Small Claims Procedures in the Scandinavian Countries

Abstract

AbstractAll the Scandinavian countries have some form of special proceedings for small claims. Still, there has not been formal cooperation between the countries. This means that Sweden, Denmark and Norway have quite different approaches to some procedural questions concerning small claims. The goal of this article is to analyse whether the implementation of small claims procedures has had any effect on the Scandinavian civil procedure. There is no doubt that the introduction of small claims procedures has a direct effect purely by being an addition to the ordinary proceedings. The question of more interest here is whether the implementation has some indirect effects on the Scandinavian way of approaching procedural questions. Mainly, the article will focus on the effect of the rules limiting the possibility of obtaining cost reimbursement from the losing party in small claims cases. For example, there is an assumption that the mentioned cost limitations will increase the number of self-represented parties. More self-represented parties demand more of the judge, for example when it comes to giving guidance.