaintiff were deemed to be too hypothetical in nature to justify a right of action. The Supreme Court made remarks on the requirements of affiliation to the subject-matter of the action. Case history: Oslo City Court no. 00-00681 A/25 - Borgarting Court of Appeal LB-2000-03437 K/04 - Supreme Court HR-2001-00202, civil interlocutory appeal.

20 November 2001. Balance between freedom of expression and protection of reputation.

The case concerned a petition for a declaration of nullity of statements made to private individuals in good faith alleging that the defendant had been raped by the petitioner, and for damages for non-economic loss. Case history: Frostating Court of Appeal LF-2000-00460M - Supreme Court HR-2001-00019, private criminal appeal.

16 November 2001. Speeding offence measured by a laser speed gun.

The case concerned sentencing for a speeding offence and related to the question whether the court could base its decision on the result of a speed test carried out using a laser speed gun. Case history: Nordhordland District Court no. 98-00321 - Gulating Court of Appeal LG-1999-00846 - Supreme Court HR-2000-00504, criminal appeal.

16 November 2001. Speeding offence measured by a laser speed gun.

The appeal concerned sentencing for a speeding offence. The main issue in the case was whether the court could base its decision on the result of a speed test carried out using a laser speed gun. Case history: Kristiansand City Court no. 99-2136 M - Agder Court of Appeal LA-2000-00719 M - Supreme Court HR-2000-01511, criminal appeal.

16 November 2001. Mental Health Act section 3-3.

The case concerned a claim to be discharged from compelled mental health care. Case history: Eidsivating Court of Appeal - Supreme Court HR-2001-00621, civil appeal.

13 November 2001. Taxation Act 1911 section 53.

The issue in the case was whether the conversion of liabilities to share capital in the particular circumstances of the case was a "composition with creditors" pursuant to the Taxation Act 1911 section 53, sub-section 1, fifth sentence, which would imply that there was no right to carry over deficit. Case history: Oslo City Court - Borgarting Court of Appeal LB-1999-01791 A/03 - Supreme Court HR-2000-00942, civil appeal.

13 November 2001. Insurance Contracts Act section 18-5, sub-section 2.

The issue in the case was whether a claim for credit insurance must be deemed to have been forefeited if the time-limit pursuant to section 18-5, sub-section 2 of the Insurance Contracts Act of 16 June 1989 is exceeded. Case history: Eiker, Modum and Sigdal District Court no. 98-00222A - Borgarting Court of Appeal-1999-01424 A/02 - Supreme Court HR-2001-00158, civil appeal.

12 November 2001. Marriage Act section 59, sub-sections 1 and 2.

The case concerned a claim for irregular distribution of the marital estate pursuant to section 59, sub-sections 1 and 2 of the Marriage Act. Case history: Sandnes District Court no. 99-00515 - Gulating Court of Appeal LG-2000-00538 A - Supreme Court HR-2001-00120, civil appeal.

9 November 2001. Limited term employment. Duty of employee to join a trade union. Employment Act sec

The case concerned the validity of an employment contract of limited duration, cf. the Employment Act section 58 A no.1 a), and of a clause in the employment contract obliging the employee to be a member of a trade union associated to the Norwegian Federation of Trade Unions. If the limited term employment was valid and the contract had consequently validly come to an end, the issue arose whether the employee had the relevant legal interest in the outcome of the case to ask for judgement regarding the validity of the trade union membership clause in the contract. Case history: Oslo City Court no. 98-8641 A/20 - Borgarting Court of Appeal LB-1999-03247 A/01, LB-1999-03248 A/01 - Supreme Court HR-2000-01241, civil appeal.

9 November 2001. Penal Code section 162. Drug felony.

The case concerned sentencing for the importation of 201 kg hashish. Case history: Oslo City Court no. 00-06025 M/22 - Borgarting Court of Appeal LB-2000-03641 M/03 - Supreme Court HR-2001-00580, criminal appeal.

9 November 2001. Penal Code section 228. Sentencing. Assault.

The case concerned sentencing for the assault of a spouse. Case history: Sunnfjord District Court no. 2000-00511 - Gulating Court of Appeal LG-2000-02428 - Supreme Court HR-2001-00875, criminal appeal.

6 November 2001. Agency Act section 28.

The case concerned the right of a mercantile agent to severance pay pursuant to section 28 of the Agency Act upon the termination of the agency agreement. Case history: Oslo City Court no. 97-5489 A/63 - Borgarting Court of Appeal LB-2000-00423 A/02 - Supreme Court HR-2000-01503, civil appeal.

1. November 2001. Employment law. Dismissal.

The case concerned the lawfulness of the dismissal of a secondary school teacher who was dismissed on the grounds of lack of ability to co-operate and disloyalty towards his superiors and colleagues. Case history: Sunnmøre District Court no. 99-00463 A - Frostating Court of Appeal LF-2000-00136 A - Supreme Court HR-2001-00030, civil appeal.

1 November 2001. Corporate criminal liability, cf. Penal Code sections 48a and 48b.

The case concerned the criminal liability of the holding company of a newspaper. Case history: Stavanger City Court no. 00-1010 M - Gulating Court of Appeal LG-2000-02037 M - Supreme Court HR-2001-00426, criminal appeal.

1 November 2001. Sentencing. Penal Code section 229, third sentencing alternative, cf. section 232.

The case concerned sentencing for occasioning bodily harm with a particularly dangerous weapon that resulted in serious injury. Case history: Nord-Østerdal District Court no. 00-00142 M - Eidsivating Court of Appeal LE-2000-00970 M - Supreme Court HR-2001-00955, criminal appeal.

31 October 2001. Penal Code section 34.

The case concerned the confiscation of the profits of crime in a narcotics case. Case history: Sand District Court no. 00-00506 - Agder Court of Appeal LA-2001-00292 M - Supreme Court HR-2001-00831, criminal appeal.

30 October 2001. Proceedings in camera.

The issue in the case was whether an accusation of rape can be declared null and void and thereby constitute grounds for damages for non-economic loss, cf. Chapter 23 of the Penal Code. Case history: Supreme Court HR-2001-00019, private criminal appeal.

30 October 2001. Penal Code section 29. Criminal Procedure Act sections 342 and 343.

The case concerned loss of public office as a police sergeant. Case history: Hedmarken District Court no. 00-00330 M - Eidsivating Court of Appeal LE-2000-00410 M - Supreme Court HR-2001-00165, criminal appeal.

30 October 2001. Penal Code section 195, sub-section 1, second sentencing. alternative

The case concerned sentencing for offences against the Penal Code section 195, sub-section 1, second sentencing alternative (sexual assault of a child under 14 years of age), where a 26-year-old man had sexual intercourse with a girl aged 13 years and 8 months. Case history: Eidsivating Court of Appeal - Supreme Court HR-2001-00468, criminal appeal.

29 October 2001. Penal Code section 39.

The case concerned extension of preventive detention pursuant to section 39 of the Penal Code. Case history: Oslo City Court no. 98-04628 M/17 - Borgarting Court of Appeal LB-1998-03279 M/01 - Supreme Court HR-2001-00193, criminal appeal.

26 October 2001. Penal Code section 255, cf. 256 and Penal Code section 182.

The case concerned the sentencing of a nurse who had been convicted of gross embezzlement of a patient's money. Case history: Sør-Gudbrandsdal District Court no. 00-00170 - Eidsivating Court of Appeal LE-2001-00005 M - Supreme Court HR-2001-00793, criminal appeal.

17 October 2001. The Lugano Convention.

The case concerned whether Sveriges Television AB and a Swedish journalist could be sued in Norway pursuant to Article 5(3) of the Lugano Convention for damages for defamatory statements made in a Swedish television programme that could also be received in large parts of Norway. Case history: Hålogaland Court of Appeal - Supreme Court HR-2000-00799, civil interlocutory appeal.

16 October 2001. The Insurance Companies Act 1911 sections 73 and 75.

The case concerned a dispute between an employer and the employees about the management and disposal of moneys in a collective pension insurance premium fund. Case history: Asker and Bærum District Court no. 97-251 A/02 - Borgarting Court of Appeal LB-1999-02889 A/03 - Supreme Court HR-2000-01289, civil appeal.

12 October 2001. The Limited Companies Act 1976 section 17-1, sub-section 3, cf. section 2-9.

The case concerned the criminal liability of an auditor who had negligently made an incorrect statement relating to the payment of share capital, see the Limited Companies Act 1976 section 17-1, sub-section 3, cf. section 2-9, sub-section 3, second sentence. Case history: Borgarting Court of Appeal - Supreme Court HR-2001-00313, criminal appeal.

11 October 2001. Taxation Act 1911 section 54, sub-section 2.

The case concerned the validity of the ruling of the Petroleum Tax Appeal Board of 20 March 1995 relating to Norsk Agip AS. The ruling confirmed the tax assessments for the fiscal years 1983-1987 where the tax office had reduced deductions claimed by Norsk Agip for premiums for insurance against physical damage to the company's share of installations on the Ekofisk oil field pursuant to section 54, sub-section 1 of the Taxation Act 1911. The reductions for the two years to which the case before the Supreme Court related amounted to NOK 27 million for 1986 and NOK 14 million for 1987, i.e. a total of NOK 41 million. The reduction increased Norsk Agip's income tax liability for the two years by NOK 32 million, since the tax rate was 80 %. Case history: Petroleum Tax Appeal Board PSK-19950320-C - Oslo City Court no. 95-07011 A/57 - Borgarting Court of Appeal LB-1998-00404 A/03 and LB-1998-00405 A/03 - Supreme Court HR-2000-00419, civil appeal.

11 October 2001. Construction law. Tender. Contract law.

The case concerned whether PEAB AS (a construction company) had a claim in tort against Gate Gourmet Norway AS following a tender competition. The main issues in the case were whether a construction contract had in fact been entered into and, if not, whether the builder on the basis of the law relating to tenders was entitled to reject the tender. Case history: Asker and Bærum District Court no. 98-01138 A/01 - Borgarting Court of Appeal LB-1999-02580 A/02 - Supreme Court HR-2000-01279, civil appeal.

5 October 2001. The Tort Act section 2-1.

The case concerned liability in tort for the owners of a ski slope following a skiing accident that occured outside the prepared area. Case history: Gulating Court of Appeal LG-1999-00159 - Supreme Court HR 2000-01337, civil appeal.

5 October 2001. Employment Act section 66.

The case concerned the termination date and the measure of damage for unlawful summary dismissal pursuant to section 66 no. 5 of the Employment Act, in circumstances where the court had found that the employment should be terminated on the grounds that the conditions for lawful dismissal (with notice) were satisfied, see section 66 no. 4, third sentence. Case history: Stavanger City Court no. 99-00252 - Gulating Court of Appeal LG-1999-02166 - Supreme Court HR-2001-00113, civil appeal.

4 October 2001. The Rural Common Land Act section 1-1.

The case concerned whether the State was the owner of an outlying area comprising 116 sq.km. at the north of Manndalen in the local authority of Kåford in the County of Troms, and discussed, inter alia, the conditions for the acquisition of property rights by prescription. Case history: The Outlying Lands Commission for Nordland and Troms - Supreme Court HR-2001-00005B no. 340/1999.

4 October 2001. Pension rights.

The case concerned an employee's pension rights against his employer, Forbrukersamvirket Svalbard BA (The Consumers Co-operative Spitzbergen BA), now Coop Svalbard BA. Case history: Nord Troms District Court no. 99-476 A - Hålogaland Court of Appeal LH-2000-00155 A - Supreme Court HR-2000-01484, civil appeal.

3 October 2001. Taxation Act 1911 sections 36 and 37. Tax Assessment Act section 7-1.

The case concerned the validity of a decision of the Oslo Tax Appeal Board concerning the determination of the taxable value of the residential properties belonging to Skjønhaug housing co-operative for the years 1993-1995, and Slåttevangen housing co-operative for 1993. Case history: Oslo City Court no. 98-11381 A/52 - Borgarting Court of Appeal LB-2000-00431 A/02 - Supreme Court HR-2000-01532, civil appeal.

2 October 2001. Maritime Act section 161.

The issue in the case was whether liability following a collision between two trawlers in the fish preservation area outside Spitzbergen should be sole or joint, and in the latter case how liability should be apportioned, see the Maritime Act section 161 and the Maritime Navigation Rules. Case history: Trondenes District Court no. 98-419 - Hålogaland Court of Appeal LH-1999-00470 and LH-1999-00480 - Supreme Court HR-2000-01220, civil appeal.

1 October 2001. Taxation Act 1911 section 52-1.

The case concerned the basis for calculating the income tax allowance that a co-operative could claim for appropriation of jointly owned capital contributions from limited partners, and was related to the interpretation of section 52-1 of the Taxation Act of 1911, now section 10-50 of the current Taxation Act. Section 52-1, second sentence provides that allowance can be given for up to 15% of the income. The question was whether the allowance should be calculated on the co-operative's total income, or only on that part which stemmed from trade with members. Another issue was whether the allowance should be calculated on the income after deduction for sums paid out to members in the form of membership bonus. Case history: Oslo City Court no. 99-01137 A/18 - Borgarting Court of Appeal LB-2000-00879 A/03 - Supreme Court HR-2001-00042, civil appeal.

28 September 2001. Creditors Security Act section 8-7.

The case concerned whether a creditor in Hilmar A. Reksten's decedent estate in bankruptcy, who had received partial settlement from a joint and several debtor, was entitled to receive a dividend from a provisional pay-out from the estate, cf. Creditors Security Act section 8-7, sub-section 3. Case history: Bergen Probate Court no. 92-00432 - Gulating Court of Appeal LG-1998-01640 - Supreme Court HR-2000-01403, civil appeal.

20 September 2001. Creditors Security Act sections 5-5 and 5-9.

The case concerned the setting aside of transactions in bankruptcy pursuant to the Creditors Security Act sections 5-5 and 5-9. Case history: Toten District Court no. 98-002229 A - Eidsivating Court of Appeal LE-1999-00390 A - Supreme Court HR-2000-00427, civil appeal.

19 September 2001. Civil Procedure Act section 54.

Interlocutory appeal concerning the conditions for legal interest (locus standi) in a subsequent action pursuant to Chapter 30 of the Civil Procedure Act concerning the validity of administrative decisions. Case history: Borgarting Court of Appeal - Supreme Court HR-2000-01406, civil interlocutory appeal.

17 September 2001. Criminal Law. Duty to keep dogs on a leash. Game Act section 56 ef. section 52 su

section 52 sub-section 2. The issue in the case was whether there is authority in Lapp customary law or custom for an exception to the general duty to keep dogs on a leash pursuant to the Game Act. Case history: Tana and Varanger District Court no. 99-658 M - Hålogaland Court of Appeal LH-2000-00299 - Supreme Court HR-2000-00944, criminal appeal.

30 August 2001. Tax law. Tax assessment. Company law. Limited company.

The case concerned the validity of two tax assessments, in particular assignment of income pursuant to section 42, sub-section 1 of the Taxation Act 1911, and the right of a limited company to tax allowance for dividends unlawfully awarded pursuant to the former Share Taxation Act section 8. Case history: Sunnmøre District Court no. 98-00233 - Frostating Court of Appeal LF-1999-00465 A, LF-1999-00466 A - Supreme Court HR-2000-00770 and HR-2000-00772, civil appeal.

30 August 2001. Contract law. Tender for public services. Compensation for loss of promise. Public A

An applicant for a tender claimed that he had been passed over in a tender competition announced by a county council. The Supreme Court discussed to what extent the county council had made mistakes in the tender competition. Compensation for loss of promise could only be awarded if the county council could be blamed for having committed a substantial mistake. When considering this, the Court must give due regard to the nature and scope of the mistake and to the extent to which the contractor could be blamed. Furthermore, causation must be proved on a balance of probabilities. The Court found on the facts that the conditions were fulfilled, and awarded compensation for loss of promise. Case history: Romsdal District Court no. 98-00364 A - Frostating Court of Appeal LF-1999-00942 A - Supreme Court HR-2000-01135, civil appeal.

22 August 2001. Public administration law. Social security law. Judicial review of administrative ac

The Supreme Court found that a person who had been awarded 50% invalidity pension could not by way of judicial review of the award be given judgement for entitlement to full invalidity pension. After having reviewed the relevant sources of law, the Supreme Court concluded that there was no general rule in Norwegian law that the courts when reviewing statute-bound administrative decisions could give judgement on the substantive issue. Nor did Article 6 no. 1 of the European Convention on Human Rights entitle the applicant to a substantive decision from the court following its review of the administrative action. Case history: Social Security Tribunal - Gulating Court of Appeal - Supreme Court HR-2000-01298, civil appeal.

22 August 2001. Public administration law. Education. International law.

The case concerned the validity of administrative decisions refusing applications from a group of parents for full dispensation for their children from the primary school subject "Christian Knowledge and Religious and Ethical Education" ("KRL"). The Norwegian Humanist Association had also lodged an appeal, but their appeal was dismissed on the grounds of lack of legal interest in the outcome of the case. The issue in the case was whether KRL and the right to only limited dispensation was in breach of Norway's obligations in international law concerning protection of freedom of thought, conscience and religion. The Supreme Court made a number of general remarks on the relationship between international law and domestic law, including the application of the precedence principle in section 3 of the Human Rights Act. The limited right of dispensation was found not to be in breach of international human rights conventions. Case history: Oslo City Court no. 98-02587 A/55 - Borgarting Court of Appeal LB-1999-02982 A/03 - Supreme Court HR-2000-01533, civil appeal.

22 August 2001. Criminal law. Sexual offence. Sentencing.

A 46-year-old man was sentenced to 18 months imprisonment following conviction for breach of the Penal Code sections 198 (sexual offence by misuse of position) and section 198, cf. section 49 (attempt), cf. sections 62 and 64 (sentencing for concurrent offences and recidivism). The defendant had abused his position as a driving instructor to commit sexual offences against female pupils. A majority of the Supreme Court (3 justices) dismissed the appeal, while a minority of the Court (2 justices) found that the sentence ought to be reduced to 6 months imprisonment. Case history: Sør-Sunnmøre District Court - Frostating Court of Appeal - Supreme Court HR-2001-00381, criminal appeal.

21. August 2001. Criminal law. Road traffic law. Manslaughter. Procedure. Application of law.

A 53-year-old man was convicted of breach of section 239, first sentencing alternative of the Penal Code (manslaughter) and section 31, cf. section 3 of the Road Traffic Act (negligent breach of the Road Traffic Act resulting in serious injury or death), cf. section 62 of the Penal Code (sentencing for concurrent offences). The defendant had overtaken another car in difficult weather and driving conditions. The car which he was driving left the road and overturned. A child who sat unsecured in the back seat was killed. The Supreme Court found that the Court of Appeal's description of the facts was unclear on several important points, and that this affected the Court's ability to adjudge whether the defendant had been negligent. The Court found therefore that it had an insufficient basis upon which to review the application of law, and the conviction was quashed on the premise that the grounds for the judgement were inadequate, see the Criminal Procedure Act section 343, sub-section 2 no. 8. Case history: Eidsvoll District Court no. 99-00767 M - Eidsivating Court of Appeal LE-2000-00333 M - Supreme Court HR-2001-00140, criminal appeal.

21. August 2001. Criminal law. Bodily harm. Threats. Violence against a public servant. Sentencing.

A 33-year-old man had been a drug abuser from he was 16 years old. He had 25 previous convictions, mainly for drug-related offences but also including three counts of violence. He appealed against conviction for breach of sections 127, 128, sub-section 1 and 229 of the Penal Code for an act of violence against and occasioning bodily harm to a policeman in connection with an arrest. During the arrest, the defendant had threatened the policeman with a pistol and bitten his arm. The Supreme Court dismissed the appeal and found that the rehabilitation program that the defendant was following, including treatment with methadone, did not give cause to suspend part of the sentence. Case history: Gulating Court of Appeal LG-2001-00421 - Supreme Court HR-2001-00421, criminal appeal.

29. June 2001 Nurses Pension Fund Act section 1, Limitation Act section 2

Case concerning a claim for the employer to make payment in arrears of the employer's contribution of the pension premium to the Nurses Pension Fund, cf. the Nurses Pension Fund Act of 22. June 1962 no. 12. Case history: Drammen City Court no. 98-00776 A - Borgarting Court of Appeal LB-1999-00367 A/01 and LB-1999-00790 A/01 - Supreme Court HR-2000-00826, civil appeal.

28. June 2001 Road Traffic Act section 22 (driving a motor vehicle whilst intoxicated)

Case concerning the driving of a motor vehicle whilst under the influence of drugs. Case history: Frostating Court of Appeal - Supreme Court HR-2001-00205, criminal appeal.

28. June 2001 Penal Code section 162 (drug felony)

Sentencing for a drug felony. Case history: Trondheim City Court no. 2000-01115 - Frostating Court of Appeal LF-2000-01001 M - Supreme Court HR-2001-00215, criminal appeal.

28. June 2001 Penal Code section 239, first sentencing alternative

(negligently causing the death of another person) Sentencing for a motoring accident, where a cyclist was run down and killed on a pedestrian crossing. Case history: Romerike District Court no. 99-0478 - Eidsivating Court of Appeal LE-2000-00344 M - Supreme Court HR-2001-00255, criminal appeal.

27. June 2001 The Taxation Act 1911 sections 42

(definition of income) and 53 (allowance for deficits in previous years) Case concering the fiscal treatment of so-called preferential capital injected by Forretningsbankenes Sikringsfond (The Commercial Banks' Guarantee Fund) and Statens Banksikringsfond (The State Bank Insurance Fund) into Christiania Bank & Kreditkasse and Den norske Bank ASA during the bank crisis, which was written down to zero. Case history: Oslo City Court no. 97-01892 A/26 and 97-01934 A/44 - Eidsivating Court of Appeal LE-1999-00252 A and LE-1999-00253 A - Supreme Court HR-2000-01064, and HR-2000-01066, civil appeal.

27. June 2001 The Intellectual Property Act sections 2 and 39

Case concerning a dispute between Posten Norge BA (The Norwegian Post Office) and the artist of a detail on a postage stamp relating to the proprietary rights to a proof print of postage stamps produced at the engraving stage, prior to the production of an approved proof print. Case history: Oslo City Court no. 98-6556 A - Borgarting Court of Appeal LB-2000-00389 A/03 - Supreme Court HR-2000-01487, civil appeal.

22. June 2001 Road Traffic Act section 22, sub-section 1. Drink-driving.

Case concerning the interpretation of section 22, sub-section 1 of the Road Traffic Act, which, at the relevant time, provided that the driver of a motor vehicle in any event shall be deemed to be under the influence of alcohol if he has an alcohol concentration on his breath in excess of 0.25 milligrams per litre air. (This provision was amended by a statutory amendment of 22. September 2000, and the applicable limit as per 1. January 2001 is 0.1 milligram alcohol per litre air). Case history: Drammen City Court no. 2000-361 M - Borgarting Court of Appeal LB-2000-01623 M/03 - Supreme Court HR-2001-00173, criminal appeal.

21. June 2001 The Reindeer Farming Act 1978 section 2. Right of grazing for reindeer.

Case concerning a dispute as to whether two reindeer grazing districts (Essand and Riast/Hylling) had grazing rights for their reindeer in privately owned outlying areas within the district boundaries in Selbu local authority in the county of Sør-Trøndelag. Case history: Midt-Trøndelag District Court no. 95-00379 A - Frostating Court of Appeal LF-1998-01085 A - Supreme Court HR-2001-00004B, no. 365/1999.

18. June 2001 Article 97 of the Constitution

The issue in the case was whether a statutory amendment concerning the taxation of personal income for active owners of limited companies had been given retroactive effect in breach of Article 97 of the Constitution. Case history: Asker and Bærum District Court no. 98-00302 A/02 - Borgarting Court of Appeal LB-1999-00927 A/02 - Supreme Court HR-2000-00887, civil appeal.

18. June 2001 Sentencing for insurance fraud.

Case concerning sentencing for insurance fraud. Case history: Karmsund District Court no. 00-00367 - Gulating Court of Appeal LG-2000-01461 - Supreme Court HR-2001-00012, criminal appeal.

15. June 2001 The Mental Health Act 1999 section 3-3

Case concerning a claim by a patient to be discharged from compelled mental health care. Case history: Trondheim City Court - Supreme Court HR-2000-00842, civil appeal.

11. June 2001 Penal Code section 231, cf. sections 232 and 64

(grievous bodily harm with intent, and sentencing for offences committed during a probation period). Case history: Gulating Court of Appeal - Supreme Court HR-2001-00257, criminal appeal.

6. June 2001 Sentencing for bodily harm and robbery.

Case history: Oslo City Court no. 99-11151 M/43 - Borgarting Court of Appeal LB-2000-01715 M/02 - Supreme Court HR-2001-00183, criminal appeal.

1. June 2001 Sentencing for aggravated robbery (taxi robbery).

Case history: Stavanger City Court - Gulating Court of Appeal - Supreme Court HR-2001-00364, criminal appeal.

30. May 2001 The Marriage Act section 65

Case concerning judicial modification pursuant to section 65 of the Marriage Act of an agreement between the spouses concerning the division of joint property. Case history: Oslo City Court no. 97-2914 - Borgarting Court of Appeal LB-1999-03740 A and LB-1999-03741 A - Supreme Court HR-2000-01151, civil appeal.

23. May 2001 The Maritime Act section 254, sub-section 4

The case before the Supreme Court concerns the validity of a clause disclaiming liability for damage to live fish under sea transport. The case relates to the interpretation of section 254, sub-section 4 of the Maritime Act, which prescribes the circumstances in which the parties can contract out of the rules laid down in the Act relating to the liability of the carrier. Case history: Vardø District Court no. 98-164 A - Hålogaland Court of Appeal LH-1999-00443 - Supreme Court HR-2000-00931, civil appeal.

23. May 2001 Inheritance Act section 21

Case concerning an application for distribution of an undivided estate on the grounds that certain inheritors had been given unfair preference. Interpretation of section 21, sub-section 2 of the Inheritance Act concerning the power of the surviving spouse to distribute the deceased's undistributed estate. Case history: Sand District Court no. 99-00061 - Agder Court of Appeal LA-1999-01546 A - Supreme Court HR-2000-01471, civil appeal.

23. May 2001 Criminal Procedure Act section 296

296 (the oral evidence rule), European Convention on Human Rights Article 6 (right to a fair trial) Case concerning three questions of procedure in the Court of Appeal's dealing of a criminal case. The first issue relates to questions directed to the accused by the presiding judge. The second issue concerns the Court's decision to permit a witness's judicial testimony and statement to the police to be read aloud. The third issue concerns the presiding judge's summing-up and directions to the jury. Case history: Oslo City Court no. 98-05852 M/65 - Borgarting Court of Appeal LB-1999-00500 M/02 - Supreme Court HR-2001-00163, criminal appeal.

23. May 2001 Community service for acquiring and using hashish

Penal Code section 28a (community service jurisdiction). Sentencing. Case history: Agder Court of Appeal LA-2000-01575 - Supreme Court HR-2001-00221, criminal appeal.

15. May 2001 Sentencing. Drug case.

Penal Code sections 162 (drug felony) and 64 (sentencing for offences committed during a probation period). Case history: Sandnes District Court no. 99-00615 - Gulating Court of Appeal LG-2000-01471 M - Supreme Court HR-2001-00309, criminal appeal.

10. May 2001. The Compulsory Purchase Compensation Act of 1984 section 5.

Case concerning appeal against the reassessment of compensation for compulsory purchase of an area of land which, in the local development plan, was regulated as recreational ground. The issue before the Supreme Court was whether, in the application of the "park principle", compensation should reflect the level of prices in the neighbourhood even though the land was not suitable as building land. Case history: Skien and Porsgrunn City Court no. 98-00118 B - Agder Court of Appeal LA-1999-00167 B - Supreme Court HR-2000-01054, civil appeal.

10. May 2001. Penal Code section 233 (murder)

Case concerning sentencing for attempted murder. Case history: Oslo City Court no. 99-10186 M/41 - Borgarting Court of Appeal LB-2000-01323 M/03 - Supreme Court HR-2001-00055, criminal appeal.

9. May 2001. Criminal Procedure Act section 294

(ex officio duty of the court to ensure that the facts are clarified). The Supreme Court decided that the appeal proceedings should be adjourned and a new hearing date fixed. Case history: Oslo City Court No. 98-04628 M/17 - Borgarting Court of Appeal LB-1998-03279 M/01 - Supreme Court HR-2001-00193, criminal appeal.

4. May 2001. The Tax Assessment Act section 8-1, The Taxation Act of 1911

Case concerning the validity of an administrative decision of the tax assessment board concerning the value of the goodwill in a single share-owner company acquired by a limited company. Case history: Salten District Court no. 98-1371 A - Hålogaland Court of Appeal LH-2000-00065 - Supreme Court HR-2000-01214, civil appeal.

27. April 2001. Penal Code section 192 (rape), criminal procedure.

The issue before the Supreme Court was whether the judgement of the court of appeal had to be quashed because the decision of the jury was self-contradictory, or it was uncertain whether the jury had understood what was necessary in order to convict. Case history: Sarpsborg City Court - Borgarting Court of Appeal LB-1999-03487 M/01 - Supreme Court HR-2000-01510, criminal appeal.

26. April 2001. Trade union law.

The case concerned a dispute over a local trade union's withdrawal of it's membership from a parent trade union association in contravention of the association's rules. The rules provided that withdrawal could only take place after the local union had held two separate ballots six months apart, where at least a two-third majority had voted in favour of the withdrawal at each of the ballots. Case history: Stavanger City Court no. 97-0838 A - Gulating Court of Appeal LG-1998-02028 - Supreme Court HR-2000-00328, civil appeal.

24. April 2001. The Marriage Act sections 59, 60 and 69.

B was a doctor who ran a gynaecology clinic in the town of Lillehammer. The business was originally run as a one-man firm, thereafter as a limited company with effect from 1st January 1995. B and his wife, A, separated in 1996. The issue before the Supreme Court was whether claims that B had against the company at the time of the breakdown of the marriage for goodwill and allocated dividends, together with the value of his shares in the company, should form part of the matrimonial estate and, if so, how they were to be valued. Case history. Sør-Gudbrandsdal District Court no. 98-00251 - Eidsivating Court of Appeal LE-1999-00453 - Supreme Court HR-2000-00681, civil appeal.

19. April 2001. The Allodial Rights Act section 23 cf. sections 1 and 3

The issue in the case was whether the right of redemption to a registered part of an allodial property had lapsed because the said part of the property had for many years only been used for quarrying sand and gravel, and would be used for this purpose in the future. See the Allodial Rights Act section 23 cf. sections 1 and 3. Case history: Skien and Porsgrunn District Court no. 99-00943 A - Agder Court of Appeal LA-1999-01808 A - Supreme Court HR-2000-01023, civil appeal.

19. April 2001. The Allodial Rights Act section 23 cf. section 1

Case concerning an allodial claim for an ideal 4/5 part of a property in Bykle local authority. The issue in the case was whether the requirement in the Allodial Rights Act section 23 cf. section 1 that the property must be used for agricultural purposes, was fulfilled. Case history: Kristiansand District Court no. 98-00537 - Agder Court of Appeal LA-1999-01233 A Supreme Court HR-2000-01276, civil appeal.

18. April 2001. Road Traffic Act section 31a (summary fines for certain minor traffic offences).

Regulations concerning personal safety equipment whilst driving, etc. Case concerning further appeal against an interlocutory decision concerning the interpretation of certain regulations (delegated legislation) passed pursuant to the Road Traffic Act that proscribe the use of seat-belts and authorise the imposition of summary fines by the police for failure to do so. Case history: Sunnfjord Court of Examination and Summary Jurisdiction no. 00-00400 - Gulating Court of Appeal LG-2000-01757 - Supreme Court HR-2000-01276 civil appeal

4. April 2001. The Petroleum Tax Act sections 1 and 2

Case concerning the tax liability in Norway for a Swedish Company for income from a catering business carried out on the Norwegian continental shelf in circumstances where the catering was undertaken by another company as sub-contractor. Case history: Stavanger City Court - Gulating Court of Appeal LG-1998-01695 - Supreme Court HR-2000-00327, civil appeal.

4. April 2001. Penal Code section 233 (murder).

Criminal Procedure Act section 294 (ex officio duty of the court to ensure that the facts are clarified). Premeditated murder of a taxi-driver. Appeal against procedure and sentencing by one of the parties to the Court of Appeal. The hearing of the appeal ought to have been adjourned to give the accused - if possible - the opportunity to testify before the court. The Supreme Court quashed the judgement and appeal hearing in the Court of Appeal. Case history: Nedre Romerike District Court no. 99-011238 M - Eidsivating Court of Appeal LE-2000-00350 M - Supreme Court HR-2000-01441, criminal appeal.

3. April 2001. The Boycott Act section 1.

In the spring of 1998, there was a strike in the transport industry. A business that was not involved in the strike brought a claim against the trade union for damages for loss resulting from the blockade of action taken by the business to combat the harm that it suffered because the employee's at one of the business's contractual parties were on strike. Case history: Trondheim City Court no. 98-01425 A - Frostating Court of Appeal LF-1999-00643 A - Supreme Court HR-2000-00618, civil appeal.

23. March 2001. Criminal law. Tort. Defamation. Damages for non-economic loss. Procedure.

Case concerning a claim against the State for damages for non-economic loss. In connection with the appointment of a head of department of a district court, the Ministry of Justice had, upon the request of the chief justice of the court, obtained and passed on information about one of the applicants from the Register of Criminal Records. The Ministry did not have the requisite authority to obtain the information, and the passing on of the information was in breach of rules of procedure of the Register of Criminal Records Act. The communication of the information was not deemed to be unreasonable in the terms of section 249 no. 2 of the Penal Code (defences to defamation), and there was no unlawful defamation. There was therefore no grounds for damages pursuant to section 3-6 of the Damages Act (damages for defamation and breaches of privacy). Nor did a claim for damages pursuant to section 3-5 of the Damages Act succeed (damages for non-economic loss). There had been a breach of Article 8 of the European Convention on Human Rights (right of privacy), but there was no cause for the Court to award damages pursuant to Article 13 (right to an effective remedy in the exercise of Convention rights). The costs rules of the Criminal Procedure Act must be considered and applied in the light of the Convention. Case history: Borgarting Court of Appeal - Supreme Court HR-2000-00793, civil appeal.

23. March 2001. Criminal law. Road traffic law. Sentencing.

A 49-year-old man was sentenced to 21 days unconditional imprisonment for having run down a pedestrian on a footpath. The pedestrian suffered serious personal injury. In dismissing the appeal, the Supreme Court discussed the relationship between this and several previous similar cases, and also commented upon the standard of sentencing for breach of the Penal Code section 228 (assault) and section 229 (bodily harm) on the one hand, and section 3 of the Road Traffic Act (motorists general duty of care) on the other. Case history: Drammen Court of Examination and Summary Jurisdiction no. 99-01410 F - Borgarting Court of Appeal LB-2000-00263 M/01 - Supreme Court HR-2000-01100, criminal appeal.

23. March 2001. The Patent Act section 1 and the Patent Office Act section 7

On 30th September 1991, Norsk Hydro applied in its capacity as the inventor's legal successor, for patent for a mechanical device for use on drilling or production ships. The application was turned down by the Patent Office. The case concerned the validity of the decision made by the Second Chamber of the Patent Office in an appeal case of 20. January 1997. Case history: Oslo City Court no. 97-02625 A/50 - Borgarting Court of Appeal LB-1998-03129 A/01 - Supreme Court HR 2000-01107, civil appeal.

21. March 2001. The Employment Act section 46 (normal working hours).

The issue in the case was when working hours commence and end for two particular groups of employees - 23 day workers and 143 shift workers - at the Norwegian State Oil Company's plant at Kårstø and, in that connection, the scope of the employer's management prerogative. Case history: Karmsund District Court no. 98-00217 and 98-00218 - Gulating Court of Appeal LG-1999-00366 and LG-1999-00367 - Supreme Court HR-2000-00868, civil appeal.

20. March 2001. Criminal law. Indecency. Sentencing.

A man appealed against sentence after having been convicted of indecent assault of his granddaughter from the age of four until fourteen, cf. the Penal Code section 195 sub-section 1, second alternative (indecent assault of a child under 14 years old including sexual intercourse) and section 207 sub-section 1, second alternative (incest including sexual intercourse), cf. section 62 (sentencing for concurrent offences). The Supreme Court dismissed the appeal. In sentencing, the Supreme Court attached particular emphasis to the enormity of the assaults that had taken place over a long period of time, and to the fact that the victim had suffered serious mental injury. The passage of time, the defendant's senior years and the fact that he was mentally weak could not in the circumstances be accorded particular weight in sentencing. Case history: Fredrikstad District Court no. 00-01062 M - Borgarting Court of Appeal LB-2000-00942 M/01 - Supreme Court HR-2000-01302, criminal appeal.

20.March 2001. Criminal law. Indecency. Competence. Sentencing

A 31-year-old man was convicted in the district court for one count of rape including sexual intercourse, whilst the Court of Appeal found him guilt on two counts, cf. the Penal Code 192, sub-section 1, first sentence, second sentencing alternative (rape including sexual intercourse), cf. the Penal Code section 213 (definition of sexual intercourse). Referring to § 62 of the Penal Code (sentencing for concurrent offences), the Court of Appeal passed a sentence of imprisonment for a term of three years and three months. In its consideration of the sentence, the Supreme Court took as its point of departure the fact that the level of sentences for a number of categories of rape has increased during recent years. The assault inflicted on the victim in the last incident of rape had been so extensive and prolonged that it was irrelevant that the defendant and the victim had been living together until then. The professional judges were found not to be incompetent to deal with the case notwithstanding that the public prosecutor who had prosecuted on behalf of the State was appointed as a judge on the bench of the court of appeal before which the case had been heard. Case history: Sunnfjord District Court no. 99-00549 - Gulating Court of Appeal LG-2000-00796 - Supreme Court HR-2001-00010, criminal appeal.

19.March 2001. Property law. Right of commonage.

Case concerning the lapse of timber rights in crown lands in relation to a property where it was purported that there had been no agricultural activity on the property for a consecutive period of five years, see the Crown Lands Act section 2-6, sub-section 1 no. 1 litra b. The Supreme Court found that agricultural activity could not be deemed to have ceased in accordance with the criteria laid down in the preparatory works to the Act. Furthermore, the property also had the appearance of an agricultural property, so that the Crown Lands Act section 2-6, sub-section 1 no. 2 did not apply. Case history: Gauldal District Court no. 98-00138 A - Frostating L/R LF-1999-00826 A - Supreme Court HR-2000-01146, civil appeal.

19. March 2001. Criminal procedure. Criminal law.

In pursuance of the Criminal Procedure Act section 160a, cf. the Prosecution Rules section 11a-2, the public prosecutor in Rogaland decided that a man who had been convicted in the district court inter alia for breach of section 162 of the Penal Code (drug felony) should be registered in the central DNA Register. The Supreme Court found that neither the wording of section 160a of the Criminal Procedure Act nor the preparatory works to the Act, nor the fact that a person might find such registration burdensome, could substantiate a right of appeal against the prosecutor's decision. Nor could a right of appeal be based on Articles 8 (right to respect for private life) and 13 (right to an effective remedy for breach of Convention rights) of the European Convention on Human Rights. Case history: Gulating Court of Appeal - Supreme Court HR-2001-00003, criminal interlocutory appeal.

16. March 2001. The Sale of Real Property Act section 4-12, cf. sections 3-9 and 3-7

The dispute concerned a claim for a price reduction for defects pursuant to the Sale of Real Property Act section 4-12, cf. section 3-9 first sentence, cf. section 3-7. The pertinent issue was whether the vendor of real property can be identified with the engineer/valuer who has prepared the survey in connection with the sale. Case history: Skien and Porsgrunn District Court no. 98-00855 A - Agder L/R LA-1999-00362 A - Supreme Court HR-2000-00393, civil appeal.

16. March 2001. The Occupational Pension Scheme Regulation section 14

The Limitation Act § 10 Case concerning a claim for the apportionment of capital in a premium fund accumulated under a private occupational pension scheme and governed by the rules applicable prior to the current Business Pension Schemes Act of 24. March 2000 no. 16. Case history: Asker and Bærum District Court no. 98-00660 A - Borgarting Court of Appeal LB-1999-00912 A/02 - Supreme Court HR-2000-00628, civil appeal.

14. March 2001. Maritime law. Collision.

A car ferry, "Strand", and a bulk ship, "Vitin", collided in the Hille Fjord. Strand had a duty to give way, whilst Vitin in principle was under a duty to maintain its course and speed in accordance with the navigation rules. On the basis of the Maritime Act section 161 and Rules 15 and 17 of the Rules of Navigation at Sea, the Supreme Court found, like the lower courts, that there was no cause to share the blame since Vitin could not be reproached for not taking precautionary measures by changing its manoeuvres. Case history: Stavanger District Court no. 1998-00407 - Gulating Court of Appeal LG-1999-00414 - Supreme Court HR-2000-00400, civil appeal.

14. March 2001. The Marriage Act sections 68 and 69.

Case concerning the appropriate date for the valuation of the matrimonial home in a public division of the matrimonial estate, and the claim for rent by one spouse against the other, see the Marriage Act sections 68 and 69. Case history: Oslo City Court, Probate Division - Borgarting Court of Appeal LB-1999-03736 A - Supreme Court HR-2000-01071, civil appeal.

13. March 2001. Criminal law. Indecency. Threats. Preventive detention. Sentencing.

A 42-year-old man was sentenced in the Court of Appeal to four years imprisonment for rape, (cf. Penal Code section 192, sub-section 1, second sentencing alternative) and threats (cf. Penal Code section 227, sub-section 1) in addition to a number of other offences for which he had been found guilty in the District Court. The Supreme Court found that the risk that the defendant would again commit acts of a similar nature was so real that it was justified in granting the prosecution authority to impose preventive measures in accordance with the Penal Code section 39 no. 1 litræ a - f for a period of up to five years. The custodial sentence was reduced to three years and six months. Case history: Salten District Court no. 00-10 M - Hålogaland Court of Appeal LH-2000-00297 - Supreme Court HR-2000-01426, criminal appeal.

9. March 2001. Tort, whiplash injury

The issue in the case was whether there was causation between the plaintiff's disability and the tortious act (a car accident) and, if so, whether the causation was sufficiently adequate to justify a claim for compensation under a traffic insurance policy and an insurance payment under the driver's personal accident insurance cover. Case history: Oslo District Court no. 95-09600 - Borgarting Court of Appeal LB-1997-02580 A/01 and LB-1997-02581 A/01 - Supreme Court HR-2001-00002B no. 316/1999.

9. March 2001. Tort

Case concerning a claim for damages from a plaintiff who had suffered a psychosomatic paralysis of the arm following a motor car accident. The issue before the Supreme Court related to the particular requirements of causation. Case history: Oslo District Court no. 97-01369 A/36 - Borgarting Court of Appeal LB-1998-01385 A/03 and LB-1998-01386 A/03 - Supreme Court HR-2001-00003B no. 144/1999.

23. February 2001. Corporate Taxation Act section 5-2

2 (liability for gains and allowance for losses) Case concerning whether the sale of shares for symbolic consideration amounts to "realisation" with a consequential right to tax deduction for loss incurred upon realisation pursuant to the former Corporate Taxation Act section 5-2, re-enacted in the new Taxation Act section 10-31. Gifts do not constitute "realisation" in the terms of the said Acts. However, so-called "gift-sale" i.e. sale where the price of the goods is set so low that they must in part be considered to be a gift, does constitute "realisation" and gives entitlement to tax deduction. Case history: Oslo District Court no. 98-05337 A/72 - Borgarting Court of Appeal LB-1999-01558 A/03 - Supreme Court HR-2000-00626, civil appeal.

20. February 2001. Compensation Act section 3-5 (damages for non-pecuniary loss)

Compensation Act section 3-5 (damages for non-pecuniary loss) Case concerning a claim by surviving relatives for damages for non-pecuniary loss submitted in connection with a criminal conviction for murder, see the Damages Act section 3-5, subsection 2. Case history: Trondheim District Court no. 99-00120 - Frostating Court of Appeal LF-1999-00529 A - Supreme Court HR-2000-00300, civil appeal.

16. February 2001. Working Environment Act Chapter XII A

A (employees' rights in connection with the transfer of the undertaking) The case arose in connection with the transfer of ambulance services in a local authority from one company to another. One issue in the case was whether the employees were entitled to employment with the new company responsible for the ambulance services, cf. the provisions of the Working Environment Act Chapter XII A on transfer of undertakings. Another issue was the implications of the condition for employment laid down by the new company that the two employees concerned were not members of a trade union. Case history: Nord-Troms District Court no. 98-1693 - Hålogaland Court of Appeal LH-1999-00435 A - Supreme Court HR-2000-00514, civil appeal.

13. February 2001. Penal Code section 275 (breach of trust)

Case concerning sentencing for gross breach of trust involving corruption, cf. Penal Code section 275, cf. section 276. Case history: Stavanger District Court no. 97-00971 - Gulating Court of Appeal LG-1999-00605 M and LG-1999-00606 M - Supreme Court HR-2000-00355 and HR-2000-00356, criminal appeal.

13. February 2001. The Mortgage Act sections 3-22

(vendor's fixed charge and similar rights) and 3-17 (protection of legal right) Interlocutory appeal concerning interpretation of the Mortgage Act section 3-22, subsection 2, second sentence, cf. first sentence. The issue was whether leasing of the remaining value of a motor car fell within the scope of the provision, with the result that the lessee's estate in bankruptcy could sequestrate the car when the leasing agreement was not registered pursuant to section 3-17, subsection 3 of the Mortgage Act. Case history: Oslo Court of Execution and Enforcement no. 00-903 D - Borgarting Court of Appeal LB-2000-02235 K/04 - Supreme Court HR-2000-01350 civil interlocutory appeal.

9. February 2001. The Rural Commonage Act section 2-6

(lapse of beneficial right of user) Case concerning the lapse of a beneficial right of user to an area of rural commonage. Case history: Hadeland and Land District Court no. 98-00119A - Eidsivating Court of Appeal LE-1999-00089 A and LE-1999-00091 A - Supreme Court HR-2000-00301, civil appeal.

8. February 2001. The Nature Conservation Act section 20

(compensation by the state to landowners etc. subject to a nature preservation order) The issue in the case was whether compensation could be claimed from the State for lost land disposal subsidy and lost landscape subsidy when an area of moorland was turned into a nature reserve, since the preservation order meant that parts of the moorland area could no longer be used for fertilised cultivated pasture, see the Nature Conservation Act section 20. Case history: Nordhordland District Court no. 97-0267 - Gulating Court of Appeal LG-1998-02161 - Supreme Court HR-2000-01173, civil appeal

7. February 2001. Taxation Act (1911) section 58

(calculation of personal income for shareholders in limited companies) Case concerning the validity of an administrative decision of the Bergen Tax Appeal Board, where the issue in question was whether the transfer of a share holding was pro forma to the extent that it should be taken into account in the calculation of personal income. Case history: Bergen District Court - Gulating Court of Appeal LG-1999-01468 A - Supreme Court HR-2000-00949, civil appeal.

31. January 2001. Corporate Taxation Act sections 5-2 and 5-3

(liability for gains and allowances for losses) Case concerning the validity of an amended tax assessment, wherein deduction for loss on shares from ordinary income for the fiscal year 1994 was disallowed, see the Corporate Taxation Act of 20. July 1991 no. 65 section 5-2 no.2, cf. section 5-3 no. 3 (re-enacted in the Taxation Act of 26. March 1999 no.14 section 10-31, subsection 2, cf. section 10-32, subsection 2). Case history: Gulating Court of Appeal - Supreme Court HR-2000-00893, civil appeal.

30. January 2001. Leasehold Property Act section 14 and 13 (regulation of ground rent)

Case concerning the regulation of an annual ground rent, see the Leasehold Property act of 1975 section 14, subsection 2, cf. section 13. Case history: Gulating Court of Appeal LG-1999-00124 B - Supreme Court HR-2000-00548, civil appeal.

30. January 2001. Commercial lease

Case concerning the lessor's right to terminate the lease of commercial premises when the lease provided that such termination was conditional upon the lessor himself wishing to use the premises. Case history: Oslo District Court no. 99-04750 A/43 - Borgarting Court of Appeal LB-1999-03002 A/02 - Supreme Court HR-2000-00631, civil appeal.

30. January 2001. Contract Act section 29 (duress)

Abandonment of civil legal claim. Case history: Eidsivating Court of Appeal - Supreme Court HR-2000-01310, criminal appeal.

26. January 2001. Penal Code section 267, cf. section 268

(robbery and aggravated robbery) Case concerning sentencing for aggravated robbery. Case history: Bergen District Court no. 99-02180 - Gulating Court of Appeal LG-2000-00551 M - Supreme Court HR-2000-01297, criminal appeal.

26. January 2001. Penal Code section 162 (drug felony)

Case concerning sentencing for a drug offence. Case history: Haugesund District Court no. 00-00092 - Gulating Court of Appeal LG-2000-00745 M - Supreme Court HR-2000-01333, criminal appeal.

23. January 2001. The Compensation Act sections 3-2a, 3-1 and 3-2 2

(measurement of damage) The issue in the case was whether compensation to a minor for loss of future earnings and for permanent injury resulting from sexual abuse should be measured in accordance with the rules in section 3-2a of the Compensation Act concerning standardised compensation for children, or in accordance with the ordinary rules in sections 3-1 and 3-2 of the Act. Case history: Gulating Court of Appeal LG-1998-01956 A - Supreme Court HR-2000-00479, civil appeal.

23. January 2001. Working Environment Act section 85

(criminal liability of the employer for breach of the Act) Case concerning sentencing for breach of the Working Environment Act and regulations pursuant thereto in connection with an accident involving a crane. Case history: Nordmøre District Court no. 99-00252 M - Frostating Court of Appeal LF-2000-00054 M - Supreme Court HR-2000-01255, criminal appeal.

23. January 2001. Penal Code section 239

first sentencing alternative (negligently causing the death of another person) Case concerning a fatal accident where the victim was run over by a tractor. Appeal against sentence was dismissed. Case history:

22. January 2001. Penal Code section 195 (indecent assault of a minor below 14 years of age)

Appeal by both parties against sentence. Case history: Oslo District Court no. 04-98/2406 - Borgarting Court of Appeal LB-1999-03547 M/01 - Supreme Court HR-2000-01369, criminal appeal.

19. January 2001. The Working Environment Act section 60 and the Seamen's Act section 19

(protection against unfair dismissal) Case concerning the fairness of a number of dismissals from positions on board mobile platforms on the Norwegian Continental Shelf. Case history: Agder Court of Appeal - Supreme Court HR-2000-00112, civil appeal.

15. January 2001. Penal Code section 162 (drug felony)

Drug offence. The judgement of the Court of Appeal was quashed due to deficiencies in the judge's summing-up to the jury. Case history: Oslo District Court no. 97-10754 M/70 - Borgarting Court of Appeal LB-1998-03575 M/02 - Supreme Court HR-2000-00452, criminal appeal.

12. January 2001. Criminal Procedure Act section 252

(formal requirements of an indictment) and ECHR Article 6 (charged person's right to be informed of the charge against him) The issue before the Supreme Court was whether an item in an indictment concerning dealing in drugs was sufficiently defined, see section 252, subsection 1 no. 4 of the Criminal Procedure Act and Article 6 no. 3 (a) of the European Convention on Human Rights. Case history: Asker & Bærum District Court no. 98-2460 M - Borgarting Court of Appeal LB-1999-01723 M/01 - Supreme Court HR-2000-00544, criminal appeal.

12. January 2001. Penal Code section 422

(wilful or negligent intoxication by the master of a ship in the course of his duty) Case concerning manslaughter in connection with the navigation of a pleasure boat, and breach of the prohibition in section 422, subsection 2 of the Penal Code against becoming intoxicated while on duty on board a "ship". Case history: Ryfylke District Court no. 98-00343 - Gulating Court of Appeal LG-1999-01182 M - Supreme Court HR-2000-00894, criminal appeal.

11. January 2001. Criminal Procedure Act section 297

297 (circumstances in which a witness statement may be read aloud in court) and ECHR Article 6 (right to a fair trial) Case concerning whether or not a statement to the police given by a witness who failed to attend the trial could be read aloud in court, see section 297, subsection 1 of the Criminal Procedure Act and Article 6 no. 1 and no 3 d of the European Convention on Human Rights. Case history: Stavanger District Court no. 99-00820 - Gulating Court of Appeal LG-2000-00057 M - Supreme Court HR-2000-00847, criminal appeal.

10. January 2001. Penal Code section 162 (drug felony)

Sentencing. Aiding and abetting the storage and sale of 400 grams of heroin. Case history: Oslo District Court no. 99-1218 M/70 - Borgarting Court of Appeal LB-1999-01737 M/03 -Supreme Court HR-2000-00764, criminal appeal.

10. January 2001. Criminal Procedure Act section 68

Appeal dismissed on the grounds that the Chief Constable did not have the power to appeal. Case history: Gulating Court of Appeal LG-1999-01331 - Supreme Court HR-2000-01249, criminal appeal.