Not higher fees to advocate with dyslexia
Supreme Court ruling 10 February 2022, HR-2022-350-A, (case no. 21-125186SIV-HRET), civil case, appeal against order.
Advocate A (Counsel Bendik Falch-Koslung) v. The State represented by the Ministry of Justice and Public Security (The Office of the Attorney General represented by Håkon Christian Nyhus)
Justices: Webster, Falkanger, Bull, Bergsjø, Thyness
An advocate claimed that his dyslexia had to be taken into account when stipulating his fees in a criminal case, specifically when assessing what is reasonable and necessary time spent in the individual case, see section 7 of the Legal Fees Regulations. The Supreme Court, having conducted an oral hearing, found that there was no basis for considering the advocate's individual circumstances in the interpretation of section 7 of the Legal Fees Regulations. The Supreme Court also found that the court is to determine the fee based on the scope and complexity of the case, on the presumed time spent by a generally skilled advocate in the relevant field of law. A possible indirect differential treatment when stipulating the fees of persons with disabilities will nonetheless be lawful, see section 9 of the Equality and Anti-Discrimination Act. The appeal against the Court of Appeal's order was dismissed.