VS Jurist, on behalf of a client, objected to a decision by the Swedish Enforcement Authority (Kronofogden) by filing an application to set aside a judgment by default (a so called “ansökan om återvinning”) by letter mail. The Enforcement incorrectly registered the application as belonging to someone else, whereafter the District Court repeated the same mistake. After the District Court had discovered and corrected its mistake, the question arose whether the legal costs that had resulted from the Enforcement Authority’s and the District Court’s mistake should be paid by our client or by the government.
The following is stated in the Chancellor of Justice (JK)’s verdict (Dnr 2020/2906 ) (freely translated from Swedish):
“The Enforcement Authority’s wrongful registration of XX:s application is to be regarded as such a fault or negligence that requires the state to pay damages. Even the District court has been negligent in its handling of the case since it did not discover that the application rightly belonged to XX. The fact that the District Court trusted the Enforcement Authority’s information, does not render any other judgment.”
Comment by VS Jurist:
”Very few are fortunate enough to prevail in a legal proceeding before the office of the Chancellor of Justice against the Swedish government. We are happy that we could help our client to make sure that the legal costs will be paid by the government and not by our client.”