Compensation for permanent injury of NOK 450 000 to victim of sexual abuse

Supreme Court judgment 22 September 2022, HR-2022-1820-A, (case no. 22-013570SIV-HRET), civil case, appeal against judgment. 

A (Counsel Flemming Marius Karlsen) v. B (Counsel Inger Marie Sunde)

When stipulating the compensation for permanent injury sustained from sexual abuse in 2004, the Supreme Court, with reference to case law, found that the comparative amount – the capital value of the instalments under Regulations on compensation for permanent occupational injury – should be stipulated as at the time of the injury based on the basic amount in the National Insurance Scheme at the time of the judgment. The capitalisation interest was set at 4 percent. The new Regulations on capitalisation interest rate, effective from 1 October 2022, was not applicable. A small supplement was added to the comparative amount, on the grounds that the injured person's level of medical disability was close to a higher category. The compensation for permanent injury was stipulated to NOK 450 000.  

Read the whole judgment (Norwegian only)

Area of law: Compensation for permanent injury. Section 3-2 of the Compensatory Damages Act. 

Key paragraphs: 24–26, 33, 50, 56

Justices: Webster, Noer, Arntzen, Falch, Thyness