Dispute resolution—Denmark—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Dispute resolution—Denmark—Q&A guide
  • 1. What is the structure of the civil court system?
  • 2. What is the role of the judge and the jury in civil proceedings?
  • 3. What are the time limits for bringing civil claims?
  • 4. Are there any pre-action considerations the parties should take into account?
  • 5. How are civil proceedings commenced? How and when are the parties to the proceedings notified of their commencement? Do the courts have the capacity to handle their caseload?
  • 6. What is the typical procedure and timetable for a civil claim?
  • 7. Can the parties control the procedure and the timetable?
  • 8. Is there a duty to preserve documents and other evidence pending trial? Must parties share relevant documents (including those unhelpful to their case)?
  • 9. Are any documents privileged? Would advice from an in-house lawyer (whether local or foreign) also be privileged?
  • More...

Dispute resolution—Denmark—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to dispute resolution in Denmark published as part of the Lexology Getting the Deal Through series by Law Business Research (published: June 2021).

Authors: Lund Elmer Sandager—Christian Thuelund Jensen; Morten Schwartz Nielsen

1. What is the structure of the civil court system?

The Danish courts are composed of the Supreme Court, two High Courts, the Maritime and Commercial Court, the Land Registration Court, 24 district courts, the Appeals Permission Board, the Special Court of Indictment and Revision, the Danish Judicial Appointments Council and the Danish Court Administration.

The courts are governed by the Danish Administration of Justice Act. They do not have specialised subject matters. The district courts, High Courts and the Supreme Court handle all types of cases, but certain cases may be handled by a department within the courts that has specific knowledge of that type of case. Furthermore, it is possible in a first instance case that the court may decide that the court, at the main hearing, must be acceded by two expert lay judges, whose expertise is deemed to be of importance to the case. Certain requirements must be fulfilled.

The High Courts and district courts

As a main rule, cases commence in the district courts, which are each situated in their judicial district in Denmark. On very few occasions, cases may start in one

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