Compensation for non-economic loss to survivors after homicide was increased in accordance with the basic amount in the National Insurance scheme

Supreme Court judment 13 December 2023, HR-2023-2361-A, (case no. 23-071559SIV-HRET), civil case, appeal against judgment. 

A (Counsel John Christian Elden) v. B, C, D (Counsel Bjarte Aarlie)

The Court of Appeal had calculated the compensation for non-economic loss to each of the survivors after intentional homicide to NOK 280,000. The Supreme Court noted that for other types of cases, such as rape involving sexual intercourse and grossly negligent homicide, standard compensation has been stipulated in accordance with the basic amount in the National Insurance scheme and stated that the time had come to adjust the standard compensation awarded to survivors of intentional homicide in the same way. It was pointed out that the standard compensation after the last upward adjustment in 2010 amounted to slightly more than 2.5 times the basic amount, and that the Court of Appeal's calculation was consistent with this factor. For procedural reasons, it was not appropriate to go beyond the amount determined by the Court of Appeal. The convicted person’s appeal against the Court of Appeal's calculation of compensation for non-economic loss was dismissed.

Area of law: Tort law, criminal procedure law

Key paragraphs: 28, 30, 35 og 45.

Justices: Matheson, Bull, Steinsvik, Sæther, Hellerslia