Supreme Court on the allocation of litigation costs where a claim succeeds in part

In September 2026, the Swedish Supreme Court clarified in case T 1102-25 that the allocation of litigation costs where a claim succeeds in part does not depend solely on the proportion of the amount claimed that is awarded. The main focus of the proceedings must also be taken into account. In this case, Sigma was considered the substantially successful party despite being awarded approximately seven per cent of the damages claimed, as it had prevailed on the extensive issues concerning breaches of procurement rules and liability for damages. However, the company was awarded only a quarter of its litigation costs in the lower courts. The judgment highlights the importance of making clear which issues have driven the work and costs involved in the proceedings, see Allocation of legal costs.