On June 4, 2024, the Danish Parliament passed a new bill containing a number of amendments to the Administration of Justice Act, the overall purpose of which is to alleviate the long case processing times at the courts. The law came into force on June 15, 2024, and this article highlights the detailed changes, which, among other things, aim to create stability in the courts' finances, courtroom capacity and to strengthen IT support for court proceedings.
Small claims process - The simplified process
Chapter 39 of the Code of Civil Procedure allows for a simplified court procedure for claims of a certain value. After the law comes into force on June 15, 2024, the name of the small claims process will change to "The simplified process". In addition to this formal change, the requirements for when a case can be heard under the simplified process will also change.
Previously, the case process was applied to claims with a maximum financial value of DKK 50,000, but the threshold has now been changed to DKK 100,000. However, cases below the threshold can still be processed according to the general rules if there are grounds for it.
Previously, it was a condition that the subject matter had to either concern:
- particularly complex or legal issues or
2. be of particular importance to a party beyond the claim.
With the amendment, the wording of the first condition has now been changed to a requirement that the case must concern: "complex questions of fact or law", thereby abolishing the requirement of "particular".
Mediation
Mediation involves the court appointing a mediator during the preparation of the case to assist the parties in settlement negotiations in order to resolve the dispute by means other than a court decision.
Until now, it has been possible to request mediation from the court in accordance with sections 272-279 of the Administration of Justice Act, as the court has been able to refuse to grant a request for mediation if the court, based on a specific assessment, did not find the case suitable for mediation.
The amendment adds a new provision - section 355a of the Danish Administration of Justice Act - which allows the court ex officio - i.e. on its own initiative - to suggest that the parties seek to resolve the case through mediation.
In the future, discussions about mediation will therefore not only take place at the request of the parties, as the court can also make proposals on its own initiative.
The purpose of adding section 355 a to the Danish Administration of Justice Act is thus to promote the use of mediation.
The end of the preparation
The preparation of a civil case is the process of organizing and preparing the case to be heard in court. It is at this stage of the proceedings that the parties make their claims, plead their arguments and present evidence.
Before the amendment came into force on June 15, 2024, preparation ended 4 weeks before the main hearing, but the deadline has now changed to 8 weeks. The aim is to avoid rescheduling of trials and ensure that cases are finalized and completed at the scheduled times.
Appeals
Before June 15, 2024, an appeal from the District Court to the High Court required permission from the Procedural Grants Board if the case had a financial value of DKK 20,000 or less.
This limit has now been raised to DKK 50,000. This also applies to appeals of decisions on legal costs to the High Court without the permission of the Legal Aid Board, fees to appointed lawyers, attachments, etc.
