In this case, damages of SEK 20,000 were claimed. The District Court initiated its process according to the rules of the small claims procedure. In the reply to the claim the respondent requested that the case should be processed in accordance with the general rules. In a ruling the District Court decided to continue the proceedings in accordance with the rules on small claims cases. The Court of Appeal did not grant leave to appeal. The Supreme Court decided to examine the question of whether the case should be processed as a small claims case or according to general rules.
A case shall be processed as a small claims case if the value of what is claimed does not exceed half the price base amount, which for 2023 was just over SEK 25,000. The form of proceedings determines the possibility for the successful party to receive compensation for legal costs in the form of counsel's fees. In small claims cases, this possibility is severely limited. As a general rule, only an amount equivalent to one hour of legal advice under the Legal Aid Act can be paid per instance.
Even if the value of the claim is less than half the price base amount, the general rules shall apply in the court proceedings if a party so claims and makes it probable that the underlying dispute concerns a higher value, or that the outcome is otherwise of exceptional importance for the assessment of other legal relationships at hand.
The main question in the Supreme Court was whether "a higher value" should be interpreted as referring also to values other than economic values. The Supreme Court – which, among other things, reviews the problem of so-called SLAPP lawsuits – concluded that it is not possible to take into account other types of values than economic values in the assessment. The case in the District Court will thus continue to be handled as a small claims case.
Case no. Ö 6426-23
Case name
"The Unchanged Procedural Form" ("FT to T" in Swedish)
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