Understanding how legal costs work in Sweden is essential for anyone involved in a court dispute. Swedish law follows the general principle that the losing party pays, but there are important details to consider regarding what costs are covered, how fees are assessed, and when exceptions apply.
1. The General Rule – The Loser Pays
Under Swedish law, the party that loses a case is normally required to reimburse the reasonable legal costs of the winning party. This includes:
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Attorneys’ fees
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Court fees
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Expert opinions and witnesses
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Travel and translation costs
The idea is that a party who is found to be in the right should not bear the financial burden of litigation.
However, the court only awards costs that are reasonable and necessary. Excessive or disproportionate legal fees may be reduced by the court.
2. Exceptions for Small Claims (Simplified Procedure)
In small claims cases (known as förenklat tvistemål or FT case), where the disputed amount is below roughly half a price base amount (about SEK 28,000), each party generally pays its own legal costs, regardless of the outcome.
In such cases, only limited compensation is possible – for example, a few hours of legal advice or necessary travel costs. This rule is intended to keep minor disputes affordable and accessible.
3. Hourly Fees and Billing Practices
Swedish lawyers usually charge by the hour, though fixed fees or capped arrangements are sometimes agreed in advance.
Hourly rates vary depending on the lawyer’s experience and the complexity of the case, but generally range between SEK 2,000 and 5,000 per hour (approximately EUR 170–420).
Clients typically receive:
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A retainer agreement describing the scope and fee model.
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Ongoing updates about costs during the case.
4. Legal Aid and Legal Expenses Insurance
Sweden offers two main ways to limit personal cost exposure:
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Legal Expenses Insurance (rättsskydd): Often included in home or business insurance policies. It covers a large portion (usually 75–80%) of your legal fees, up to a certain maximum.
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Public Legal Aid (rättshjälp): Available in limited situations for individuals with low income and no insurance coverage.
Your lawyer can help you check whether you qualify for either option.
5. Court Fees
The court application fee in civil cases is relatively modest compared to many countries.
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For a standard claim, the fee is SEK 2,800.
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For small claims (FT cases), the fee is SEK 900.
These fees are usually paid when the case is filed.
6. Enforcement Costs
If you win your case and need to enforce the judgment, the Swedish Enforcement Authority (Kronofogden) may charge additional fees for collection or seizure of assets. These are usually minor and recoverable from the losing party.
7. Practical Advice
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Always discuss expected costs with your lawyer at the outset.
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If you have insurance, contact your insurer early to confirm coverage.
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Keep track of all invoices and payments — the court may require a detailed cost specification.
Conclusion
Litigation in Sweden is generally transparent, predictable, and cost-effective compared to many other jurisdictions. With proper planning and insurance, the financial risks of going to court can be well managed.
