CYPRUS Law and Practice Contributed by: Kyriacos Scordis, Alexandros Gavrielides, Chara Pieri and Demetris Yiannakou, Scordis, Papapetrou & Co LLC
• is made for interim relief which the Cypriot court has jurisdiction to grant under the appli- cable law; • is made for the registration and/or enforce- ment of a judgment or arbitral award; • is brought in relation to a trust governed by Cypriot law; or • relates wholly or mainly to immovable prop- erty situated in Cyprus. If the court considers that service via one of the regular methods described above cannot be effected in a timely manner, it may grant any order permitting substituted service as it may deem just and proper including service through fax or email or publications in any electronic means. The extent to which the court’s power to permit substituted service may be affected by the provisions of applicable bilateral or mul- tilateral treaties or conventions regulating the service of judicial documents. 3.6 Failure to Respond In the event of default of appearance, the claim- ant 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 Memorandum of Appear- ance 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 applica- tion for judgment in default of appearance can be made ex parte. In the event of default of defence, the claim- ant may secure, upon filing an application, a judgment against a defendant who failed to file defence to the claim or counter claim within 28 days from the date of the service of the Memo- randum 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 in relation to collective actions. However, where there are numerous persons having 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 representative and for the benefit of all interested persons. 3.8 Requirements for Cost Estimate There is no express provision requiring lawyers to provide 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 be said to require lawyers to provide a cost estimate if the client so requests to the extent that this is practi- cally 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 convenient in the circumstances of the case. 4.2 Early Judgment Applications 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. 4. Pre-trial Proceedings 4.1 Interim Applications/Motions
330 CHAMBERS.COM
Powered by FlippingBook