Summary of Supreme Court Decisions 2007

21 December 2007             Withdrawal of authorisation to practice as a doctor.  Health Personnel Act section 57

The case concerns withdrawal of a doctor’s authorisation to practice on the grounds of sexual abuse of minors that took place before he was granted authorisation to practice, see the Health Personnel Act section 57.

Reference: HR-2007-2162-A, case no. 2007/1014, civil appeal. 

 

21 December 2007             Corporate Penalty. Penal Code section 294 subsection 1 no. 3

The issue in the case was whether an airline company’s use of so-called PNR-data relating to another airline company constituted a breach of the Penal Code section 294 subsection 1 no. 3 (unlawfully making use of a business or trade secret of an enterprise which a person has become acquainted with or gained control over in the capacity of technical or mercantile consultant to the enterprise or in connection with an assignment from it). The case also concerns the measure of the penalty, if any, to be imposed against the airline company.

Reference: HR-2007-2159-A, case no. 2007/1569, criminal appeal.

 

21 December 2007             Free choice of defence counsel. Courts of Justice Act section 223 and Criminal Procedure Act section 95 subsection 2

The issue in the case was whether the right of the accused to choose his own defence counsel had been breached in a criminal case before the Court of Appeal and, further, whether a junior lawyer could qualify as an “other suitable person” and therefore be appointed as defence counsel in a case where the accused risked a penalty in excess of six years’ imprisonment, see the Courts of Justice Act section 223 and the Criminal Procedure Act section 95 subsection 2.

Reference: HR-2007-2155-A, case no. 2007/1512, criminal appeal.  

 

21 December 2007             Taxation law. Taxation Act section 6-1 and section 6-2

The case concerns review of the decision of the Ryfylke Higher Assessment Appeal Board of 9 March 2005. The issue in the case was whether the taxpayer was entitled to a deduction in income tax for money that was paid for shares that had not been transferred; see the Taxation Act section 6-1 and section 6-2.

Reference: HR-2007-2152-A, case no. 2007/698, civil appeal. 

 

21 December 2007             Review of decision of the Social Security Tribunal. National Insurance Act section 12-5

The case concerns review of a decision of the Social Security Tribunal, which affirmed an administrative decision to reject a claim for invalidity benefits (provisional invalidity benefit or invalidity pension) pursuant to chapter 12 of the National Insurance Act. The main question concerned the extent to which new information or circumstances that came to light at the judicial review that was not available when the case was dealt with by the Social Security Tribunal could be taken into account.

Reference: HR-2007-2151-A, case no. 2007/693, civil appeal. 

 

21 December 2007             Criminal law. Freedom of speech. Derogatory statements. Penal Code section 135a. Article 100 of the Constitution 

The issue in the case was whether statements made about Jews given during an interview with the national daily newspaper Verdens Gang (VG) constituted a breach of the Penal Code section 135a.

Reference: HR-2007-2150-A, case no. 2007/947, criminal appeal. 

 

21 December 2007             Smoking in a “smoking society”. Tobacco Act section 6 

The issue in the case was whether smoking by members in a so-called ”smoking society” in a hotel room on evenings when only members of the society had access to the room constituted a breach of the Tobacco Act section 6, which provides that meeting rooms, working areas and institutions where two or more people are gathered shall be smoking free areas.

Reference: HR-2007-2148-A, case no. 2007/1496, civil appeal. 

 

17 December 2007             Road traffic law. Causing death by dangerous driving. Penal Code section 239 first sentencing alternative and the Road Traffic Act section 31 cf. section 3

The accused was indicted on 2 November 2006 before the Salten District Court for breach of section 239 first sentencing alternative of the Penal Code, for having negligently caused the death of another person with a motor vehicle. The indictment also concerns breach of section 31 cf. section 3 of the Road Traffic Act (driving without due care and attention).

Reference: HR-2007-2121-A, case no. 2007/1620, criminal appeal. 

 

14 December 2007             Compensation following a tender. Public Procurement Act section 5 and regulations made pursuant to the Act

The case concerns a claim for compensation following a tender pursuant to the Public Procurement Act and Regulations passed pursuant to the act. The claim was brought by a tenderer who did not get the contract.

Reference: HR-2007-2114-A, case no. 2007/683, civil appeal. 

 

10 December 2007             Compensation for non-economic loss. The Compensation Act section 3-5 subsection 2

The case concerns a claim for compensation for non-economic loss made by the victim’s parents in connection with a criminal conviction for manslaughter, see the Compensation Act section 3-5 subsection 2.

Reference: HR-2007-2076-A, case no. 2007/734, civil appeal. 

 

10 December 2007             Sentencing. Penal Code section 239, first sentencing alternative

The case concerns sentencing for manslaughter where the victim was run down by a small motor boat while playing in the water.

Reference: HR-2007-2075-A, case no. 2007/321, criminal appeal.

 

10 December 2007             Regress between insurance companies. NS 3431

The case concerns regress between insurance companies. The issue was whether a builder could make a claim directly against a subcontractor for loss caused by errors on the part of the subcontractor. 

Reference: HR-2007-2074-A, case no. 2007/974, civil appeal. 

 

7 December 2007               Contract law. Agency

The issue in the case was whether a bank was entitled to terminate an agency agreement. 

Reference: HR-2007-2063-A, case no. 2007/1358, civil appeal. 

 

7 December 2007    Interpretation of the rule on penalty exemption in section 167 of the Penal Code 

The case concerns interpretation of the rule on penalty exemption in section 167 of the Penal Code. The issue was whether the provision applies to a person who gave false information about his identity in an application for Norwegian citizenship because he was unable to tell the truth without risking punishment for having given false information in a previous application for a residence permit.

Reference: HR-2007-2062-A, case no. 2007/1524, criminal appeal.

 

7 December 2007    Sentencing. Community service. Penal Code section 268 subsection 2, cf. section 267. Penal Code section 28a subsection 1

The case concerns sentencing for aggravated robbery and a number of other offences. The main question was whether it was appropriate to make a community service order.

Reference: HR-2007-2061-A, case no. 2007/1516, criminal appeal. 

 

5 December 2007            Guarantee. Financial Agreements Act section 61. 

The case concerns interpretation and application of the Financial Agreements Act section 61 subsection 1 which, among other things, lays down requirements to the contents of a contract of guarantee.

Reference: HR-2007-02047-A, case no. 2007/281, civil appeal.

 

4 December 2007   Tax assessment. Petroleum Tax Act section 3, cf. section 4. 

The case concerns the validity of the tax assessment of TOTAL E&P Norge AS (Total) for the fiscal year 2001. The issue in the case was whether the company was entitled to claim an allowance for a contractual dealing fee paid to Statoil as purchaser of Total’s share of crude oil, see the Petroleum Tax Act section 3 subsection 1 (a) cf. section 4 on norm price.

Reference: HR-2007-02029-A, case no. 2007/333, civil appeal.

 

29 November 2007             Criminal Procedure. Penal Code section 120. Criminal Procedure Act sections 40 and 343

The issue in the case was whether an acquittal in a criminal case should be quashed on the grounds of procedural error where the grounds for the judgement were insufficient.

Reference: HR-2007-02002-A, case no. 2007/1484, criminal appeal.

 

28 November 2007            Corporate criminal liability. Pollution 

The case concerns corporate criminal liability for breach of the Pollution Control Act section 78, cf. the Penal Code sections 48a and 48b. The principal issue was whether an employee had acted “on behalf of” the company when he acted contrary to oral instructions.

Reference: HR-2007-01998-A, case no. 2007/889, criminal appeal. 

 

28 November 2007             Sentencing. Reduced sentencing due to confession. Penal Code section 59 

The case concerns the extent of the reduction in sentence to be given on account of a confession made by one of the persons convicted in the Finance Credit Case, which is the largest fraud case in Norway’s history.

Reference: HR-2007-01995-A, case no. 2007/760, criminal appeal. 

 

28 November 2007             Compensation. Grounds of liability. Statute of limitations. Indemnity 

A security guard set fire to a building that he was engaged to guard. The issue in the case was whether there were grounds for liability and whether the claim for compensation against the security company where the security guard was employed and the claim for indemnification by the security company’s insurer were statute barred, see the Compensation Act sections 3, 9 and 10 and the Insurance Agreements Act section 8-6, subsection 3.  

Reference: HR-2007-01992-A, case no. 2007/803, civil appeal. 

 

26 November 2007            Insurance law. Motor car liability. Indemnity. Motor insurance ofunregistered vehicles. Motor Car Liability Act section 15, cf. section 13. 

The issue in the case was whether a car dealer was obliged to insure a deregistered car that had been received in part exchange and which was stolen from the dealer’s premises and caused damage, see the Motor Car Liability Act of 3 February 1961 section 15. If the car dealer was obliged to insure, the question then was whether the motor insurance company could seek indemnification from the car dealer, see section 13 of the Act.

Reference: HR-2007-01985-A, case no. 2007/576, civil appeal. 

 

20 November 2007            Allodial law. The Allodial Rights Act 1974 and the Allodial Rights Act 1821. 

The case concerns a claim for redemption of allodial land after a co-ownership was dissolved by compulsory sale. The issue in the case was whether the person redeeming the allodial land had a better allodial priority than the compulsory purchaser.

Reference: HR-2007-01947-A, case no. 2007/486, civil appeal. 

 

20 November 2007   Tax assessment. Tax audit. Duplication and investigation of electronic archives 

The case concerns the validity of an order from the tax authorities to the taxpayer to give access to inspection and duplication for inspection at the tax office of electronically stored archives, see the Tax Assessment Act section 4-10 no. 1 (b). The main issue was whether and to what extent such an order could be made with regard to material on a server that also contained information about other companies.

Reference: HR-2007-01946-A, case no. 2007/979, civil appeal. 

19 November 2007            Release from imprisonment. Reopening of case and quashing of Court of Appeal’s judgement following a judgement of the European Court of Human Rights 

The case concerns the rehearing of the Supreme Court’s judgement in a criminal case following a decision in the Criminal Cases Review Commission, and the question whether the convicted person should be released from imprisonment because the Court of Appeal’s judgement had been quashed.

Reference: HR-2007-01941-A, case no. 2007/1488, criminal appeal.

 

8 November 2007             Extradition. National security. Immigration Act section 30. 

The case concerns the validity of a decision pursuant to section 30 subsection 2 (a) of the Immigration Act, which found that regard to national security justified extradition of the alleged leader of an Islamic fundamentalist group.

Reference: HR-2007-01869-A, case no. 2007/207, civil appeal. 

 

8 November 2007   Road Traffic Act section 31 subsections 1 - 3, cf. section 22. Regulation on loss of right to drive a motor vehicle etc sections 3-2 and 1-4 

The case concerns sentencing and the term of confiscation of a driving license following conviction for drink driving.

Reference: HR-2007-01867-A, case no. 2007/1298, criminal appeal. 

 

7 November 2007             Application of law. Penal Code section 99. 

The case concerns the application of law in a criminal case where the accused had thrown a cream cake at the Minister of Finance. The issue was whether the accused could be convicted of breach of the Penal Code section 99 (attempting to prevent the free exercise of authority by the Council of State).

Reference: HR-20077-01864-A, case no. 2007/872, criminal appeal. 

 

6 November 2007             Physical and mental abuse. Penal Code section 219 subsection 1, second sentencing alternative 

The case concerns sentencing for breach of section 219 of the Penal Code, where a man was convicted of physical and mental abuse of his common law wife. The case also concerns the measure of compensation for non-economic loss.

Reference: HR-2007-01852-A, case no. 2007/1319, criminal appeal. 

 

6 November 2007             Criminal law. Driving a snow scooter in outlying areas. Regulations on use of motor vehicles in outlying areas and frozen waterways section 5 (b) and (c). 

The issue in the case was whether a permit to use a snow scooter pursuant to the Regulation of 15 May 1988 no 365 on use of motor vehicles in outlying areas and frozen waterways section 5 (b) and (c) is personal and implies that the permit holder must drive the snow scooter, or whether another person can legally drive the snow scooter on behalf of the permit holder.

Reference: HR-2007-01851-A, case no. 2007/1086, criminal appeal. 

 

1 November 2007             Confiscation of driving license. Road Traffic Act section 33 no. 1 and Regulation on loss of right to drive a motor vehicle etc section 2-6 and section 1-4. 

The case concerns confiscation of a driving licence following conviction for serious breach of customs regulations, see the Road Traffic Act section 33 no. 1 and the Regulation on loss of right to drive a motor vehicle etc section 2-6 and section 1-4. 

Reference: HR-2007-01836-A, case no. 2007/1206, criminal appeal. 

 

1 November 2007             Construction law. Remuneration for assignment of co-contractor 

The case concerns a claim by the main contractor for remuneration for assignment of a co-contractor. In this context, the assignment implied that the main contractor assumed the full liability and risk of the co-contractor as if the latter where the main contractor’s subcontractor.

Reference: HR-2007-01835-A, case no. 2007/315, civil appeal. 

 

17 October 2007            Sentencing. Military Penal Code section 34.

The case concerns sentencing where a recruit who had enrolled for compulsory military service was absent without leave, see the Military Penal Code section 34 subsection 2, second sentencing alternative.

Reference: HR-2007-01776-A, case no. 2007/909, criminal appeal. 

 

17 October 2007            Sentencing. Bodily harm. Penal Code section 229, third sentencing alternative, cf. section 232. Penal Code section 59 subsection 2. 

The case concerns sentencing following conviction for bodily harm of two random victims where the crime was perpetrated under particularly aggravating circumstances and resulted in considerable injury to body or health.

Reference: HR-2007-01775-A, case no. 2007/691, criminal appeal. 

 

26 October 2007             Compensation. Limitation. Occupational Injury Insurance Act section 15. 

The case concerns limitation of a claim for compensation for future loss of earnings pursuant to the Occupational Injury Insurance Act section 15.

Reference: HR-2007-01805-A, case no. 2007/838, civil appeal. 

 

24 October 2007   Police violence. Penal Code section 48. 

The case concerns an appeal against the application of law following a conviction pursuant to the Penal Code section 228 (assault). During an arrest, a police officer had hit the detainee on the back of his head whilst he lay on the ground. The issue in the case was whether this use of force was justified pursuant to the Penal Code section 48 (self defence). 

Reference: HR-2007-01793-A, case no. 2007/1073, criminal appeal. 

 

17 October 2007   Diving accident. Scope of the penal provisions of the Employment Act (1977) 

The case concerns the scope of application of the penal provisions of the Employment Act in relation to a diving accident. The main issues were whether the business where the diver was engaged could be characterized as a shipping business, which falls outside the scope of application of the Employment Act, and whether the diver was a independent contractor so that he for that reason fell outside the scope of the Act.

Reference: HR-2007-01774-A, case no. 2007/922, criminal appeal. 

 

17 October 2007            Extradition  

The case concerns judicial review of the conditions for extradition of a Croatian citizen to Croatia pursuant to the Act on Extradition of Convicted Persons (the Extradition Act) of 13 June 1975 no. 39 section 17 no. 1, cf. section 10.

Reference: HR-2007-01773-A, case no. 2007/1313, criminal interlocutory appeal. 

 

12 October 2007             Access to documents in criminal proceedings. Criminal Procedure Act sections 264, 216i, 292 and 242. 

The case concerns the right of access to documents in a criminal case other than but related to the one contained in the charge.

Reference:         HR-2007-01746-A, case no. 2007/469, criminal appeal. 

 

12 October 2007            Payment of occupational injury insurance. Diver, pioneer diver, support scheme, deductions, occupational injury. Occupational Injury Insurance Act section 13 subsection 2, Regulation of 21 December 1990 no. 1027 on standardized compensation for claims pursuant to the Occupational Injury Insurance Act. 

The issue in the case was whether a deduction should be made for benefits paid under the support scheme for North Sea Divers from the payment of occupational injury insurance to a diver who had worked for the petroleum industry in the North Sea.

Reference: HR-2007-01745-A, case no. 2007/430, civil appeal. 

 

10 October 2007   Public administration law. Validity of a decision of the Ministry of Finance in a case concerning value added tax 

The case concerns the validity of a decision of the Ministry of Finance in a case concerning value added tax. The issue was whether a Norwegian company that had hired in labour from three British companies was liable to pay V.A.T on the hire payments. This depends on whether the hiring out of labour can be deemed to be a service that can be delivered at a distance. V.A.T is payable by the purchaser of services that can be delivered at a distance from abroad, see Regulation of 15 June 2001 no. 121 on value added tax, which is laid down pursuant to authority in the Value Added Tax Act section 65a.

Reference: HR-2007-01732-A, case no. 2007/2, civil appeal. 

 

10 October 2007             Valuation of shares upon redemption pursuant to the Limited Liability Companies Act section 4-17. 

The case concerns the principles for valuation of shares in a claim for redemption following refusal of consent to transfer shares pursuant to the Limited Liability Companies Act section 4-17 subsection 1 no. 4. Pursuant to subsection 5, the redemption price shall be “the real value of the shares at the time when the claim for redemption was made”. The main issue in the case was whether the shares should be redeemed at a price equivalent to their assumed market value, or at a price equivalent to their proportionate share of the underlying values in the company.

Reference: HR-2007-01731-A, case no. 2007/317, civil appeal. 

 

11 October 2007             Surplus knowledge following communication control. Criminal Procedure Act section 216i. 

The case concerns the power of the court to admit as evidence surplus knowledge from a telephone control when the court decides to convict for a less serious offence than contained in the charge, so that the requirement concerning the seriousness of the offence in section 216i subsection 1 (b) cf. section 216a subsection 1(a) of the Criminal Procedure Act is no longer satisfied. 

Reference: HR-2007-01742-A, case no. 2007/374, criminal appeal. 

 

5 October 2007             Sentencing. Penal Code section 291 subsection 1, cf. subsection 2, Road Traffic Act section 31 subsection 1, cf. section 3. 

The case concerns sentencing and the term of confiscation of a driver’s license following conviction of a person who had intentionally run down another car at speed, cf. Penal Code section 291 subsection 1, cf. subsection 2, and Road Traffic Act section 31 subsection 1, cf. section 3.

Reference: HR-2007-01705-A, case no. 2007/1031, criminal appeal. 

 

 

28 September 2007             Occupational injury compensation. Causation 

The case concerns a claim for occupational injury compensation and whether there was causation between an industrial injury and an incapacitating prolapse of the neck which showed itself almost four years later.

Reference:         HR-2007-01666-A, case no. 2006/1886, civil appeal. 

 

28 September 2007             Sentencing. Penal Code section 153 subsection 1, second sentencing alternative and section 153 subsection 3 

The case concerns sentencing following conviction for the sale of alcohol containing methanol, which caused the death of two people and seriously damaged the health of five others.

Reference: HR-2007-01661-A, case no. 2007/59, criminal appeal. 

 

 

26 September 2007            Compulsory purchase 

The issue before the Supreme Court was whether the decision of the Court of Appeal in reappraisal proceedings to determine the compensation payable following compulsory purchase of land in fulfilment of a regulation plan for the building of a road was based on factual circumstances on which the parties had not had the opportunity to present their views. The case also concerns whether the correct capitalization interest had been applied and whether the grounds for the reappraisal were inadequate.

Reference: HR-2007-01647-A, case no. 2007/480, civil appeal. 

 

25 September 2007            Sentencing. Drug offence. Hashish. Penal Code section 162 subsections 1 and 2

The case concerns sentencing for the illegal importation of 20 kilos of hashish.

Reference: HR-2007-01632-A, case no. 2007/865, criminal appeal. 

 

25 September 2007            Setting aside of judgement due to procedural error. Criminal Procedure Act section 322 no. 1 

The case concerns an order of the Court of Appeal to set aside the judgement of the District Court on the grounds of procedural error, see the Criminal Procedure Act section 322 no. 1. 

Reference: HR-2007-01633-A, case no. 2007/1042), criminal appeal. 

 

21 September 2007            Fishing law. Failure to report. Regulation of 17 March 2005 no. 237 (Reporting Regulation) cf. Regulation of 28 April 1978 no. 20 (Guideline Regulation). 

The issue in the case was whether the failure to report the reloading of fish from a fishing trawler to a cargo boat represented a breach of the Regulation on reporting and control etc of fishing activities in the territorial waters of Svalbard and internal waters. The main issue concerned the scope and extent of the Regulation. The Supreme Court remarked on the legal authority for the Regulation. The accused persons were acquitted.

Reference: HR-2007-01614-A, case no. 2007/648, criminal appeal. 

 

21 September 2007            Intellectual property law. Performance. Copyright Act section 1. 

The issue in the case was whether the performance of the play «Huldra i Kjosfossen», which the publisher Hybris AS (formerly Hybris Film Vertigo AS) had made in 1998 pursuant to an agreement with Flåm Utvikling AS, satisfied the requirements of an intellectual work pursuant to section 1 subsection 2 no. 3 of the Copyright Right, so that the intellectual property rights to the performance belonged to Hybris AS. 

Reference: HR-2007-01613-A, case no. 2007/166, civil appeal. 

 

21 September 2007            Sentencing. Drug offence. Amphetamine. Penal Code section 162 subsections 1, 2 and 5. Protracted proceedings. 

The case concerns sentencing for, among other things, storing 172 grams of amphetamine and sale of 600g of amphetamine. Due to lack of action by his former defence counsel and the prosecution, five years had passed since the accused had filed an appeal against the court of appeal’s judgement to the Supreme Court. The Supreme Court found beyond doubt that there had been a serious violation of the requirement of a “hearing within a reasonable time” in ECHR Art 6 (1) and that the sentence had to be reduced considerably, see ECHR Article 13. The sentence was fixed at two year’s conditional imprisonment. 

Reference: HR-2007-01607-A, case no. 2007/1033, criminal appeal. 

 

21 September 2007            Plenary decision. Ground Lease Act section 37. Constitution Article 105 

The case concerns a claim by a ground tenant that the price upon redemption of a leased plot of land should be fixed at 40 % of the value of the plot at the date of redemption, see the Ground Lease Act section 37 subsection 1, second and third sentence. The main question before the Supreme Court was whether the determination of the redemption price in accordance with the said provisions of the Ground Rent Act gave the landlord full compensation in accordance with Article 105 of the Constitution.

Reference: HR-2007-01595-P, case no. 2007/350, civil appeal. 

 

21 September 2007            Plenary decision. Ground Lease Act section 33. Constitution Articles 97 and 105. 

The issue in the case was whether section 33 of the Ground Lease Act, which entitles the ground tenant to an extension of the lease on the same conditions after the agreed term of the lease has expired, is in violation of Article 97 and/or Article 105 of the Constitution.

Reference: HR-2007-01594-P, case no. 2007/410, civil appeal. 

 

21 September 2007            Plenary decision. Ground Lease Act section 33. Constitution Articles 97 and 105. 

The case concerns section 33 of the Ground Lease Act, which entitles the tenant of ground on which a dwelling or holiday home is built the right to extend the lease “on the same conditions” after the agreed term of the lease has expired. The issue before the Supreme Court was whether the application of this provision was a violation of the prohibition against retroactive  legislation in Article 97 of the Constitution, or Article 105, which provides that the owner of property that is expropriated shall be entitled to “full compensation”. A second question was whether the application of the provision was a breach of Norway’s obligations pursuant to Article 1 of the First Protocol to the ECHR. 

Reference: HR-2007-01593-P, case no. 2007/237, civil appeal. 

 

21 September 2007            Consumer purchase. Mobile telephone 

The issue in the case was whether the time limit for bringing a claim to revoke a contract for the purchase of a mobile telephone was two or five years pursuant to the Consumer Purchase Act section 27 subsection 2, first and second sentence.

Reference: HR-2007-01592-A, case no. 2007/264, civil appeal. 

 

20 September 2007            Sentencing. Murder. Penal Code section 233 subsection 1. 

The case concerns sentencing for two counts of murder. The Supreme Court amended the Court of Appeal’s sentencing judgement and fixed the sentence to 15 years’ imprisonment. 

Reference: HR-2007-01590-A, case no. 2007/960, criminal appeal. 

 

13 September 2007   Drugs. Community service. Penal Code section 162 subsections 1 and 2. 

The issue in the case was whether it was appropriate to impose a community service order following a conviction for the purchase of six kilos of hashish.

Reference: HR-2007-01578-A, case no. 2007/840, criminal appeal. 

 

13 September 2007            Limitation. 

The main issue in the case was the date on which the limitation period for the purchaser’s claim for damages started to run after a bus was damaged by fire at the seller’s workshop as a consequence of a latent defect. The question was whether the limitation period started to run from the date the bus was delivered or from the date of the fire. 

Reference: HR-2007-01576-A, case no. 2006/1968, civil appeal. 

 

10 September 2007            Criminal law. Application of law. Penal Code section 239 first sentencing alternative. Drink driving of a snow scooter. 

The case concerns an appeal against the Court of Appeal’s application of law in an acquittal of a charge pursuant to the Penal Code section 239. The Supreme Court found that the overall threat posed by the criminal act, including the risk of fatalities, was so prominent that there was deemed to have been a breach of the Penal Code section 239. The standard of care applied by the deciding minority of the Court of Appeal was therefore too mild.

Reference: HR-2007-01557-A, case no. 2007/711, criminal appeal. 

 

10 September 2007            European Convention of Human Rights Article 6. Act relating to sea-water fisheries section 11.  

The appeal before the Supreme Court concerns two questions. The first question was whether the presumption of innocence in ECHR Art 6 places requirements on the standard of proof that must be satisfied before a sanction that has the character of a criminal sanction pursuant to that provision is imposed. The second question was whether the confiscation of catch pursuant to section 11 subsection 3 of the Act relating to sea-water fisheries is a criminal sanction in the terms of EMK Article 6.

Reference: HR-2007-01555-A, case no. 2007/11, civil appeal. 

 

6 September 2007            Sentencing. Application of law. Penal Code section 200 subsection 2, first sentence - «sexual act». 

The case concerns the application of law and sentencing following conviction for breach of the Penal Code section 200 subsection 2, first sentence. The main issue in the case before the Supreme Court is what comprises a ”sexual act” in the terms of the Penal Code section 200. 

Reference: HR-2007-01539-A, case no. 2007/612, criminal appeal.  

 

28 August 2007            Appeal against revaluation. Civil Procedure Act section 384 subsection 1. 

The case concerns an appeal against a revaluation of property. The issue was whether the right to contradiction had been violated because the Court of Appeal based its decision on facts on which the parties had not been given the opportunity to express their views.

Reference: HR-2007-01497-A, case no. 2007/463, civil appeal. 

 

27 August 2007                        Refusal of leave to appeal. Civil Procedure Act section 373 subsection 3 no. 1. 

The Supreme Court refused leave to appeal after the European Court of Human Rights had passed judgement in a similar case.

Reference: HR-2007-01489-U, case no. 2007/588, civil appeal. 

 

23 August 2007             Sentencing. Penal Code section 195 subsection 1, first sentencing alternative, section 195 subsection 2 c) and section 197. 

The case concerns sentencing of a man who was convicted of repeated sexual assault of his six year old daughter.

Reference: HR-2007-01477-A, case no. 2007/540, criminal appeal. 

 

23 August 2007            Application of law. Pollution Control Act section 8 subsection 3. 

The case concerns the application of law in a criminal case pursuant to the Pollution Control Act, particularly in relation to the interpretation of section 8 subsection 3 of the Act.

Reference: HR-2007-01476-A, case no. 2007/568, criminal appeal. 

 

23 August 2007   Use of force in connection with an arrest. Penal Code section 228 subsection 1 and section 291 subsections 1 and 2. 

The case concerns criminal proceedings against three policemen for use of force in connection with an arrest, and civil claims brought against the policemen by the arrestee in that connection.

Reference: HR-2007-01474-A, case no. 2007/518, criminal appeal. 

 

23 August 2007            Complaint pursuant to the Criminal Procedure Act section 59a subsection 1 no. 1. 

The main issue in the case was whether a complaint pursuant to section 59a subsection 1 no. 1 of the Criminal Procedure Act against a decision not to prosecute in a criminal case must be made in writing.

Reference: HR-2007-01473-A, case no. 2007/527, criminal appeal. 

  

29 June 2007 NOKAS-judgment. Aggravated robbery resulting in death. Sentencing. Penal Code section 268 subsections 1 and 2, cf. section 267 subsections 1 and 3, cf. section 60a. Penal Code section 39c no. 1. Penal Code section 59.
 

The case concerns sentencing of 12 men convicted of aggravated robbery or aiding and abetting aggravated robbery at the premises of a cash counting service in Stavanger (NOKAS) during which a chief inspector of police was killed. It involves the level of sentence and the weight to be attached to the death of the policeman, to the fact that the robbery was perpetrated by an organised criminal group and that certain confessions were made late in the proceedings. For some of the convicted persons, it also involves whether protective custody should be ordered. Finally, the case also concerns sentencing of one of the convicted persons for aggravated robbery or aiding and abetting aggravated robbery of the Post Office mail centre.

Reference:             HR-2007-01184-A, case no. 2007/517, criminal appeal. 

 

28 June 2007 Contract law. Tenancy Act section 1-1. 

The issue in the case was whether the Tenancy Act, and thereby the limitation on the right to agree to advance payment of rent, applies to an agreement between a mother and daughter whereby the mother made a lump-sum payment to the daughter who used the money to partly finance the purchase of a house in return for a right for the mother to live in the house for the rest of her life.

Reference:             HR-2007-01175-A, case no. 2006/1918, civil appeal. 

 

28 June 2007 Sentencing. Bodily harm. Community service. 

The case concerns sentencing following conviction for bodily harm, see the Penal Code section 229 first sentencing alternative, including the question whether a community service order was an appropriate penalty.

Reference:             HR-2007-01174-A, case no. 2007/487, criminal appeal. 

 

28 June 2007 Sentencing. Bodily harm. Provocation. 

The case concerns sentencing following conviction for bodily harm, see the Penal Code section 229 second sentencing alternative, and in particular the weight to be attached to the victim’s provoking behaviour.

Reference:             HR-2007-01173-A, case no. 2007/226, criminal appeal. 

 

27 June 2007  Sentencing. Grievous embezzlement. Penal Code section 255 cf. section 256. Penal Code section 28a. 

The case concerns sentencing for grievous embezzlement of NOK 182 000 and, in particular, whether a community service order was an appropriate penalty.

Reference:            HR-2007-01166-A, case no. 2007/653, criminal appeal. 

 

27 June 2007  Criminal Procedure. Criminal Procedure Act section 276 subsection 4 first sentence. Criminal Procedure Act section 248 

The case concerns annulment of a conviction following a summary trial on a plea of guilty, partly because the offence in the case carried a maximum sentence of 10 years and was wrongly heard by a deputy judge, and partly because the accused’s confession was not entirely unreserved, see the Criminal Procedure Act section 248. 

Reference:             HR-2007-01165-A, case no. 2007/312, criminal appeal. 

 

26 June 2007  Tax law. Estimation of additional income. Tax Act section 13-1 subsections 1 and 3. 

The case concerns the legality of the tax assessment of Statoil ASA for the income years 2000 and 2001. The issue was whether an interest free loan that the company had granted to its wholly-owned subsidiary, Statoil Angola Block 17 AS, warranted the assessment of additional income for Statoil ASA pursuant to section 13-1 of the Tax Act.

Reference:             HR-2007-01145-A, case no. 2007/85, civil appeal. 

 

26 June 2007  Lottery case. State monopoly gaming machines. EEA law. 

The issue in the case was whether a statutory amendment, which gives Norsk Tipping AS the exclusive right to run slot machines, must be set aside as contrary to Articles 31 and 36 of the EEA Agreement, see Act of 27 November 1992 section 2. Article 31 concerns the right of establishment and Article 31 concerns the freedom to provide services in the EEA.

Reference:             HR-2007-01144-A, case no. 2005/1320, civil appeal; see also the Judgement of the EFTA Court in case E-1/06. 

 

21 June 2007 Tender. Act relating to public procurement section 10 and Regulation on public procurement section 1-2. 

The case concerns a claim for compensation for expectation interest from a tenderer in a tender competition governed by the rules on public procurement and involves, in particular, the implications of the fact that employees at the inviting company had dual roles.

Reference:             HR-2007-01124-A, case no. 2007/154, civil appeal. 

 

19 June 2007  Sentencing. Financial crime. Aggravated receiving of stolen goods. 

The case concerns sentencing for financial crimes and a confiscation order against persons who in good faith had received the proceeds of the crimes as gifts. The predominant offence in sentencing was aggravated receiving of stolen goods, see the Penal Code section 317 subsections 1 and 3 prior to a statutory amendment in 2006.

Reference:             HR-2007-01102-A, case no. 2007/440, criminal appeal. 

 

19 June 2007  Family law. Contact. Children Act section 48 subsection 1, section 42 subsection 1 and section 43 subsection 1. 

The case concerns a father’s claim for contact rights with his 9 year-old daughter with whom he had never lived. The Supreme Court held that he was entitled to contact as claimed.

Reference:             HR-2007-01101-A, case no. 2007/130, civil appeal. 

 

15 June 2007 Sentencing. Drug offence. Nitrazepam tablets. Penal Code section 162

subsections 1 and 3. Criminal Procedure Act section 306. 

The case concerns sentencing for the storage of 268 000 nitrazepam tablets. The Supreme Court expressed its views on the level of sentencing for dealings with nitrazepam, on the danger associated with nitrazepam and commented that weight should not be attached to the strength of the tablets unless the strength deviated substantially from the norm.

Reference:             HR-2007-01073-A, case no. 2007/192, criminal appeal. 

14 June 2007 Sentencing. Drug offence. Hashish. Penal Code section 162 subsections 1 and 2. 

The case concerns sentencing, and in particular the use of community service, where a 41 year-old man with no previous convictions was convicted of having on two occasions transported altogether 4.7 kg of hashish from Oslo to Trondheim.

Reference:             HR-2007-01068-A, case no. 2007/280, criminal appeal. 

 

12 June 2007  Legal authority for search. Self-defence. 

The issue in the case was whether there was statutory authority to carry out a search, see the Police Act section 10 cf. section 8 no. 3 and section 6, and whether the search could be warranted by self-defence if there was no statutory authority for it.

Reference:             HR-2007-01044-A, case no. 2007/267, criminal appeal. 

 

12 June 2007Bankruptcy. Protection against self-incrimination. Sentencing, confiscation, deduction for time held on remand in custody. 

The case concerns a conviction pursuant to the former provisions in section 281 subsection 3, cf. subsection 1 of the Penal Code on wrongful disposal of assets belonging to the estate and section 284 on preferential treatment of creditors. The issues included whether the right to protection against self-incrimination was violated, confiscation of property, sentencing and deduction for time held on remand in custody.

Reference:             HR-2007-01043-A, case no. 2007/259, criminal appeal. 

 

7 June 2007  Social security law. Young disabled persons. Additional pension. 

The case concerns a claim to have future pension points taken into account for persons who are disabled at a young age – guaranteed additional pension - pursuant to the provisions of the National Insurance Act section 3-21.

Reference:             HR-2007-01014-A, case no. 2006/1721, civil appeal. 

 

6 June 2007  Social security law. Additional pension. Young disabled persons. 

The case concerns the conditions that must be fulfilled in order to attain future pension points pursuant to the special rules for young disabled persons in the National Insurance Act section 3-21.

Reference:             HR-2007-01013-A, case no. 2007/501, civil appeal.
 

6 June 2007  Occupational injury. Industrial accident concept. 

The case concerns a claim for damages pursuant to the Occupational Injury Insurance Act. The issue before the Supreme Court was limited to whether the incident in question was deemed to be an industrial accident in the terms of the Occupational Injury Insurance Act section 11 subsection 1(a), cf. the National Insurance Act section 13-3 subsection 2, second sentence – the softer industrial accident concept. 

Reference:             HR-2007-01004-A, case no. 2007/82, civil appeal. 

 

6 June 2007  Insurance Agreements Act section 8-6 subsection 3.
 

The issue in the case was whether the notification rule in the Insurance Agreements Act section 8-6 subsection 3 applies to claims for recourse between insurance companies. 

Reference:             HR-2007-01003-A, case no. 2007/138, civil appeal. 

 

4 June 2007  Unreasonable contract terms. Day penalty. Mitigation. House Building Act. Contract Act section 36. 

The case concerns mitigation of a daily fine for breach of the time-limit for rectification of a defectively installed fireplace, where the work was done by subcontractors in connection with the building of a house.

Reference:             HR-2007-00981-A, case no. 2006/1927, civil appeal.

 

24 May 2007  VAT. Value Added Tax Act section 16 subsection 1 no. 8, cf. subsection 2(a). 

The case concerns the application of the VAT exemption rules to the sale of books in the retail segment of the distribution chain, see the Value Added Tax Act section 16 subsection 1 no. 8, cf. subsection 2(a) and the Regulation of the Ministry of Finance dated 20 December 1969 no. 2. The main issue was the interpretation of the words: “publications which, together with a product of another kind, comprise part of a common product unit” in section 2 no. 9 of the Regulation.

Reference:             HR-2007-00945-A, case no. 2006/1737, civil appeal. 

24 May 2007  Sentencing. Penal Code section 229, first sentencing alternative, cf. section 232, Penal Code section 228 subsection 2, first sentencing alternative, cf. section 232, Penal Code section 182 subsection 1, second sentencing alternative, Road Traffic Act section 31 subsection 1, cf. section 3, Road Traffic Act section 31 subsections 1, 2 and 3, cf. section 22 subsection 1. 

The case primarily concerns sentencing for assault and bodily harm and reckless driving, but also the quantification of compensation for non-economic loss to the victim of the assaults.

Reference: HR-2007-00944-A, case no. 2007/66, criminal appeal. 

 

16 May 2007  Sentencing. Penal Code section 342 subsection 1(c) and subsection 2. 

The case concerns sentencing for repeated breach of an interim exclusion order (injunction) for the protection of the convicted person’s former cohabitee, see the Penal Code section 342 subsection 1(c) and subsection 2.

Reference:             HR-2007-00899-A, case no. 2007/358, criminal appeal. 

 

16 May 2007 Employment law. Contract law. Breach of non-compete clause 

The case concerns an employer’s claim against a former employee for breach of a non-compete clause in the employment contract. The issue was whether there were grounds to claim damages, alternatively a right to the ex-employee’s enrichment. The proceedings before the Supreme Court were limited to the questions that the case raised on the application of law. 

Reference: HR-2007-00898-A, case no. 2006/1906, civil appeal. 

 

16 May 2007  Sentencing. Drug offence. Penal Code section 64, cf. section 62 and Penal Code section 162 subsection 3, cf. subsection 1, cf. subsection 5. 

The case concerns sentencing for the import of approx 9.6 kg amphetamine. The main issues were the relevance of a conviction in Finland for drug offences which was dated after the offence in the present case was perpetrated, and the fact that it had taken a long time for the case to be finally decided.

Reference:             HR-2007-00888-A, case no. 2007/257, criminal appeal. 

 

16 May 2007  Forced dissolution of limited liability company. Limited Liability Companies Act section 16-15 subsection 1 no. 5. 

The case concerns the forced dissolution of a limited liability company, whose registered office was on Svalbard (Spitzbergen), because of the company’s failure to submit its annual accounts to the Norwegian Register of Business Enterprises, see the Limited Liability Companies Act section 16-15 subsection 1 no. 5. The main issue was whether the duty to submit annual accounts pursuant to the Accounts Act section 8-2 also applies to such companies.

Reference:             HR-2007-00887-A, case no. 2006/1831, civil interlocutory appeal. 

 

16 May 2007 Sentencing for arson. Penal Code section 148, first sentencing alternative.

The case concerns sentencing where the predominant offence was arson.

Reference:             HR-2007-00884-A, case no. 2007/359, criminal appeal. 

 

16 May 2007  Protective custody. Penal Code section 192 subsection 1, second sentencing alternative and Penal Code section 192 subsection 1(a) and (b), cf. subsection 2(a). 

The main issue in the case was whether a protective custody order should be made against a 22 year-old man with no previous convictions following conviction for four counts of rape, or whether a time-limited prison sentence should be imposed. It also concerns the principles for the measure of compensation for non-economic loss in a rape case that happened in 1999.

Reference:             HR-2007-00883-A, case no. 2007/238, criminal appeal. 

 

14 May 2007  Corporate penalty. Penal Code section 48a subsection 2. 

The case concerns the imposition of a corporate penalty against a one-man enterprise. The principal issue was whether a corporate penalty can be imposed against a one-man enterprise that has no employees and does not engage any independent contractors. 

Reference:             HR-2007-00866-A, case no. 2006/1887, criminal appeal. 

 

14 May 2007  Inheritance law. Common law marriage. Testamentary disposition. Disposition inter vivos. 

The case concerns the distinction between testamentary dispositions and dispositions inter vivos in connection with an agreement which, among other things, transferred half of a dwelling house to a common law partner. 

Reference: HR-2007-00865-A, case no. 2006/1632, civil appeal. 

 

11 May 2007  Sentencing. Drug offence. Penal Code section 162 subsections 1 and 2. Implementation of Sentences Act section 12. 

The case concerns sentencing in a narcotics case, including whether part of a prison sentence should be suspended on account of the convicted person’s prospects of rehabilitation.

Reference:             HR-2007-00858-A, case no. 2007/324, criminal appeal. 

 

10 May 2007 Sentencing. Aggravated theft. Penal Code section 60a. 

A number of people were convicted of breaking into and stealing money from slot machines and for criminal damage. The issue in the case was whether they could be deemed to be members of an “organised criminal group” pursuant to the Penal Code section 60a. It also concerns sentencing. 

Reference:             HR-2007-00844-A, case no. 2007/73, criminal appeal. 

 

8 May 2007  Application of law. Sentencing. Gross breach of trust. Penal Code section 275 subsections 1 and 2, cf. section 276. Penal Code section 270 subsection 1 no. 1, cf. subsection 2. Penal Code Implementation Act section 12. 

The case concerns the application of law in a case on breach of trust, sentencing for gross breach of trust, fraud, attempted fraud, and the determination of the measure of compensation. 

Reference:             HR-2007-00832-A, case no. 2007/214, criminal appeal. 

 

8 May 2007Social security law. Medical benefits for occupational injury. National Insurance Act sections 5-25 and 5-14. 

The case concerns the validity of a rejection by the National Insurance Court of an application for medical benefits for occupational injury. The issue was whether section 5-25 of the National Insurance Act should be interpreted subject to the limitations in the general rule in section 5-14 on benefits to cover expenses for medicines, or whether it is an independent provision that gives an injured person a general right to benefits to cover necessary expenses for medicines that can alleviate the consequences of the injury.

Reference:             HR-2007-00831-A, case no. 2006/869, civil appeal. 

 

7 May 2007  Damages for non-economic loss. Breach of right of privacy. Compensation Act section 3-6, Penal Code section 390 subsection 1, ECHR Articles 8 and 10. 

The case concerns a claim for compensation for non-economic loss following three reports in the “Se & Hør” weekly magazine which were alleged to violate the right of privacy.

Reference:             HR-2007-00823-A, case no. 2006/1380, civil appeal. 

 

3 May 2007Confiscation. Penal Code section 35 subsection 2. 

The case concerns confiscation of a car that was used in connection with theft, see the Penal Code section 35 subsection 2.

Reference: HR-2007-00800-A, case no. 2007/276, criminal appeal. 

 

3 May 2007 Criminal Procedure. Criminal Procedure Act section 343 subsection 2 no. 8, cf. section 40. 

The issue in the case was whether the grounds of the judgement of the district court prevented the review of an appeal, see the Criminal Procedure Act section 343 subsection 2 no. 8 cf. section 40. 

Reference:             HR-2007-00799-A, case no. 2007/229, criminal appeal. 

 

3 May 2007  Immigration law. Deportation. Reversal of decision. Judicial review. 

The case concerns the validity of a refusal by the Immigration Appeals Board to reverse an earlier deportation order pursuant to the Immigration Act section 30 subsection 2 b, cf. subsection 3, including the question of the court’s power of judicial review. The Supreme Court endorsed the judgement of the Court of Appeal, which upheld the deportation order.

Reference:             HR-2007-00798-A, case no. 2006/1956, civil appeal. 

 

3 May 2007 Sentencing. Drink-driving. Aggravating circumstances related to the convicted person’s driving. 

The case concerns sentencing for breach of the Road Traffic Act section 31 cf. section 22 and section 10. The issue in the case was whether, in addition to a fine, it was sufficient to impose a suspended prison sentence conditional on the convicted person agreeing to participate in a rehabilitation course for drink-drive offenders.

Reference:             HR-2007-00797-A, case no. 2007/150, criminal appeal. 

 

3 May 2007  Road Act section 7. Public authority. Contract. 

The issue in the case was whether a local authority was contractually bound to keep a local authority road open, see the Road Act section 7 subsection 3. 

Reference:             HR-2007-00796-A, case no. 2006/1738, civil appeal. 

 

4 May 2007Impartiality. Courts of Justice Act section 106 nos. 7 and 9, section 108. 

In a pending case on the constitutionality of certain provisions of the Ground Lease Act, which was to be heard by the Supreme Court sitting in plenary, the Court found that 11 justices were incompetent to hear the case on the grounds of impartiality, see the Courts of Justice Act section 106 nos. 7 and 9 and section 108. 

Reference:             HR-2007-00818-P, case nos. 2007/237, 2007/350 and 2007/410, civil appeals. 

 

 

2 May 2007 Community service. Breach of conditions. Penal Code section 28b. 

The case concerns service of the residual term of a subsidiary prison sentence following breach of the conditions for a community service order.

Reference:             HR-2007-00785-A, case no. 2007/182, criminal appeal. 

 

2 May 2007 Assault of train conductor. Penal Code section 127 subsection 1 – “official act”. 

The case concerns conviction pursuant to the Penal Code section 127 for assault of a train conductor and, in particular, interpretation of the term “performance of an official act” in section 127 subsection 1 of the Penal Code.

Reference:             HR-2007-00783-A, case no. 2006/1950, criminal appeal. 

 

2 May 2007  Professional liability of a lawyer. Tax Act 1911 section 43 subsection 2 d, see now Tax Act 1999 section 9-3 subsection 2 b. 

The case concerns a client’s claim for damages against his lawyer who had negligently exceeded a time-limit in a tax case. The issue was whether there was causation between the lawyer’s omission and the loss allegedly suffered by the client because the appeal was filed out of time. The Supreme Court was required to make a provisional ruling on whether it would have come to another conclusion on the substantial issue in the case than the courts in the lower instance if the Supreme Court had heard the appeal on its merits in 2004. 

Reference:             HR-2007-00782-A, case no. 2006/1851, civil appeal. 

 

24 April 2007  Right of way. Land Act 1955 section 20. 

The case concerns a contract granting a right of way. The issue was whether the right of way, which under threat of expropriation was agreed for residential and agricultural user of the property, applied unchanged when the land, after time, was used only for recreational purposes.

Reference:             HR-2007-00751-A, case no. 2006/1634, civil appeal. 

 

24 April 2007  Community service. Penal Code section 268 subsection 1 cf. section 267, Penal Code section 132a subsection 1(a)

The case concerns sentencing following conviction for robbery and threats made against the victim of the robbery with the purpose of stopping him from reporting the offence. The main issue before the Supreme Court was whether a community service order should be imposed.

Reference:            HR-2007-00753-A, case no. 2007/28), criminal appeal.

 

20 April 2007  Road Traffic Act section 31 subsection 1, cf. section 5 subsection 1 cf. subsection 2, Number Plate Regulations section 8.

The case concerns sentencing for a serious speeding offence. The main issue before the Supreme Court was whether an unconditional prison sentence or a community service order should be imposed following conviction for driving at a speed of 134 km/hour in an 80 km/hour zone.

Reference:            HR-2007-00735-A, case no. 2007/227, criminal appeal.

  

20 April 2007  Road Traffic Act section 31 subsection 1, cf. section 5 subsection 1 cf. subsection 2, Number Plate Regulations section 8.

The case concerns sentencing for speeding and, in particular, whether a community service order should be imposed following conviction for driving at a speed of 97 km/hour in a 50 km/hour zone.

Reference:            HR-2007-00734-A, case no. 2007/71, criminal appeal.

 

20 April 2007  Consent to adoption. Child Welfare Act section 4-20.

Reference:            HR-2007-00732-A, case no. 2006/1834), civil appeal.

 

19 April 2007   Redemption of allodial land. Allodial Rights Act section 23 cf. section 1.

The issue in the case was whether a “change of circumstances“ meant that the property could no longer be used as agricultural land, see the Allodial Rights Act section 23 cf. section 1. 

Reference:            HR-2007-00725-A, case no. 2006/1841, civil appeal.

 

29 March 2007  Sentencing. Penal Code section 195 subsection 1, first sentencing alternative

The case concerns sentencing following conviction of a 45-year-old man for one count of sexual intercourse with a girl aged 12 years and 11 months, see the Penal Code section 195 subsection 1, first sentencing alternative.

Reference: HR-2007-00623-A, case no. 2006/1879, criminal appeal.

 

29 March 2007  Duty of care pursuant to the Dogs Act section 28 subsection 1.

The case concerns the requirements of the duty of care pursuant to the criminal provision in section 28 subsection 1, cf. section 4 subsection 3 of the Dogs Act.

Reference: HR-2007-00622-A, case no. 2007/47, criminal appeal.

 

29 March 2007  Application of law. Animal Welfare Act sections 4 and 5a.

The case concerns the Court of Appeal’s application of law in a conviction for breach of sections 4 and 5a of the Animal Welfare Act. More particularly, the case concerns the question of aiding and abetting and who can be deemed to own or have custody of an animal in the terms of the Act. The appellant was acquitted.

Reference: HR-2007-00621-A, case no. 2006/1922, criminal appeal.

 

29 March 2007  Sentencing. Protective custody. Penal Code section 233 subsection 1 cf. section 49.

The case concerns the penalty to be imposed for attempted murder, assault, threats and other offences. The question before the Supreme Court was whether a protective custody order should be imposed.

Reference: HR-2007-00620-A, case no. 2006/1949, criminal appeal.

 

29 March 2007  Criminal procedure. Fine for contempt of court. Right of appeal.

The issue in the case was whether a party who has made a petition for a fine for contempt of court to be imposed on the other party can appeal against a decision of the court to dismiss the petition. The interlocutory appeal was dismissed.

Reference: HR-2007-00619-A, case no. 2006/1837, criminal interlocutory appeal.

 

28 March 2007  Reappraisal. Compensation. Magnetic field. Neighbouring Properties Act section 2.

The case concerns the application of law and procedure in a reappraisal concerning the compensation due to landowners on whose land there was built a high-voltage transmission installation. The main issue in the case was whether a magnetic field of 0.4 microtesla or more in a private dwelling exceeds the tolerance level in section 2 of the Neighbouring Properties Act. The reappraisal was quashed in so far as it was appealed and remitted back to the Court of Appeal for continued hearing.

Reference: HR-2007-00607-A, case no. 2006/1279, civil appeal.

 

21 March 2007  Defiance of the legal system. Penal Code section 132a.

The appeal concerns the application of law and sentencing in a case concerning breach of section 132a of the Penal Code on defiance of the legal system.

Reference: HR-2007-00562-A, case no. 2006/1377, criminal appeal.

 

20 March 2007  Combined sentence. Implementation of Sentences Act section 45.

The case concerns the imposition of a combined sentence in circumstances where the convicted person had been released from prison on parole and, in breach of the conditions for the parole, had committed new criminal offences in the parole period, see the Implementation of Sentences Act section 45 and the Penal Code section 28 b.

Reference: HR-2007-00537-A, case no. 2006/1913, criminal appeal.

 

19 March 2007  Compensation. Exclusion of liability. The Pollution Act 1981 section 24a.

The case concerns a claim for compensation pursuant to the Pollution Act section 24a after a flow-back of sewage in a public drain caused flooding. The main issue was whether an exclusion of liability clause in the terms for connection to the public water and sewage system absolved the local authority of any liability.

Reference: HR-2007-00522-A, case no. 2006/1335, civil appeal.

 

19 March 2007  Compensation for loss of winnings

The case concerns a claim for compensation for winnings that a player did not get when he was prevented from placing a bet because the betting vouchers were wrongly marked.

Reference: HR-2007-00521-A, case no. 2006/1381, civil appeal.

 

16 March 2007 Act relating to alternative medicine etc section 9.

The case concerns an appeal by the prosecution against the application of law and procedure after the accused was acquitted for breach of the Act relating to alternative medicine section 9 subsection 1 cf. sections 6 and 7. The issue before the Supreme Court was whether the indictment was brought by the proper prosecuting authority and the implications of an error in this regard.

Reference: HR-2007-00519-A, case no. 2006/1824, criminal appeal.

 

16 March 2007 Children Act section 48.

Reference: HR-2007-00518-A, case no. 2006/1669, civil appeal.

 

16 March 2007  Sentencing. Child pornography.

The case concerns sentencing for the possession of child pornography, see the Penal Code section 204 subsection 1 (d) as it applied prior to a statutory amendment of 20 May 2005 no 29, and for sexual assault of a child below 16 years of age, see the Penal Code section 201 (c).

Reference: HR-2007-00516-A, case no. 2006/1805, criminal appeal.

 

14 March 2007  Injunction. Television program about police methods of investigation.

The issue in the case was whether an injunction that prohibited the broadcasting of a television program about methods of investigation used by the police was in breach of Article 100 of the Constitution or violated Article 10 of the European Convention on Human Rights.

Reference: HR-2007-00506-A, case no. 2006/1694, civil interlocutory appeal.

 

14 March 2007  Sentencing. Amphetamine. Penal Code sections 162 and 60a.

The case concerns sentencing in a case where the predominant offence was the organised import and sale of a very large quantity of amphetamine, see the Penal Code section 162 subsection 3 first sentence combined with section 60a.

Reference: HR-2007-00498-A, case no. 2006/1698, criminal appeal.

 

13 March 2007  Limitation. The Limitation Act section 3.

The cases concerns limitation of a claim for compensation for breach of contract in connection with the delivery of steel cables, see the Limitation Act section 3.

Reference: HR-2007-00494-A, case no. 2006/1584, civil appeal.

 13 March 2007  The Ground Lease Act 1996 section 6.

The issue in the case was whether a payment made in connection with the acquisition of right to a ground lease was in violation of the prohibition against requiring payment of a subsidy as a condition for a ground lease in section 6 of the Ground Lease Act.

Reference: HR-2007-00493-A, case no. 2006/1686, civil appeal.

 

8 March 2007  Tax law. Taxation Act 1911 section 44 subsection 1 and the Taxation Act 1999 section section 6-1 (1). Company Taxation Act 1991 section 3-2 no. 2 and Taxation Act 1999 section 10-11 (2). Tax Assessment Act section 10-2.

The case concerns the validity of the tax assessment of the power company Lyse Energi AS for the fiscal years 1999 and 2000. The main question was whether the company was entitled to tax deductions for four payments to shareholders – the local authorities that owned the company – totalling approximately NOK 249 million in 1999 and NOK 266 million in 2000.

Reference: HR-2007-00470-A, case no. 2006/1077, civil appeal.

 

3 March 2007  Sentencing. Rape. Penal Code section 192 subsection 1 (a), cf. subsections 2(a) and 3(c).

The case concerns sentencing following conviction for rape.

Reference: HR-2007-00455-A, case no. 2006/1842, criminal appeal.

 

1 March 2007  Deduction from sentence. Alternative to remand in custody

The issue in the case was whether an alternative to remand in custody was deemed to be ”custody pending trial” which entitled the convicted person to have the period deducted from the sentence pursuant to the Penal Code section 60.

Reference: HR-2007-00422-A, case no. 2006/1625, criminal appeal.

 

1 March 2007  Sentencing. Drug offence. Admission. Penal Code section 162 subsections 1 and 2, cf. subsection 5

The case concerns sentencing following conviction for dealings with 1.5 kg amphetamine, including the reduction of sentence to be granted on account of the convicted person’s admission, see the Penal Code section 59 subsection 2.

Reference: HR-2007-00420-A, case no. 2006/1700, criminal appeal.

 

27 February 2007  Employer’s contribution. Payments in kind. Expenses. Government regulation on advance tax deduction for reimbursement of expenses

The case concerns liability for employer’s contribution on certain payments in kind and reimbursement of expenses paid out by a Norwegian company to employees serving abroad.

Reference: HR-2007-00397-A, case no. 2006/1032, civil appeal.

 

26 February 2007  Compensation. Compulsory purchase.

The case concerns the determination of compensation to be paid following compulsory purchase of land in connection with the implementation of a development plan. The issue in the case was whether the compensation for a quay area with structures and two warehouses, which were owned by the parent company in a concern but used in connection with industrial production undertaken by a wholly-owned subsidiary of the parent, should be fixed on the basis of the replacement value.

Reference: HR-2007-00388-A, case no. 2006/1256, civil appeal.

 

26 February 2007  Validity of development plan

The case concerns the validity of a development plan where a property along a beach was regulated as a recreation area pursuant to the Plan and Building Act section 25 no. 4.

Reference: HR-2007-00387-A, case no. 2006/1350, civil appeal.

 

21 February 2007  Sentencing. Insider trading.

The case concerns sentencing following conviction for insider trading, see section 14-3, cf. section 2- of the Securities Trading Act.

Reference: HR-2007-00363-A, case no. 2006/1600, criminal appeal.

 

15 February 2007  Criminal case. Drug offence

The case concerns the legality of a provocation by the police in a narcotics case.

Reference: HR-2007-00328-A, case no. 2006/1699, criminal appeal.

 

15 February 2007  Sentencing for drink-driving. Road Traffic Act section 31, subsections 1 to 3, cf. section 22 subsection 1

The case concerns sentencing following conviction for drink-driving where the driver was under 18 when the offence was committed.

Reference: HR-2007-00327-A, case no. 2006/1729, criminal appeal.

 

15 February 2007  Validity of reversal of dispensation from local development plan, see the Planning and Building Act

A local authority had granted a dispensation from a development plan pursuant to section 7 of the Planning and Building Act. The county administrator reversed the dispensation. The case concerns the validity of the decision to reverse the dispensation and gives rise to questions concerning the power of the courts to exercise judicial review over such dispensation decisions.

Reference: HR-2007-00326-A, case no. 2006/1362, civil appeal.

 

15 February 2007  Establishment of limitation fund following a shipwreck

The case concerns a petition for the establishment of a limitation fund following the shipwreck of the cargo ship MS Rocknes. The issue in the case was whether the amount in the fund should be determined pursuant to the Maritime Act Chapter 9 Part III, cf. the London Convention on Limitation of Liability for Maritime Claims 1976 or pursuant to the Maritime Act Chapter 9 Part II, cf. the 1996 Protocol to the London Convention.

Reference: HR-2007-00325-A, case no. 2006/1449, civil interlocutory appeal.

 

15 February 2007 Social Services Act section 10-3.

The county administrator had made a decision pursuant to the Social Services Act section 10-3 that determined which local authority was financially responsible for the nursing costs of a severely handicapped person. The issue in the case was whether the courts have power to review the county administrator’s decision and whether the court order dismissing the claim constituted a bar to new proceedings for review of the same administrative decision.

Reference: HR-2007-00324-A, case no. 2006/1278, civil appeal.

 

15 February 2007  Claim by estate in bankruptcy against its auditor. Limitation. Limited Liability Companies Act sections 2-18 and 2-19.

The case concerns a claim pursuant to section 2-19 of the Limited Liability Companies Act which was brought by the estate in bankruptcy against the auditor of the bankrupt company, including the question of limitation.

Reference: HR-2007-00318-A, case no. 2006/1329, civil appeal.

 

13 February 2007  Tax assessment. Employment income for principal shareholder. Anti-avoidance rules. Taxation Act 1911 section 58.

The case concerns the validity of the tax assessment of the limited liability company Hex AS for the fiscal years 1998 and 1999 and the tax assessment of the limited liability company Civil Engineer Erling Bjartnes AS for the fiscal year 1999. 64 % of the shares in Hex AS were held by Mr Geir Edvardsen and 36% by Mr Erling Bjartnes, whilst 64 % of the shares in Civil Engineer Erling Bjartnes AS were held by Erling Bjartnes and 36% by Geir Edvardsen. The issue in the case was whether this cross-ownership justified the application of the anti-avoidance rules when determining the employment income of the principal shareholders in the two companies.

Reference: HR-2007-00309-A, case no. 2006/1250, civil appeal.

 

12 February 2007  Protective custody. Penal Code section 39 c no. 1.

The appellant was convicted of murder and two attempted murders. The issue before the Supreme Court was whether a protective custody order should be made or whether a fixed term of imprisonment would be sufficient to protect the public in this case.

Reference: HR-2007-00297-A, case no. 2006/1514, criminal appeal.

 

12 February 2007  Protective custody. Penal Code section 39 c no. 1.

The issue in the case was whether a protective custody order should be made pursuant to the Penal Code section 39 c no. 1.

Reference: HR-2007-00296-A, case no. 2006/1517, criminal appeal.

 

12 February 2007  Validity of termination of agreement on operation subsidy. Public Administration Act sections 17 and 35.

The case concerns the validity of termination by A local authority had terminated certain agreements with physiotherapists in private specialist practices which entitled them to an operation subsidy pursuant to the Municipal Health Services Act. The termination reduced the operating subsidies from 100 percent to 20 percent. The case concerns the validity of the termination and claims for compensation.

Reference: HR-2007-00295-A, case no. 2006/451, civil appeal.

 

12 February 2007  Compensation following industrial injury. Industrial Injury Insurance Act section 11.

The case concerns a claim for compensation following an industrial accident where an electrician fell from a lift and subsequently developed paranoid schizophrenia. The issue in the case was whether there was foreseeable causal causation between the accident and the mental disorder.

Reference: HR-2007-00294-A, case no. 2006/1113, civil appeal.

 

12 February 2007  Compensation. Mental injury. Car accident

The case contains a claim for compensation for mental injury following a car accident. The issue was whether there was a foreseeable causal connection between the accident and the injury.

Reference: HR-2007-00293-A, case no. 2006/847, civil appeal.

 

8 February 2007  Property tax. Valuation principles

The case concerned the valuation principle to be applied in determining the property tax applicable to the disembarkation plant owned by Luossavaara-Kiirunavaara AB in Narvik in the North of Norway.

Reference: HR-2007-00271-A, case no. 2006/790, civil appeal.

 

5 February 2007    Value added tax. Joint registration. Value Added Tax Act section 12. EEA Agreement art. 31 and 36, cf. art. 4

The case concerns the validity of a decision of the Directorate of Taxes which disallowed joint registration in the VAT-register.

Reference: HR-2007-00257-A, case no. 2006/1317, civil appeal.

 

5 February 2007    Labour law. Temporary Employment

The issue in the case was whether a temporarily employed worker had a right to claim permanent employment. The employer had failed to comply with the requirement in section 55B of the Employment Act of 1977 (now section 14-5 of the Employment Act 2005) that the employment contract shall be in writing. The question before the Supreme Court was whether the consequence of this was that there shall be deemed to be an ordinary continuing employment relationship. If the requirement that the employment contract shall be in writing is only a rule of conduct, the question in the alternative was what is required in order that the employment shall be deemed to be temporary.

Reference: HR-2007-00255-A, case no. 2006/1174, civil appeal.

 

1 February 2007    Right of access to private land. The Outdoor Recreation Act sections 7, 8 and 9

The case concerns the exercise of the right of access over a number of small islands in the Mefjord inlet off the coast of Sandefjord in the South of Norway. The main issue in the case was how far the right of the general public to stay, bathe and moor pleasure boats on the islands reaches as against the rights of landowners who also own adjoining holiday homes on the mainland.

Reference: HR-2007-00238-A, case no. 2006/1170, civil appeal.

 

25 January 2007    The Valuation Act section 28 and its application to the valuation of fire damage. Grounds for valuation. Impartiality

The case concerns the validity of a valuation and supplementary valuation of fire damage, including the question whether the requirements relating to grounds for the valuation and impartiality were satisfied.

Reference: HR-2007-00204-A, case no. 2006/665, civil appeal.

 

18 January 2007 Sentencing. Penal Code section 56 (c) and section 59 subsection 2 

 The case concerns sentencing of a mildly mentally handicapped 41-year-old man following conviction for one count of sexual assault equivalent to sexual intercourse with a girl aged 13 years and 11 months. The issue in the case was whether the sentence should be fixed at below the minimum sentence of two years’ imprisonment, see the Penal Code section 56 (c) and section 59 subsection 2.

Reference:            HR-2007-00130-A, case no. 2006/1747 criminal appeal. 

 

15 January 2007 Penal Code section 127. «Public servant»  

 The issue in the case was whether a medical practitioner who worked at an intermunicipal casualty clinic was deemed to be a public servant in the terms of the Penal Codes section 127.

Reference:            HR-2007-00086-A, case no. 2006/1707, criminal appeal. 

 

15 January 2007 Presumption of innocence. ECHR Article 6(2) 

The case concerns the presumption of innocence in Article 6(2) of the European Convention on Human Rights. The first main question was whether the presumption had been violated when the court found the accused not guilty of rape of a child under 16 years of age but thereafter attached weight to the fact that the sexual intercourse had been rape when it discussed the rule on impunity from sanction in section 196 of the Penal Code (sexual assault including intercourse). The second main question was whether the court of appeal had formulated the grounds for the award of compensation for non-economic loss to the victim in such a way that it cast doubt on the accused’s criminal innocence.

Reference:            HR-2007-00085-A, case no. 2006/1624, criminal appeal. 

 

12 January 2007 Sentencing. Bodily harm. 

The case concerns sentencing for breach of the Penal Code section 229 first sentencing alternative (occasioning bodily harm). A particular issue in the case was whether the court of appeal, after the jury had answered no to the additional question of whether the bodily harm had caused illness or inability to work lasting more than two weeks, could have regard to such consequences when passing sentence.

Reference:            HR-2007-00075-A, case no. 2006/1696, criminal appeal. 

 

9 January 2007 Criminal law. Perjury. The term ”public authority” in the Penal Code section 166 subsection 1. Sentencing. 

The issue in the case was whether the College of Higher Education in Stavanger, now the University of Stavanger (UIS), shall be deemed to be a ”public authority” in the terms of the Penal Code section 166 subsection 1 on perjury when it makes decisions on student admissions. The case also concerns sentencing following conviction for perjury.

Reference:            HR-2007-00045-A, case no. 2006/1687, criminal appeal. 

 

9 January 2007 Civil procedure. Prosessing of case 

The issue in the case was whether the court of appeal had committed a procedural error when it allowed the prosecution to present a note containing information about four reports to the police about matters that were similar to the matter for which the accused was now indicted, but where no charges had been brought or the charges had been dropped. 

Reference:            HR-2007-00044-A, case no. 2006/1764, criminal appeal. 

 

8 January 2007 Interpretation of a will. 

The case concerns interpretation of a will.

Reference:            HR-2007-00038-A, case no. 2006/1247, civil appeal. 

 

4 January 2007 Sentencing. Speeding. Road Traffic Act section 33, section 31 and section 5.

The case concerns sentencing following conviction for speeding. The main issue was whether the court should rely on the registered result of a speed test carried out using a laser speed detector.

 

3 January 2007 Sentencing. Falsified passport. Penal Code section 182 subsection 1, second sentencing alternative 

The case concerns sentencing following conviction for having used a falsified Iranian passport, see the Penal Code section 182.

Reference:            HR-2007-00009-A, case no. 2006/1585, criminal appeal. 

 

2 January 2007    Social security law. Civil procedure. Dismissal of legal action 

The case concerns dismissal of a legal action pursuant to the Social Security Tribunal Appeals ct section 23 concerning the validity of the decisions of the Social Security Tribunal. The order of the court of appeal was quashed and the case was referred back to the court of appeal for a retrial.

Reference:            HR-2007-00002-A, case no. 2006/832, civil interlocutory appeal.