Court system
What is the structure of the civil court system?
All civil dispute claims are initiated in the district courts of Cyprus. Judges in the district courts are ranked as district judges, senior judges and presidents of the District Court. Claims are being allocated based on the claim value – €100,000, €100,000 to €500,000 and over €500,000 respectively. However, district and senior judges have also jurisdiction with respect to some property claims and claims relating to credit institution bonds bought between 2008 and 2013. Also, senior judges also have jurisdiction over accident claims and compulsory acquisition claims In 2022, a major reform of the Cypriot Court system took place, leading to the division of the Supreme Court of Cyprus into a Supreme Constitutional Court and a new Supreme Court as a third-tier appellate court. Moreover, the Court of Appeal was established as an intermediate appellate court. Additionally, Law 69(I)/2022 has been adopted, providing for the establishment of two new specialised courts, the Commercial Court and the Admiralty Court. Law stated - 30 May 2024
Judges and juries
What is the role of the judge and the jury in civil proceedings?
The Cypriot legal system is adversarial, as judges oversee that the trial adheres to procedural norms and that evidence is admitted in accordance with established evidentiary rules. There is no trial by jury in Cyprus. Signi:cantly, the introduction of the new Civil Procedure Rules (CPR) is expected to enhance the role of the judges, in the sense that they are granted more powers in respect to controlling the court proceedings, ensuring that no unreasonable extensions are requested by the parties, which may cause unreasonable delays to the progress of the proceedings. Law stated - 30 May 2024 Limitation issues What are the time limits for bringing civil claims? The limitation periods for bringing civil claims are provided in the Law 66(I)/2012 (the Limitation Law). The general limitation period for claims founded on tort or contract is six years. However, shorter limitation periods apply for speci:c torts, such as negligence (three years), nuisance (three years), breach of statutory duty (three years), defamation (one year) and malicious falsehood (one year). There is no provision in the Limitation Law allowing for parties to agree to suspend time limits. Section 13 of the Limitation law, however, states that a limitation period is suspended in the following circumstances:
for as long as a claimant was prevented by reason of force majeure from bringing the claim within the last six months of the limitation period';
for as long as within the last six months of the limitation period the defendant or a person for whom the defendant is liable prevented the claimant from bringing a claim' ;
in the event of death of a bene:ciary to bring a claim, the suspension shall last until three months after the appointment of an executor or administrator of the deceasedW estate' ;
where, in accordance with the provisions of the applicable law on mediation, mediation is deemed to have been initiated and for the duration of such procedure.
Moreover, the court may extend a limitation period for up to two years if it considers this to be just and reasonable. This is subject to the provision that no claim may be brought after the expiration of 10 years from the date on which the relevant cause of action was completed.
The limitation periods prescribed in the Limitation Law do not affect the limitation periods with respect to speci:c types of claims prescribed in other statutes.
Law stated - 30 May 2024
Pre-action behaviour
Are there any pre-action considerations the parties should take into account?
With the new CPR, pre-action protocols must be followed before legal proceedings are commenced. Regarding claims for a liquidated sum, the claimant must send to the proposed defendant a demand letter, which shall include details of the facts on which the claim is based, any relevant documentation, the outstanding amount owed to the claimant, as well as any legal interest, if applicable. The proposed defendant must respond within 14 days of receiving the demand letter, and if he or she does not admit the claim, should set out the reasons why the claim is not admitted, attaching all relevant documentation relating to the claim. The same applies with respect to claims arising from traFc accidents or claims for personal injury, with the proposed defendant responding within 28 days of receipt of the letter.
In circumstances where the claim to be brought does not fall within any of the above prescribed protocols, the claimant must still send a demand letter to the proposed defendant, setting out the details of the claim.
Courts may take into account the partiesW failure to comply with the pre-action conduct and impose sanctions on them. Law stated - 30 May 2024 Starting proceedings
How are civil proceedings commenced? How and when are the parties to the proceedings noti,ed of their commencement? Do the courts have the capacity to handle their caseload? Do the courts charge a fee for starting proceedings or issuing a claim?
There are two methods of commencing civil proceedings under the new CPR. The :rst one involves the :ling of a claim form, in accordance with Part z of the CPR. The second involves the :ling of a claim form pursuant to an alternative procedure set out in Part 8 of the CPR, where there is no material dispute as to fact, or where this is required by a speci:c rule.
As regards the method of service to the defendant, any pleading and other court document must be served by a private process server. However, the claim form may be served within the jurisdiction to the defendant by such method and such place as the parties have agreed in writing.
Until the reform that took place in the Cypriot legal system, the accumulated backlog of cases severely affected the eFciency of the Cypriot justice. The reform of the Cypriot legal system and the introduction of the new CPR aims to clear the backlog of cases with a view to accelerating the administration of justice.
With respect to the fees for starting proceedings or issuing a claim, the amount of such fees depends on the scale of the claim.
Law stated - 30 May 2024
Timetable
What is the typical procedure and timetable for a civil claim?
Once a claim form is :led by the claimant, if the statement of claim is not :led together with the claim form, then it must be :led within 28 days from service of the claim form on the defendant. Once served with the claim form, the defendant must :le a memorandum of appearance, either within 14 days of service of the claim form on him or her, or within 14 days of the service of the statement of claim on him or her (when upon service of the claim form it is stated that a statement of claim will follow).
Once a statement of claim is :led, the defendant must :le his or her defence within 28 days from the :ling of the memorandum of appearance. It is noted that the court has the power to extend the time of :ling of the defence. Any reply to the defence (or defence and counterclaim) must be :led by the claimant within 14 days of the delivery of the defence to him or her.
Once the pleadings are concluded, the case proceeds to the case management stage.
Law stated - 30 May 2024
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Originally published by Lexology.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.