Civil Claims Court Process in Cyprus (2023 Rules)

This guide summarises how a civil claim proceeds through the Cyprus courts under the new Civil Procedure Rules that came into force on 1 September 2023. Civil claims include, for example, claims for breach of contract, breach of intellectual property rights and shareholder disputes, where the court can give judgment for money or order a party to do or to stop doing something.

Summary

Cyprus civil procedure was reformed on 1 September 2023, when a completely new set of Civil Procedure Rules, closely modelled on the English rules, replaced the previous regime. The new rules apply to cases filed on or after that date. They introduce an overriding objective, which requires the court to deal with cases justly and at proportionate cost, and they give the court a much more active role in managing the progress of a case.

The 2023 Civil Procedure Rules

The central idea of the new rules is active case management. Instead of leaving the pace of litigation largely to the parties, the court now sets a timetable, controls the steps in the case, and expects the parties to cooperate to resolve the dispute efficiently. The aim of the reform is to shorten the historically long life of a civil case and to encourage settlement wherever possible.

Pre action protocols

One of the most important changes is the introduction of pre action protocols, which apply before a case is even filed. The parties are expected to exchange information through standard letters so that each side understands the other's position and settlement can be explored early. For the protocol that applies to specified monetary claims, the defendant must acknowledge the letter of claim within 14 calendar days of receiving it and indicate when they will respond in full.

Starting a case in Cyprus

A case is commenced by filing a claim form at the competent District Court. The claim form is supported by particulars of claim, also called the statement of claim, which sets out the facts and the remedies the claimant seeks. The claim form and the particulars of claim are then served on the defendant.

Appearance and defence by the defendant

Once served, the defendant must file a memorandum of appearance within 14 days of service. The defendant must then file a defence, in which they set out the facts on which they deny the claim and give details of any counterclaim, within 28 days of filing the memorandum of appearance. If the defendant fails to file an appearance or a defence within the time limits set by the rules or by the court, the claimant can apply for judgment in default.

A judgment given in default of appearance or defence may be set aside if the defendant can show a good reason for the failure and an arguable defence on the merits. If the application to set aside succeeds, the case continues. If it is refused, that is the end of the matter unless an appeal is filed.

Case management and disclosure

After the statements of case are filed, the court manages the case towards trial. A key stage is disclosure, which replaced the older process of discovery. Each party first carries out general disclosure of the documents that are relevant to the issues in the case. A party may then request specific disclosure from another party, where there is a proper reason to believe that the other party holds particular documents that may support or undermine a party's case.

Hearing

Once case management and disclosure are complete, the case is set down for hearing. Cyprus civil cases have historically taken several years to reach trial, and one of the central purposes of the 2023 reform is to reduce that delay through active case management and earlier settlement. At the hearing the claimant presents their witnesses first, and each witness is cross examined by the defendant's lawyer. The defendant's witnesses then testify and are cross examined by the claimant's lawyer. After the evidence, the lawyers make their legal submissions in writing or orally.

Costs

Each party agrees its own fees with its lawyers. The general rule is that costs follow the event, so the losing party normally pays the winning party's costs in addition to their own. The costs recoverable from the losing party are assessed by the court registrar according to the scales and guidelines of the Cyprus Bar Association, and the registrar may award less than the full amount the winning party paid its lawyer.

Enforcement of judgments in Cyprus

Everyone must comply with a court order made against them. If an order is not obeyed, the person can be liable for contempt of court, which is a quasi criminal process. Where a judgment debtor cannot pay immediately, there are several enforcement mechanisms, including payment by monthly instalments and the sale of movable and immovable assets.

A Cyprus judgment can also be enforced against a defendant's assets abroad. Under the Brussels Regulation (Recast), Regulation (EU) 1215/2012, judgments given in one member state are recognised in the other member states without any special procedure.

Note: This guide contains general information and does not substitute for professional advice, which should be sought before taking any action.