CYPRUS Law and Practice Contributed by: Kyriacos Scordis, Alexandros Gavrielides, Chara Pieri and Demetris Yiannakou, Scordis, Papapetrou & Co LLC
10.5 Court-Imposed Conditions on Granting an Appeal No conditions can be imposed in relation to appeals filed in the Court of Appeal. As regards appeals to the Supreme Constitutional Court of the Supreme Court, where leave to appeal is required, the court granting leave to appeal may limit the legal issues with respect to which leave is granted. 10.6 Powers of the Appellate Court After an Appeal Hearing The Court of Appeal has the power: • to affirm, set aside or vary the decision or order of the first instance court; • to order a re-trial and specify the mat- ters required to be determined by the first instance court; and • to issue appropriate orders with regards to costs and payment of interest. 11. Costs 11.1 Responsibility for Paying the Costs of Litigation The courts have a wide discretion with regard to costs. As a rule, the costs are awarded to the successful party. However, the costs awarded are currently calculated with reference to the amounts set out in the Regulations issued by the Supreme Court of Cyprus (which are linked to the amount of the claim before the Court). These amounts are low and usually represent only a fraction of the successful party’s actual costs in complex, high value commercial disputes. The CPR contain more detailed provisions as to the kinds of costs orders that the court may make and the factors which the court should take into account in exercising its discretion. The
Such an appeal may only be filed with the leave of the Supreme Constitutional Court or the Supreme Court, which will be granted only in relation to legal issues and only in cases where the legal issues in question concern the interpre- tation of a legislative provision of wider public importance or concern matters of wider public importance or are issues in relation to which there are conflicting judgments of the Court of Appeal. 10.2 Rules Concerning Appeals of Judgments Please refer to 10.1 Levels of Appeal or Review to a Litigation . 10.3 Procedure for Taking an Appeal An appeal against an interim judgment must be filed within 14 days from the date of the issu- ance of such judgment. An appeal against a final judgment must be filed within 42 days from the date of issuance of such judgment. The rel- evant deadlines may be extended by the court in exceptional circumstances. 10.4 Issues Considered by the Appeal Court at an Appeal The Court of Appeal will only consider the grounds of appeal set out in the appellant’s Notice of Appeal. Points that were not raised at first instance cannot be raised at an appeal. The Court of Appeal will review the first instance decision and will only intervene if it finds that the first instance court made an error of law or made findings which are manifestly inconsistent with the evidence that was placed before it. The Court of Appeal will not usually interfere with the first instance court’s conclusions with regards to the credibility of the witnesses unless such con- clusions are arbitrary or manifestly unjustified.
339 CHAMBERS.COM
Powered by FlippingBook