Costs, settlement and funding


What are the rules regarding attorneys’ fees and costs on appeal?

In Denmark, the general principle is that of costs following the event.

If a judgment is appealed and reversed by an appellate court, the appellant is considered the winning party and the appellee must therefore compensate the appellant's legal fees arising from both the original case and the case before the appellate court. If a judgment is appealed but the appellate court upholds the original judgment, the appellant must pay the other party's legal fees.

Settlement of first instance judgment after appeal lodged

Can parties enter into a settlement agreement to vacate the trial court judgment after an appeal has been taken?

Parties are always able to enter into settlement agreements, even overruling an appeal court judgment.

Limits on settlement after commencement of appeal

Are there any limits on settlement once an appeal has been taken?


Third-party funding

May third parties fund appeals?

Third-party funding is not regulated under Danish law and is not prohibited.

Disclosure of litigation funding

If litigation funding is permitted in an appeal, must funding sources be disclosed to the court or other parties to the litigation?

There is no Danish law, or case law, requesting the disclosure of funding sources.

Law stated date

Correct on

Give the date on which the above content is accurate.

1 April 2021