Schjødt and the Supreme Court in 2025

The founding father of Schjødt, Anneus Schjødt, was a highly regarded litigator. In the aftermath of WWII he even acted as the prosecutor in the case against the infamous traitor Vidkun Quisling. The legacy after Anneus Schjødt is strong. No less than 14 of Schjødt's litigators are admitted to the Supreme Court of Norway. 

The Supreme Court of Norway is a court of precedent. Only cases of principle are granted leave to appeal. In 2025, the Supreme Court received 776 appeals against judgments from the Court of Appeals. Leave to appeal was granted only for 12,2 % of the appeals in civil cases (11,6 % in criminal cases). 

The oral tradition is strong in the Norwegian Supreme Court. If leave to appeal is granted, almost all cases are subject to oral pleadings in the Supreme Court. The barristers argue the case directly in front of the Supreme Court justices and must be prepared for challenging questions from the justices, which is common practice. The atmosphere is always intriguing. Five Supreme Court justices will normally take their seats, unless the case is handled by 11 justices in a Grand Chamber. In exceptional cases as many as 21 justices can take part in a Plenary session. In most civil cases oral pleadings will normally take place over 1-1,5 day, but could more seldom be scheduled for as much as 3-4 days (or even longer). 

This strong oral tradition and the function of the court as court of precedent makes it necessary for the Supreme Court to prioritize true cases of principle. During the whole of 2025 only 45 civil cases and 44 criminal cases were pleaded in the oral proceedings, making the total number of cases only 89. No less than 13 of those cases were argued by Schjødt's dispute resolution department, i.e. almost 15 % of all cases in the Norwegian Supreme Court during 2025. 

Among those cases were a case pleaded by department manager Hallvard Gilje Aarseth concerning business secrets, civil procedure and EEA-law. This case had even been handled by the EFTA-court prior to the Supreme Court pleadings. Erlend Haaskjold argued a case concerning construction law, civil procedure and a claim against a guarantor. Erlend Holstrøm argued a case concerning statute of limitation of a guarantee in connection with sale of a real property. Thomas Horn argued both a landmark Grand Chamber case concerning EEA-law, as well as a constitutional case concerning freedom of expression. Halvard Helle is truly a Supreme Court specialist, having argued more than 80 Supreme Court cases. In 2025 he argued no less than six cases, including cases concerning media rights and freedom of expression as well as criminal cases. 

The whole firm is especially proud that Trine Skjelstad Jensen in 2025 pleaded her first Supreme Court case, even though she is no more than 30 years old. Very few lawyers do accomplish this at such young age. In comparison, during 2025, only 15 of all Norwegian lawyers were admitted to the Supreme Court. Trine Skjelstad Jensen however did pass her trial case with excellence and is now well positioned for being admitted to the Norwegian Supreme Court, after her next case.

Looking ahead, 2026 seems to be just as interesting for Schjødt's dispute department. Worth mentioning is especially a multi-billion case concerning petroleum rights, which is scheduled for as many as four days in the Supreme Court in August. This case will be pleaded by Trond Sollund and Hallvard Gilje Aarseth.  

Turning back to the statistics of the Supreme Court for 2025, the Supreme Court received 385 appeals against judgments in civil cases. It took an average of six months from the case was brought before the Supreme Court to the appeal hearing was held. Normally, it then takes between 4-6 weeks before the Supreme Court hands down the judgment. The overall case processing time decreased slightly in 2025 compared to previous years. 

Appeals in procedural matters, i.e. appeals against rulings or decisions, were as high as 686 in civil cases. Those cases are normally decided by the Appeals Committee in written proceedings, and the average case processing time in the Appeals Committee was approximately one month in civil cases. 

Leave to appeal against judgments is decided by the Appeals Committee, and was granted only in 48 cases, i.e. 12.2%. Adding nine cases where the Appeals Committee itself quashed the judgment of the Court of Appeals, only 14.8% of the appeals concerning judgments in the Court of Appeals were subject to further proceedings in the Supreme Court (either quashed in the Appeals Committee or granted leave to appeal in the Supreme Court). 

However, in those cases that were granted leave to appeal, approximately half of the appeals had a successful outcome (Appeals Court judgment either quashed or Supreme Court handing down a more favorable judgment for the appellant on the merits). 

In 2025, the Supreme Court considered a wide range of civil cases. As in the previous year, most of these cases in 2025 concerned tort law, ranging from questions about the scope of board liability to compensation for personal injury. Otherwise, there were slightly more decisions in contract law compared with previous years. 

In 2025, 47.5% of appeals against rulings or decisions were refused, and the appeals were successful in 31 of the civil cases in which such decisions were reviewed by the Supreme Court.

The Supreme Court currently consists of 21 judges. In 2025, three judges retired and three new judges were appointed. A new director was also appointed, and assumed the post in early 2026.

According to the Supreme Court, the figures for 2025 provide a good picture of the Supreme Court's ordinary activities.