This FAQ gives a practical overview of civil litigation in Cyprus under the New Civil Procedure Rules (CPR) that entered into force in 2023.
Which civil procedure rules apply now?
The New CPR apply to new first‑instance cases filed from 1 September 2023. They also apply in the Court of Appeal from July 2023. Courts may, in appropriate cases, draw on principles of the New CPR when managing older matters. Your lawyer will confirm which regime applies to your case based on filing date and forum.
Do the rules expect the parties to try settlement before suing?
Yes. The New CPR place strong emphasis on proportionality, cooperation and early resolution. Lawyers are expected to explore settlement, narrow issues, and consider Alternative Dispute Resolution (ADR) where suitable. This can influence costs and case management directions.
How is a civil claim started and served?
- Claims begin with a claim form and particulars of claim, filed at the competent District Court and served on the defendant.
- Service may be effected in Cyprus according to the CPR. Service out of the jurisdiction requires court permission unless a specific gateway applies.
- Defendants must file an acknowledgment/appearance and a defence within the time limits set by the Rules or by the Court.
What interim remedies are available?
- Interim injunctions, including freezing (Mareva) orders and disclosure‑oriented orders (e.g., Norwich Pharmacal‑type relief), where the tests are met.
- Preservation and inspection orders in relation to property or evidence.
- Interim payments in appropriate monetary claims, subject to the court’s discretion and the CPR criteria.
How do settlement offers work under the New CPR (Part 35)?
- Any party may make a written Part 35 offer to settle all or part of a claim on specified terms.
- An accepted offer will usually stay the claim on those terms. If approval is required (e.g., for protected parties), the stay takes effect when the court approves.
- If an offer is not accepted and the offeror does better (or no worse, as applicable) at trial than its own offer, the court may make costs orders reflecting that position.
- Part 35 offers are typically made “without prejudice save as to costs” so their existence may be referred to after judgment for costs purposes.
What is the difference between settlement offers and payments into court (Part 36)?
- Part 36 deals with payments into court and related acceptance mechanics. It is distinct from Part 35 settlement offers.
- A defendant may pay money into court in satisfaction of a claim for money. Acceptance of the sum in accordance with the Rules can resolve the monetary aspect on set terms.
- The court’s costs orders will reflect the timing and level of any payment into court and the parties’ conduct.
What should I expect on case management?
- Early case management conferences where the judge sets a timetable tailored to the dispute.
- Obligations of proportionality and cooperation—parties should agree sensible directions and avoid unnecessary applications.
- Strict compliance with deadlines; unjustified delays may attract adverse costs orders.
How is evidence handled?
- Pleadings define the issues; each side then gives disclosure of the documents they rely on and those which adversely affect or support any party’s case, subject to privilege.
- Factual evidence is usually by way of written witness statements with exhibits, and oral cross‑examination at trial.
- Expert evidence requires permission and is limited to what is reasonably required to resolve the issues.
How long does a case take to reach a hearing or trial?
Timeframes vary with court workload, complexity, interim applications and party conduct. The New CPR aim to accelerate disposition compared to the old regime. Simple debt actions can resolve in months; multi‑party commercial disputes may take longer. A realistic timetable is set at the first case management stage.
Who pays the costs?
- Costs generally follow the event: the successful party is usually awarded a proportion of its legal costs, subject to the court’s discretion.
- Conduct matters. Unreasonable refusal to engage in settlement or ADR can affect costs.
- The court may make issue‑based or stage‑based costs orders and can assess costs summarily or on detailed assessment.
Can I appeal?
Appeals are available on points of law and, in some instances, on findings of fact, subject to the CPR and any statutory restrictions. The notice of appeal and the record must be prepared strictly within the time limits. Costs and stay pending appeal are at the court’s discretion.
How does the court deal with arbitration‑related applications (Part 44)?
- Part 44 provides the framework for court applications connected to arbitration, including stays of court proceedings in favour of arbitration where an arbitration agreement exists.
- It also addresses applications concerning the enforcement or challenge of arbitral awards, alongside the applicable arbitration legislation and international instruments.
- The availability and scope of relief depend on the seat of arbitration, the agreement and the relevant statutes (domestic and international).
How are judgments and orders enforced?
- Domestic enforcement includes writs of movable property, charging orders over immovable property, garnishment of debts, and other mechanisms permitted by law.
- Foreign judgments and arbitral awards may be recognised and enforced under EU instruments (where applicable), bilateral treaties or domestic statutes, subject to conditions such as jurisdiction, proper service and public policy.
Practical tips to improve outcomes
- Preserve documents from day one—email, messages, contracts and invoices.
- Be realistic about settlement. Well‑timed Part 35 offers or appropriate payments into court under Part 36 can manage risk on costs.
- Keep instructions clear and prompt to avoid missed deadlines and unnecessary hearings.
Our Services
- Early case assessment and strategy, including ADR options and cost‑risk analysis.
- Drafting and filing claims, defences and interim applications; advocacy and instructing counsel.
- Settlement strategy under Part 35 and payment‑into‑court strategy under Part 36.
- Arbitration‑related court work under Part 44 (stays, interim relief, recognition and enforcement).
- Enforcement of judgments and awards, including cross‑border matters.
For tailored advice on your matter, please contact our litigation team. We will assess your case and propose the most efficient route to a result.
