16th of June 2020

Partner Jonas Nilsson and associate Johanna Lenell have successfully represented one of Foyen’s clients before the Supreme Court of Sweden. The judgment was handed down today, Tuesday 16 June.

A major construction and contracting company was seeking almost SEK 10 million in compensation for personal liability under the Companies Act when the case was filed in the courts. The question which the Supreme Court has now considered is when in time liability for litigation costs arises. The Supreme Court agreed with the position advocated by us that an obligation to pay litigation costs arises on a continual basis as the costs are incurred and not when the judgment is issued. Given the outcome in the Supreme Court, the earlier holding by the Court of Appeal for Western Sweden remains in force and our client is only ordered to pay SEK 50,000 to the opposing party in respect of a minor issue in the case, while our client has their litigation costs compensated by the other party.

For more information contact:

Jonas Nilsson, Partner
+46 708-25 78 79, jonas.nilsson@foyen.se

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