Procedure
Our fundamental view is that civil litigation should always be a last resort. Even where a client has a strong case, the possibility of settlement should be carefully considered and, where appropriate, actively pursued. Litigation is costly, time-consuming, and often burdensome for those involved, regardless of the outcome and irrespective of whether the client is a large organisation or an individual.
We have extensive experience in assessing settlement opportunities and have helped clients achieve favourable negotiated settlements in a wide range of significant disputes, including cases where the final hearing was imminent.
The outcome of litigation can rarely be predicted with certainty. Even with thorough preparation, the evidential landscape often continues to evolve until the close of the hearing. Close collaboration between counsel and client is therefore essential to ensure that the facts are presented accurately and persuasively.
Particularly in complex disputes involving extensive documentation and multiple parties, we have considerable experience in structuring and managing proceedings in a clear, efficient, and strategic manner.
We take a proactive approach to gathering information at an early stage of the case and place great emphasis on keeping our clients informed and providing practical legal advice throughout the proceedings. Case preparation can be demanding, even for well-established organisations, and will often require significant time and resources from several members of the client's team.
Where a case turns primarily on the assessment of evidence, close cooperation with the client is essential to:
present the factual case clearly and concisely;
develop an effective evidential strategy; and
formulate precise and persuasive legal arguments.
Some disputes are primarily concerned with questions of legal interpretation or the application of the law. Even in such cases, success depends on understanding the interaction between the relevant legal framework, the factual circumstances, and the broader commercial or practical context.
Jørn Terje Kristensen represents clients before the Norwegian courts, including the Supreme Court, as well as in arbitration proceedings.