CYPRUS Law and Practice Contributed by: Kyriacos Scordis, Alexandros Gavrielides, Chara Pieri and Demetris Yiannakou, Scordis, Papapetrou & Co LLC
4. Pre-Trial Proceedings 4.1 Interim Applications/Motions
the court’s power to permit substituted service may be affected by the provisions of applicable bilateral or multilateral treaties or conventions regulating the service of judicial documents. 3.6 Failure to Respond In the event of default of appearance, the claimant may secure, upon filing an application, a judgment against a defendant who failed to respond to a claim commenced with “Part 7 Claim Form” by filing a Mem- orandum of Appearance within 14 days from the date of service of the claim form (if the Statement of Claim is filed together with the claim form) or from the date of service of the Statement of Claim. The application for judgment in default of appearance can be made ex parte. In the event of default of defence, the claimant may secure, upon filing an application, a judgment against a defendant who failed to file defence to the claim or counter claim within 28 from the date of the service of the Memorandum of Appearance or within such period as the Court may order or the parties may agree (the deadline cannot be extended for more than 42 days). 3.7 Representative or Collective Actions There are no specific provisions in the CPR regarding collective actions; however, where numerous persons have the same interest in a cause or matter, one or more of such persons may be authorised by the court to sue or defend in such cause or matter, as a repre- sentative and for the benefit of all interested persons. 3.8 Requirements for Cost Estimate There is no express provision requiring lawyers to pro- vide their clients with a cost estimate of the potential court proceedings at the outset. However, the general duties imposed by the Advocates’ Code of Conduct include duties of openness and honesty, which may require lawyers to provide a cost estimate if the cli- ent so requests, to the extent that this is practically possible.
Interlocutory applications/motions may be made both before and after the filing of a claim. These types of applications are not limited to case management issues. Section 32 of the Courts of Justice Law and the CPR give the Cypriot courts the power to grant such interim relief as the court considers just and con- A party may apply for summary judgment with respect to the whole or a part of the claim and may also apply for the other party’s case to be struck out before trial. Summary Judgment A summary judgment may be granted by the court against a claimant or a defendant if the court finds that: • the claimant has no real prospect of success on the claim or issue; or • the defendant has no realistic prospect of success- fully defending the claim or issue; and • there is no other compelling reason why the case Where any facts have been admitted, either in the pleadings or otherwise, a party may at any stage of the proceedings apply to the court for such judgment or order as such party may be entitled to obtain on the basis of such admissions without waiting for any other matter between the parties to be determined. The Court’s Power to Strike Out a Claim or Defence venient in the circumstances of the case. 4.2 Early Judgment Applications or matter should be decided at trial. Judgment on the Basis of Admissions A party may also apply for the other party’s case to be struck out before trial in cases where the other party’s case has no reasonable prospect of success or is oth- erwise abusive (for example because the other party is seeking to re-litigate matters that have already been determined by a competent court). 4.3 Dispositive Motions The main dispositive motions that are commonly made before trial include:
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