rättegångskostnadsersättning

Rättegångskostnadsersättning, often translated as litigation cost reimbursement or legal cost recovery, is a principle within Swedish civil procedure that aims to ensure that the losing party in a lawsuit typically bears the reasonable costs incurred by the winning party. This system is designed to discourage frivolous lawsuits and to provide a measure of financial protection for those who successfully defend themselves or pursue valid claims.

The concept is rooted in the idea that the party that unnecessarily forces another party into litigation, or is proven wrong in court, should compensate the victor for the expenses they incurred in defending their rights or establishing their case. These costs can include legal fees for attorneys, expert witness fees, court fees, and other necessary expenses directly related to the proceedings.

The determination of rättegångskostnadsersättning is made by the court. The court assesses whether the costs claimed are reasonable and directly attributable to the litigation. Factors such as the complexity of the case, the conduct of the parties, and whether the claimed expenses were necessary for the conduct of the proceedings are considered. While the general rule is that the losing party pays, there are exceptions and nuances. For instance, in certain situations, costs may be divided between the parties, or each party may be ordered to bear their own costs, particularly in cases where the outcome is uncertain or where both parties have contributed to the length or complexity of the proceedings. The aim is to achieve a fair distribution of costs based on the merits of the case and the conduct of the parties involved.