“The appeal from Ulstein municipality is not permitted” is the conclusion from the Supreme Court. A year-long legal battle has thus come to an end. This means that Ulstein municipality must pay 6.6 million in compensation to three siblings who were abused by their father when they were small, as the Court of Appeal decided earlier this year. The siblings have claimed for years that the municipality knew about the abuse and should have intervened. – The appeal from the municipality has been refused, and our clients will finally be paid their compensation. It is a happy day. All five have received millions in compensation, writes the lawyer for the siblings, Mette Yvonne Larsen. Her colleague, Tonje Lilaas Larsen, says that so far she has only got hold of Margareth Øvrelid. – She is very relieved and happy that the case has now been brought to an end. Lawyer Mette Yvonne Larsen has represented the five siblings for several years. She is happy that it has now come to an end. Photo: Magnus Skatvedt Iversen / news – Surprisingly, the Municipal Council decided earlier this year to appeal, but the Supreme Court will therefore not take up the appeal case: “The committee unanimously finds that there is no reason to overturn the Court of Appeal’s judgment in the committee pursuant to section 30-3 of the Disputes Act second paragraph, and that neither the significance of the decision outside the present case nor other circumstances indicate that the case will be brought before the Supreme Court, cf. § 30-4 of the Disputes Act.” – It is surprising, says the municipality’s lawyer Terje Marthinsen. He says that the entire insurance industry and the entire Municipality of Norway were behind the appeal, and that they are not happy with the conclusion of the Supreme Court. – Unfortunately, this means that the trend of this type of lawsuit will continue, and we are then in a situation where we do not know what kind of law will be used as a basis by the courts. It is sad for everyone, not least for those who wonder if they can have a claim against a municipality. And it’s sad. In the decision from the Supreme Court, it also appears that the Supreme Court rejects the three organizations that wished to be party assistants in a possible case. It was the Traffic Insurance Association (TFF), the Occupational Injury Insurance Association (YFF) and KS – the Municipal Sector Organisation. Lawyer Terje Marthinsen is surprised by the court’s conclusion. Photo: Josef Benoni Ness Tveit / news – We believe that such cases must be dealt with by the judiciary, equally throughout the country. The most important thing for us was to get a quick clarification on the appeal issue, said mayor Stian Skorgen Scheide (H) earlier this year. In a press release, the municipality then wrote that they had received clear advice from the insurance company and the lawyer for the municipality to appeal. Mayor Stian Skorgen Scheide Photo: Synnøve Hole / news The siblings sue the municipalities In 2018, the siblings, with the help of lawyer Mette Yvonne Larsen, sued the municipalities of Hareid and Ulstein and asked for compensation. Is the case time-barred? The district court then said that they would not process the case fully until they had an answer to whether she was out of age – meaning that what had happened was too long ago for the court to say anything about it. Yes! In October 2020 the court came to the conclusion that the case was time-barred. The Øvrelid siblings appealed the decision to the Court of Appeal. Not time-barred, however. The Court of Appeal held in the spring of 2022 that the case was not time-barred and that the siblings could therefore ask the municipalities for compensation. The High Court said no. Hareid and Ulstein municipality appealed the decision to the High Court. They still refused to look at the case, because it was not principled enough. A full court case The compensation case was thus fully dealt with in the Frostating Court of Appeal just before Christmas 2022 – four years after the lawsuit came. Josef Benoni Ness Tveit Judgment in the Court of Appeal The judgment in the Frostating Court of Appeal came in March 2023: The two youngest siblings received compensation from the municipalities. The three oldest did not receive compensation. The decision was appealed to the Supreme Court. Josef Benoni Ness Tveit Revoke the judgment In September 2023, it became known that the Supreme Court annulled the entire judgment from the Court of Appeal for the three oldest siblings. They thus brought up their case for a new hearing in the Frostating Court of Appeal in spring 2024. Mia Sofie Ytreberg / news Received compensation In June, the Frostating Court of Appeal decided that the three eldest siblings were also entitled to compensation. They got about 6.6 million. Josef Benoni Ness Tveit The municipality appealed In July 2024, the municipal council in Ulstein decided that they would also appeal this judgment. news May not bring forward the appeal26. November 2024, the Supreme Court has decided that they will not hear the appeal case. As a result, Ulstein municipality has to shell out millions. With this, the case has finally been put to rest after several years in the legal system. Growing up with an abusive father Childhood was a nightmare for the group of five siblings. They grew up in Sunnmøre in the 50s and 60s with an abusive father who tormented them physically and mentally. Although “everyone” knew what was going on, they felt that no adults intervened. The two youngest received just over NOK 4 million last spring. In addition, the municipality had to pay all the costs of the court proceedings for them. Now the end has also been seen for the three oldest. The chairmanship in Ulstein unanimously decided that the case should be appealed, when they considered the case earlier this year. Now the Supreme Court put its foot down. Photo: Synnøve Hole / news Published 26.11.2024, at 14.34 Updated 26.11.2024, at 15.52
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The municipality must pay millions in compensation to three siblings
