CYPRUS Law and Practice Contributed by: Menelaos Kyprianou, Constantina Zantira, Andreas Lytras and Eleana Poulladou, Michael Kyprianou & Co LLC
communications (eg, by referring to legal advice), or where disclosure to third parties is inconsistent with maintaining confidentiality. Once waived, privilege is generally lost in respect of the relevant material. 8.3 Confidentiality There is no general right to withhold documents solely on the basis of confidentiality. Parties remain subject to their disclosure obligations, subject to relevance and proportionality. That said, the court may refuse disclosure or inspection where there are compelling confidentiality concerns. In such cases, the court will balance the need for confidentiality against the Witness evidence is primarily given by written witness statements, which stand as evidence-in-chief. As a general rule, witnesses are required to attend trial for cross-examination, unless the court directs otherwise. Witnesses are subject to cross-examination and re- examination, and the court has wide powers to control the scope of evidence and questioning. requirements of a fair trial. 8.4 Witness Evidence In interlocutory proceedings, evidence is usually provided by affidavit or written statement, although cross-examination may be permitted. There is no sys- tem of pre-trial depositions. Failure to serve a witness statement in advance may result in the witness being prevented from giving evi- dence without the court’s permission. Witnesses may also be compelled to attend by way of witness sum- mons. 8.5 Expert Evidence Expert evidence is permitted but subject to the court’s control. Permission is required, and the court may limit the scope of expert evidence or direct the use of a single joint expert. Experts are usually appointed by the parties, although the court may influence or direct the process. Their evidence is typically given in writ- ten reports, supplemented where necessary by oral testimony. Experts owe an overriding duty to the court, which takes precedence over any duty to the instructing par- ty. Their evidence must be independent and objective,
and they are expected to address all relevant matters, including those adverse to their opinion. The court may also direct joint meetings between experts or, in appropriate cases, concurrent evidence.
9. Enforcement 9.1 Enforcement of Judgments
Different enforcement procedures apply depending on the place where the foreign judgment was issued. Judgments issued by the courts of an EU member state are generally directly enforceable in Cyprus according to the provisions of Regulation (EU) No 1215/2012 (Recast Brussels I Regulation) and no dec- laration of enforceability is required. In practice, the district court in which enforcement proceedings will be instituted will provide the applicant with a Cypriot case number, in the context of which the applicant may directly take enforcement measures. Judgments issued by the courts of a country with which Cyprus has signed a bilateral treaty for mutual recognition and enforcement of judgments, may be registered and become enforceable in Cyprus pur- suant to the provisions of and the procedure speci- fied in that bilateral treaty. Usually, an application for the recognition and enforcement of that judgment in Cyprus is required. Judgments issued by the courts of the United Kingdom and of certain countries of the Commonwealth may be enforced in Cyprus according to the provisions of Mutual Enforcement of Certain Judgments of Courts of the Commonwealth Countries Law, Cap 10. An application to the court must be filed by the judgment creditor in order to have a foreign judgment registered and enforced pursuant to Cap 10. Moreover, judgments issued by the courts of a country with which Cyprus did not sign a bilateral treaty may be enforced in Cyprus by filing a court action in Cyprus based on common law (“common law enforcement”). Essentially, the basis of such Cypriot court action will be the amount awarded to the judgment creditor by the foreign court. 9.2 Enforcement of Arbitral Awards Foreign arbitral awards may be enforced in Cyprus pursuant to the provisions of the New York Conven- tion of 1958 on the Recognition and Enforcement of
138 CHAMBERS.COM
Powered by FlippingBook