Lund Elmer Sandager contributes to Lexology Panoramic 2024: Complex Commercial Litigation

Lexology Panoramic provides a comprehensive comparison of legal practices across various jurisdictions, offering insights into the legislative and regulatory framework governing commercial litigation.    

Partner Morten Schwartz Nielsen and Attorney Kasper S. R. Andersen present a thorough overview of the Danish commercial litigation landscape. Their contribution addresses how evidence is handled in court, the duration of proceedings, tactical advantages that parties may seek, and the impact of technology on litigation. 

Key highlights of the Danish chapter  

• Evidence handling: All forms of evidence hold equal weight; however, it is up to the court to assess the significance of each piece. Cross-examination of witnesses is permitted, allowing for rigorous testing of evidence. 

• Proceedings duration: Typically, commercial litigation proceedings last between 8 and 18 months in Denmark, influenced by case complexity and the number of parties involved. Expedited processes are generally unavailable, though parties may request a transfer to a less burdened court. 

• Tactical advantages: Parties can seek preliminary rulings or partial judgments at the court's discretion, which may enhance their strategic positioning in litigation. 

• Technological advancements: The legal process has increasingly moved to digital platforms, necessitating compliance with stringent document submission requirements, including Optical Character Recognition (OCR). This ensures efficient access to evidence for all parties involved. 

• Recent legal updates: Amendments to the Administration of Justice Act have raised the monetary limit for appealing civil cases without prior permission from DKK 20,000 to DKK 50,000. Additionally, the threshold for the simplified procedure has increased to DKK 100,000, streamlining small claims litigation. 

Read the Danish chapter here (Accessible for 30 days only).

If you have any questions to the Danish chapter or to commercial litigation in Denmark, feel free to reach out to Morten Schwartz Nielsen or Kasper S. R. Andersen.