CYPRUS Law and Practice Contributed by: Kyriacos Scordis, Alexandros Gavrielides, Chara Pieri and Demetris Yiannakou, Scordis, Papapetrou & Co LLC
4.4 Requirements for Interested Parties to Join a Lawsuit Interested parties not named as a claimant or defendant may join a lawsuit if: • the joinder of such parties is desirable in order for the court to be able to determine all matters in dispute between all affected par- ties; or • there is an issue between the interested party and a party to the proceedings which is closely connected with the matters in dis- pute and the joinder of the interested party is desirable in order for the court to be able to determine this issue. 4.5 Applications for Security for Defendant’s Costs A defendant (or a claimant in a counterclaim) may apply for an order ordering the provision of security for costs by the claimant in order to ensure that it will be able to recover the litigation costs from the unsuccessful party. An order ordering the provision of security for costs will only be granted if the claimant is not ordinarily resident in Cyprus or another EU mem- ber state and there is a genuine concern that the defendant will be unable to enforce a costs order made in their favour. 4.6 Costs of Interim Applications/ Motions Cypriot courts have broad discretion in awarding costs associated with interim applications. The general rule is that the costs will be awarded in favour of the successful party and against the unsuccessful party. 4.7 Application/Motion Timeframe The timeframe for a court to deal with an appli- cation can vary significantly depending on the
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 successfully defending the claim or issue; and • there is no other compelling reason why the case or matter should be decided at trial. Judgment on the Basis of Admissions 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 admis- sions without waiting for any other matter between the parties to be determined. The Court’s Power to Strike Out a Claim or Defence 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 otherwise 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: • applications for the issuance of a summary judgment or judgment on the basis of admis- sions; • applications for the dismissal of the action for want of prosecution; and • applications to strike out the other party’s case.
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