In the district court, Rune Halseth, Marianne Evensen and a third person had sued the state to get travel delays and compensation. They were all accused of having lived abroad while receiving Work Assessment Allowance (AAP), an explanation of the rules that has since been found to be incorrect. Halseth and Evensen were sentenced to prison, sentences which have since been overturned.
The Oslo district court sentenced the state to pay Halseth and Evensen NOK 900,000 in compensation, but acquitted the state in full and therefore did not impose legal costs. Both the plaintiffs and the state then chose to appeal the verdict to the Borgarting Court of Appeal.
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The plaintiffs lost
The Court of Appeal has ruled against the plaintiffs. Therefore, Halseth and Evensen are left with only the 250,000 and 200,000 kroner that have already been paid as compensation. The third plaintiff does not receive any compensation because she did not spend time in prison.
The judgment is given by dissent. One of the co-judges believed that the compensation should be set at NOK 900,000-1 million.
– The Court of Appeal did not find that the ECHR or the EEA Agreement entitled the private parties to receive more compensation than they were both paid according to the rules of the Criminal Procedure Act a regarding compensation for unjustified criminal prosecution, Borgarting Court of An application writes in a press release.
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The lawyer believes that tens of thousands have been deprived of their rights
The lawyer Roy Arteid, who represents the three plaintiffs, tells NTB that his clients are considering an appeal to the High Court. He points out that there is disagreement on several points, and he believes that the Court of Appeal has not dealt with the matter in sufficient detail.
– The Court of Appeal argues that the behavior of the authorities in the case of NAV cannot be gross negligence in any way that gives the victims of NAV any right to real compensation, writes Arteid in the statement to NTB.
In particular, he counters that the third plaintiff, who was charged but not jailed, failed in his claim for restitution.
– Because the case is a pilot case for a later class action, the rejection means that tens of thousands of victims in the same situation have lost their rights, he writes.
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The government attorney is satisfied
The Court of Appeal says that it cannot be proven that anyone who has suffered “liability of an organ” called the state has acted intentionally or grossly negligently in that regard.
– The judgment confirms the level of sophistication we have in Norway for paying compensation and restitution, also where the state has made mistakes that have had a negative impact, say David Magnus Myr and Helge Røstum at the Government Attorney. Both have raised the case on behalf of the State.
Both say the state has always been concerned about cleaning up after the mistake in Nav, but that the settlement must be in line with current law regarding compensation and compensation payments.
2024-10-29 17:01:00
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