The Supreme Court has proposed referring a jurisdiction dispute involving Arne Vigeland and Zurich Insurance to the Court of Justice of the European Union before deciding the appeal.
The case arises from unsuccessful Norwegian litigation brought by Irish-registered SJI Equities Ltd. On December 9, 2022, the Borgarting Court of Appeal ordered SJI Equities to pay NOK 11,349,923.80, approximately €1 million, in legal costs to former directors of RenoNorden ASA.
Zurich had insured those directors and became entitled under the policy to pursue the costs. Because SJI Equities had no funds, Zurich later began separate proceedings in Norway seeking to make Vigeland personally liable, alleging he was the real decision-maker behind the relevant companies.
Vigeland then started proceedings in Ireland seeking, among other relief, a declaration that he was not personally liable for Zurich's claimed losses.
The High Court and Court of Appeal both held that Article 22(5) of the Lugano Convention gave Norway exclusive jurisdiction because the dispute was concerned with enforcement of the Norwegian costs judgment.
In his Supreme Court judgment of November 17, 2025, Mr Justice Gerard Hogan took a different provisional view. He said Article 22(5), which gives exclusive jurisdiction to the courts where a judgment is enforced, should be interpreted narrowly and is principally concerned with actual execution measures such as seizure, distraint or forced sale of assets.
The Norwegian claim against Vigeland is a separate tort action against a person who was not a party to the original costs order. Hogan J therefore said he was inclined to conclude that the Irish proceedings were not themselves enforcement proceedings and that Irish courts could have jurisdiction because Zurich is domiciled here.
However, he said the issue has not been authoritatively resolved by the EU court. The Supreme Court therefore proposed referring a question to Luxembourg and staying the appeal until that ruling is delivered.