CYPRUS Law and Practice Contributed by: Menelaos Kyprianou, Constantina Zantira, Andreas Lytras and Eleana Poulladou, Michael Kyprianou & Co LLC
to try applications submitted by the President of the Republic of Cyprus contesting the constitutionality of proposed legislation and to resolve certain conflicts between institutions. 2.3 Pre-Action Conduct Compulsory pre-action conduct was introduced in the civil procedure by the new Civil Procedure Rules, which entered into force on 1 September 2023. In par- ticular, the new Rules provide for three types of “pre- action protocols” which must be followed depending on the nature of the claim. In essence, the claimant must send a demand letter to the prospective defend- ant, setting out the basis of the claim, together with all relevant documents that support the claim. The prospective defendant must respond within the pre- scribed time period and declare whether the claim is accepted or refused and on what grounds. In any case, the parties are required to follow a reasonable procedure and enter into negotiations in order to avoid litigation. Failure to comply with the pre-action con- duct may be taken into account by the court during the management of the case, and it may order the party who did not comply to pay those costs incurred that might have been avoided had the pre-action con- duct been complied with. However, it must be noted that compliance with the pre-action conduct is not necessary in the following circumstances: • where the claim is of urgent nature; • where the limitation period of the claim is about to expire; or • for other reasonable grounds – eg, where the claimant intends to apply to the court for interim relief without prior notice to the defendant. 2.4 Stages of Court Proceedings The main stages of court proceedings are as follows. • Pre - action procedure – (a) Before filing a claim, parties are generally expected to follow pre-action conduct as out- lined at 2.3 Pre-Action Conduct . (b) If this fails and an out-of-court settlement can- not be reached, the claimant can proceed to file a statement of claim.
• Filing the claim – (a) The claimant files a claim form with or without the statement of claim attached. (b) If it is not filed together with the claim form, the statement of claim can be filed within 28 days of serving the claim form. (c) The claim form expires within 12 months after filing unless it is served on the defendants or unless it is renewed by a leave of the court. • Service and notice of appearance – (a) The claim form must be served on the defend- ant within 12 months after filing. (b) The defendant must file a notice of appearance within 14 days as of service of the claim form or of the statement of claim if that is not filed together with the claim form. • Defence – (a) Once notice of appearance is filed, the defend- ant must submit their statement of defence within 28 days unless an extension is granted. • Case management – (a) After pleadings are completed, all parties file a directions’ questionnaire within 28 days, includ- ing a list of witnesses. (b) The court schedules a case management hear- ing to decide whether the claim will proceed as an ordinary claim or a small claim. (c) Court instructions are issued regarding discov- ery, the filing of witness statements, and other pre-trial requirements. • Hearing – (a) The case is set for hearing depending on the court’s schedule. (b) The claimant must prove the claim on the bal- ance of probabilities. (c) After the hearing, parties present their oral or written addresses, and the judgment is re- served. • Judgment and appeal – (a) Once issued, the judgment is binding and enforceable notwithstanding the right to an appeal. (b) Appeals can be filed within 42 days for final judgments or 14 days for interim judgments. The filing of an appeal does not automatically suspend the enforceability of the first-instance judgment, unless the court grants an order for stay regarding the entire or part of the judg-
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