Jenni Maria Pettersen

Nordisk Tidsskrift for Selskabsret 2(3)

This article analyzes the Norwegian Supreme Court’s judgement (HR-2022-1148-A) regarding personal liability for a company’s litigation cost. The CEO/board of directors were held liable under non-statutory civil procedure law due to moving litigation cost from the parent company to a subsidiary. The Supreme Court expanded the scope of non-statutory civil procedure law whilst stating for the first time that it exists a non-statutory personal liability within company law. However, the author question whether there is a need for non-statutory personal liability within Norwegian company law.