Supreme Court justice was not disqualified due to statements made in a legal textbook
Supreme Court order 11 October 2022, HR-2022-1959-A, (case no. 22-050894SIV-HRET), civil case, appeal against judgment.
DLA Piper Norway DA (Counsel Sven Eriksrud), Zurich Insurance Plc, Norway Branch (Counsel John Gjermund Flatabø) v. Aurstad Maskinutleige AS (Counsel Hallgrim Fagervold)
One of the justices in a case in the Supreme Court had, in a legal textbook, taken a stand on central legal issues raised by the case. The Supreme Court concluded that this did not disqualify the justice under section 108 of the Courts of Justice Act, and that there was therefore no basis for reopening the case. It was assumed that disqualification on the basis of professional statements will normally only occur if the statements may reasonably be perceived as final and aimed at the specific case. This condition was not met. The request to reopen the case had also not been made within the time limit in section 31-5 subsection 2 of the Dispute Act.
Read the whole order (Norwegian only)
Areas of law: Civil procedure. Qualification. Section 108 of the Courts of Justice Act
Key paragraph: 55
Justices: Indreberg, Falkanger, Bergh, Østensen Berglund, Thyness