CYPRUS Law and Practice Contributed by: Kyriacos Scordis, Alexandros Gavrielides, Chara Pieri and Demetris Yiannakou, Scordis, Papapetrou & Co LLC
• “Chabra orders” preventing a person against whom the applicant has no cause of action or claim (such as a person who holds assets as a trustee, agent or “nominee” of a wrongdoer against whom the applicant has brought a claim) from dissipating assets which may become available to satisfy a judgment against the wrongdoer; • orders ordering the appointment of an interim receiver for the purpose of ensuring the preserva- tion of the defendant’s assets and/or the defend- ant’s compliance with the freezing order; • “Quia timet” injunctions, which are “pre-emptive” injunctions intended to prevent the commission of a wrong or the violation of the applicant’s rights in circumstances where an act amounting to a wrong or a violation of the applicant’s rights is threatened; • anti-suit injunctions restraining a person from commencing or continuing court proceedings in other jurisdictions (other than the courts of the EU member states); and • orders for the appointment of an interim receiver for the purpose of preserving assets. 6.2 Arrangements for Obtaining Urgent Injunctive Relief Interim relief may be granted on an ex parte basis in cases of urgency or where other special circumstanc- es justify the granting of relief on an ex parte basis. In practice, the Courts consider ex parte applications for the issuance of interim orders within two or three working days from the date of their filing. There are no provisions or arrangements for out-of-hours judges. 6.3 Availability of Injunctive Relief on an Ex Parte Basis A party may apply for an injunctive relief on an ex parte basis in cases of urgency, in cases where other special circumstances are justifying the granting of relief on an ex parte basis and in cases where the court considers that the overriding objective of dealing with cases fairly and in an efficient and cost-effective manner would be served by granting relief on an ex parte basis. 6.4 Liability for Damages for the Applicant The Court, when granting an interim order, may impose such terms as it considers appropriate in order to pro- tect the rights and interests of the respondent, includ-
ing requiring the applicant to provide security for any potential damages that the respondent may suffer as a result of the order being granted. The Cypriot courts nearly always require the provision of such security when an injunction is granted on an ex parte basis. If the respondent successfully discharges the injunc- tion and the Court determines there was no valid rea - son for seeking the injunction, the Court may order, upon an application from the respondent, that the applicant pay reasonable compensation for any dam- ages suffered by the respondent. This compensation will be drawn from the security provided by the appli- cant. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Cypriot courts have the power to grant injunctive relief against the respondent’s worldwide assets. 6.6 Third Parties and Injunctive Relief Cypriot courts have the power to issue injunctive relief against third parties. Please refer to 6.1 Circumstanc- es of Injunctive Relief . 6.7 Consequences of a Respondent’s Non- Compliance If a respondent fails to comply with an injunction, the court may order the respondent’s imprisonment or impose a fine. In addition, non-compliance with an injunction may result in the court striking out a respondent’s defence, enabling the claimant to obtain judgment in default.
7. Trials and Hearings 7.1 Trial Proceedings
In proceedings commenced by a “Part 7 Claim Form”, evidence at trial must be given by means of written witness statements, which must be submitted and served in advance. As a rule, the witnesses must then appear before the court for cross-examination. Proceedings commenced by a “Part 8 Claim Form” will, as a rule, be determined on the basis of the writ - ten evidence accompanying the claim form and the opposition, respectively, subject to the court’s power
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