Appeals board – an alternative to the courts

An appeals board is a special complaints body that handles disputes within a defined area, such as insurance, construction, or financial matters. It offers the possibility of having a case reviewed without going directly to court, and therefore serves as an alternative to court proceedings.

In many cases, it is a requirement from, for example, an insurance company that the case is first handled by an appeals board before legal expenses cover is granted. This means that many cases start here—and in some cases also end here.

What is an appeals board?

An appeals board is an independent body that decides on complaints between a private individual and a company or public authority. These boards are often specialised in a specific area and consist of both legal and industry experts.

Examples of appeals boards include:

• The Insurance Complaints Board

• The Building Complaints Board

• The Danish Financial Complaints Board

• The Package Travel Complaints Board

• The Holiday Home Rental Complaints Board

• The Driving Instruction Complaints Board

• The Tenancy Complaints Board

Only consumers - private individuals - can bring complaints before an appeals board. If you have taken out private insurance or had construction work carried out on your home, you will generally be able to use the relevant board.

What does an appeals board decision mean?

As a general rule, a decision from an appeals board is not legally binding. This means that a company is not necessarily required to follow it. However, many companies—such as insurance providers and banks—are bound by rules requiring them to comply with board decisions.

If you are dissatisfied with the outcome, the case can usually be brought before the courts.

When should you use a lawyer?

It can be beneficial to seek legal advice before submitting a complaint to an appeals board. A lawyer can:

• help prepare a clear and persuasive complaint

• advise which board is the correct one for your case

• ensure the case is properly prepared for a potential court case

• assess whether it is better to go directly to court (e.g. in high-value or complex cases)

Limits and restrictions

It is important to be aware that many appeals boards only handle cases below a certain financial threshold. If the case involves a larger amount or requires extensive evidence, it will often need to be handled by the courts.

If you are unsure about the limits or your options, we recommend contacting a lawyer early in the process.

Advantages and disadvantages of appeals board proceedings

Advantages:

• faster processing than court cases

• low or no costs

• decisions made by specialised professionals and legal experts

Disadvantages:

• decisions are not always legally binding

• limited evidence handling compared to court proceedings

• risk that the case still needs to go to court

Lawyer for appeals board cases – contact us today

If you are unsure whether to file a complaint with an appeals board, it may be a good idea to consult a lawyer. We can also help you prepare and submit a complaint to the relevant board.

If you have already received a decision from an appeals board, we can help you understand it and assess whether there are grounds for bringing the case before the courts.

Contact KROMANN Law Firm on +45 8618 1102 or email kontakt@advokatkromann.dk to learn how we can assist you.