CYPRUS Law and Practice Contributed by: Kyriacos Scordis and Sofi Mylona, SCORDIS PAPAPETROU & Co LLC
tice Law of 1960, provides that a ship-owner of a seagoing vessel shall not be liable to make good (to any extent whatsoever) any loss or damage occurring without their actual fault or privity where any goods, merchandise or other things whatsoever taken in or put on board their ship are lost or damaged by reason of fire on board the ship. Also, Section 503 of the Act pro - vides that the liability of the owner of any ship for (inter alia) damage to any goods caused without actual fault or privity is limited to certain extents. 3.4 Misdeclaration of Cargo Pursuant to the Carriage of Goods by Sea Law, Cap 263, and provided the contract of carriage is governed by the Hague Rules, the shipper shall be deemed to have guaranteed to the car - rier the accuracy of the marks, number, quantity and weight, as furnished by them at the time of shipment. The shipper shall indemnify the car - rier against all losses, damages and expenses arising or resulting from any inaccuracies in such particulars. The shipper also has a common law duty to noti - fy the carrier of any dangerous cargo. If the ship - per fails to declare dangerous cargo, the carrier may also have a claim against the shipper for losses incurred as a direct consequent of the misdeclaration – eg, for damage to the vessel. 3.5 Time Bar for Filing Claims for Damaged or Lost Cargo When the contract of carriage is governed by the Hague Rules, either by statute or by an agree - ment, the time limit for commencing proceedings is one year from the date of delivery of the goods or the date when the goods should have been delivered. Otherwise, the Limitation of Action - able Rights Law No 66(I)/2012 (the “Limitation Law”) shall be followed, which is the general law prescribing time bars for all legal actions to be
instigated in the Cyprus courts, including admi - ralty actions. Pursuant to the Limitation Law, the time bar period depends on the nature of the claim, as follows: • in a claim of breach of contract – six years from the date on which the cause of action accrued; • for civil wrongs (with certain exceptions including negligence and breach of statutory duty) – six years from the day of completion of the basis of the claim; and • in a claim in negligence – three years from the time the plaintiff sustained damage or where the negligence caused fresh damage continu - ing from day to day, from the time the dam - ages ceased to occur. The period of limitation can be suspended in the following circumstances: • where the claimant was prevented from com - mencing proceedings due to a moratorium or force majeure in the last six months of the applicable period of limitation; and • where the defendant or any other person for whom the defendant is responsible prevented the claimant from instigating proceedings in the last six months of the applicable period of limitation. The period of limitation can be reset in the fol - lowing circumstances: • where the obligor recognises in writing a right to an action against them; • in the event of a monetary debt, if the obligor pays at least 50% of the aggregate owed sum, including any accrued interest; • with the commencement of arbitration pro - ceedings; and
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