CYPRUS Law and Practice Contributed by: Agathi Zervou and Maya Athanatou, George Z. Georgiou & Associates LLC
2.3 Obtaining Disclosure of Documents and Evidence From Third Parties Disclosure from third parties is available both after and before proceedings are commenced. Pursuant to CPR Rule 31.6, a wronged party may apply for specific disclosure against a non-party after proceedings have commenced. The application must be supported by evidence satisfying the requirements set out in CPR Rule 31.5 (2), including a sufficiently detailed description of the documents or categories sought, an explanation of their relevance and material - ity to the issues in dispute and reasons for believing that the documents are within the possession, cus - tody or control of the third party. The court will grant such an order only if the previous - ly delineated requirements are met, and none of the objections listed in CPR Rule 31.5 (7) apply, including lack of relevance to the matters in dispute, privilege, confidentiality concerns that the court considers com - pelling, particular difficulty or burden in producing the requested evidence and situations where the docu - ment has been lost or destroyed. In addition, pre-action disclosure is available under CPR Rule 31.7, allowing a prospective claimant to obtain documents before proceedings are com - menced. This may be particularly relevant in tracing claims. The application must be supported by evi - dence identifying the documents sought with sufficient specificity, explaining their relevance in the anticipated proceedings and confirming that these are not already within the applicant’s possession or that it would be unduly burdensome for them to disclose them other - wise. The court may grant such an order only where both the applicant and the respondent are likely to be parties to subsequent proceedings, the evidential requirements described previously are satisfied and there is no valid objection under CPR Rule 31.5 (7). Pre-action disclosure is further recognised as an interim remedy under CPR Rule 25 (1)(j) and may be sought by an application under Part 23 where sub - stantive proceedings have not been commenced. The court further retains jurisdiction to order disclo - sure against third parties such as Norwich Pharma -
by the respondent. Accordingly, assets held through nominees, trustees or corporate structures fall within the ambit of disclosure. The procedural requirements for obtaining such orders align with those applicable to freezing injunctions mentioned in 1.7 Prevention of Defendants Dissipat- ing or Secreting Assets . The same principles regard - ing sanctions for non-compliance and the requirement for a cross-undertaking in damages also apply. 2.2 Preserving Evidence An applicant may seek a search order where there is a real risk that evidence may be destroyed, concealed or tampered with. Such an order allows the appli - cant’s representatives, under the supervision of an independent lawyer appointed by the court, to enter specified premises and search for, inspect and secure relevant materials, including documents, computers and electronic data. The scope of a search order is typically narrowly defined, and only items expressly specified therein may be taken by the applicant’s rep - resentatives. To obtain such relief, the applicant must meet a par - ticularly high threshold. In addition to satisfying the general requirements for interim relief under Article 32 of the Courts Law 14/60 (see 1.7 Prevention of Defendants Dissipating or Secreting Assets ) the applicant must also demonstrate a strong prima facie case that: • the potential damage, threatened or actual, is very serious; • there is clear evidence that the defendant holds relevant incriminating material; and • there is a real risk that such material may be destroyed or concealed if notice is given. The court must also be satisfied, on the basis of clear and compelling evidence, that the interests of justice require the order to be granted without prior notice. A cross-undertaking in damages will also be required as a matter of course.
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