CYPRUS Law and Practice Contributed by: Kyriacos Scordis, Alexandros Gavrielides, Chara Pieri and Demetris Yiannakou, Scordis, Papapetrou & Co LLC
menced, with special rules applying to specific types of claims, namely: • Protocol I (Type I) concerning claims for a liqui- dated sum; • Protocol II (Type II) in relation to claims arising from road traffic accidents and personal injury claims; and • Protocol III in relation to cases which are not cov- ered by any other protocol. The Civil Procedure Rules have also introduced a gen- eral requirement for parties to follow a “reasonable procedure” before commencing legal proceedings, with the aim of avoiding litigation. The claimant is required to send a demand letter, in accordance with the respective form provided by the CPR, setting out the nature and factual basis of the potential claim, together with any key documents. The prospective defendant is required to respond within the specific deadline and inform the claimant whether the claim is accepted or not. In case the claim is not accepted, the prospective defendant should set out the detailed reasons for such rejection and provide copies of any documents on which the respondent wishes to rely. A party’s failure to comply with the relevant pre-action conduct requirements is taken into account by the court in providing case management directions and in awarding costs, the general idea being that the non- complying party will normally be ordered to pay the costs relating to any steps taken or required to be taken as a result of the non-compliance. 3.2 Statutes of Limitations The Limitation of Actions Law of 2012 (Law 66 (I)/2012) (the “Limitation Law”) provides for different limitation periods depending on the nature of the claim. The general limitation period for claims founded in tort or contract is six years, although shorter limitation peri- ods apply in respect of specific torts, such as: • defamation (one year); • malicious falsehood (one year);
• breach of statutory duty (three years). The courts have the power to extend the prescribed limitation periods by up to two years if they consider it just and reasonable in the circumstances, subject to the proviso that no claim can be brought after the expiration of ten years from the date on which the rel- evant cause of action is completed. Generally, the pre- scribed limitation periods commence from when the cause of action is complete or from 1 January 2016, whichever occurs later. The Limitation Law also con- tains provisions regarding the circumstances in which the running of the prescribed limitation periods may be postponed or suspended, as well as transitional provisions with respect to causes of actions based on facts occurring before 1 July 2012 when the Limitation Law entered into force. It should be noted that the pro- visions of the Limitation Law do not affect the limita- tion periods in respect of specific types of claims that are prescribed in other statutes, such as the statutes governing liability for defective products, the admin- istration of estates, the specific performance of con- tracts for the sale of land and claims affecting the assets of international trusts. 3.3 Jurisdictional Requirements for a Defendant If a claim before a Cypriot court is directed against a defendant not domiciled in Cyprus or has oth- er “foreign elements” (eg, if the facts giving rise to the dispute occurred outside Cyprus), the court will determine whether it has jurisdiction over the claim by applying either the provisions of the Recast Brus- sels I Regulation (Regulation (EU) No 1215/2012) or the national rules concerning jurisdiction. Most com- mercial disputes fall within the scope of application of the Brussels I Regulation. Generally, the determin- ing factor of jurisdiction under the Brussels I regime is the defendant’s domicile. As a general rule, the court will have jurisdiction where the defendant is domiciled in Cyprus, subject to the provisions of the Recast Brussels I Regulation regarding exclusive juris- diction, prorogation of jurisdiction and lis pendens. If the defendant is not domiciled in Cyprus the court may have jurisdiction over the claim pursuant to the provisions of the Recast Brussels I Regulation regard- ing exclusive jurisdiction (eg, if the claim concerns immovable property located in Cyprus, or the validity
• negligence (three years); • nuisance (three years); and
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