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Active case management during case preparation in civil cases – a European perspective

The subject of the project is active case management during case preparation in civil cases.

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About the project

Section 1-1 of the Dispute Act establishes the Act’s purpose. It states that the Act shall provide a basis for hearing civil disputes in a fair, swift, efficient and trustworthy manner. The courts’ case management is an important tool in accomplishing this purpose, but weighing the different considerations is challenging.

In this project, I will perform an overall analysis of the regulations governing case management during case preparation.

  • Do the existing means and limitations provide the appropriate basis for a fair, swift and efficient hearing of disputes?
  • Should changes be made to the regulations so that active case management may fulfil the purpose of the Dispute Act to a greater extent?

Presently, the gap between the ideal and breach seems so wide that it begs the question of whether the regulations provide the appropriate tools for accomplishing the goal. On the other hand, regulations that are too precise may lead to a lack of nuances and adoptions needed in each individual case.

Norwegian regulations will also be illuminated from a European perspective. Have other countries found better solutions for the regulatory requirements that apply to active case management?

The project focuses on the district court’s case preparation, as this phase sets the stage for the remainder of the case proceedings.

Objectives

The project’s objective is to identify and evaluate the existing methods and limitations applicable to case management during the district court’s case preparation, including the identification of possible changes. How may the regulations be formulated to function as a management tool for different situations, while ensuring an appropriate balance between the various considerations that must be attended to?

Financing

The University of Oslo.

The dissertation will be presented in the spring of 2024.

 

Published Apr. 30, 2020 10:16 AM - Last modified Apr. 30, 2020 10:16 AM

Participants

  • Silje Gjølberg Finnanger
Detailed list of participants