LITIGATION
Civil Litigation & Dispute Resolution
We recognize that legal disputes are an inevitable part of both Personal and Business life.
We are dedicated to providing effective, strategic, and client-focused solutions to resolve conflicts and Court Cases timely, efficiently, favorably and financially reasonable.
Our Services
Case Assessment and Investigation:
Interviewing Clients and/or witnesses, gathering evidence, and assessing the merits of the case to determine the best course of action.
Drafting Pre-Court Letters, Official Letters and Formal Correspondence:
Official Letters to clients, authorities, or third parties, or pre-court letters- as demand letters or notices of intent to sue- to initiate or attempt to resolve disputes before filing a lawsuit.
Pleadings and Legal Documentation:
Drafting of essential legal court documents such as Claim Form, Defence, Answers, Applications and Affidavits requesting interim orders, Witnessing and Disclosing Documents Statements, which outline the parties’ positions and legal arguments, in accordance with the relevant Laws and Regulations.
Important Note: Cyprus Courts have adopted New Civil Regulations, which came into force in 2023.
The New Regulations applied to Appeals submit from July 2023 onwards and to first instance civil cases submitted from September 2023 onwards.
First Instance Civil Cases and Appeals submitted before the adoption of the New Civil Regulations are governed by the previous Civil Regulations until their conclusion.
Initial Court Appearances for Directions for the Case Progress:
The Court Judge sets timeframes for the exchange of pleadings, documents, affidavits, application objections, scheduling hearings, requesting the presence of the Parties, and ensuring that the proceedings progress efficiently.
Requesting Experts Reports:
Consult with Experts in fields such as, medicine, engineering, or finance or any other, to support our client’s case, if and when needed. The Experts provide professional opinions based on the evidence. These reports can be used to clarify complex issues and are shared between the parties and the Court during the case legal proceedings.
Negotiation and Settlement:
Settlement Discussions to resolve disputes outside of court, aiming to reach an agreement before and/or during the filing of a court case and/or the commencement of the Hearing stage of the court case.
While negotiations are informal, If the Parties reach an agreement, they can formalize it in a Settlement Agreement and/or declare the content of their Agreement at the Court, and upon the Court’s approval, the content of their Agreement to be included and issued as formal Court Decision.
Pre-Hearing Case Preparation:
Preparation of legal arguments, summoning witnesses, witnesses written declarations, evidence, expert reports, and cross-examining questions.
Case Hearing:
Presenting witnesses and evidence, examining witnesses, and making persuasive written Arguments referencing to binding Caselaw and Legislation, to achieve a favorable outcome.
Civil Litigation
Resolve Disputes between individuals or legal entities.
Areas of Practice:
• Contract Law
When a Party fails to perform their obligations under a contract-breach of contract-, the Innocent party may file a legal action in court to enforce the provisions contract-specific performance-, or seek rescission, or damages in any form, including liquidated damages, or interim and final injunctions, or obtain other remedies.
*Such contracts might be, Sales agreements for Goods or Services -including invoices or statement of accounts unpaid-, Construction Agreements, Franchise Agreements, Loan Agreements, Tenancy Agreements, Confidentiality Agreements or any other type of agreement whether conducted writing or orally.
• Property Law
When Disputes related to real estate or property arise, concerning Ownership, Use, Transfer, and Tenancy of property or Boundaries, Easements and Rights of Way, Zoning, Property Damage, Construction Defects, Trespassing, Breach of Management’s Committee’s Regulations in Co-Owned Buildings and Outstanding Communal Expenses of property, or even involve Real Estate Fraud (misrepresentation or fraudulent activities), or occur as a result of Inheritance ,theInnocent party may file a legal action in court requesting:
Damages, Specific Performance, Injunctions, Rescission of Contract, Full Payment of Communal Expenses, Cancellation of Property Transfer Dispute, Correction of Zoning Violations or Unauthorized Use, Eviction, Removal of Boundaries Encroachments, where applicable.
• Inheritance Law
When Disputes related to an Inheritance, the estate of a Deceased person arise, concerning the Validity-undue fraud, or lack of capacity- or Interpretation of a Will, Succession, Management of the Estate by the Executor or Administrator, and claims against the Estate, -Creditors-, theInnocent Interested party may file legal proceedings in the Court:
Contesting the validity of the Will, or requesting Recognition of the Heirs, or Removal or Replacement of the Executor or Administrator, or Damages.
• Banking Law
When Disputes related to Banking Contracts or Policies arise, concerning breach of Contract, Misrepresentation, Fraud, Usuary Interests, Risk of an Investment or other product (Loan Agreements in Foreign – Swiss Franc),Unauthorized charges, Hidden fees, systemic violations, the Innocent party may file legal proceedings in the Court requesting:
Damages, Rescission of Contract, Restitution, Injunctions, Declaratory Judgment about the balance of the Loan deducting Usuary Interests.
• Tenancy Law
When Disputes related to Tenancy arise, concerning breach of Contract, Rent Non- Payment, Delivery of the Premises back to the Landlord, Eviction, Property Use, Deposits, Maintenance and Repairs, Rent Increases, the Innocent party may terminate the lease and or file legal proceedings in the Court requesting:
Court Order for the payment of rent, damages, or costs, Compel repairs or Specific Performance, Grant injunctions to stop unlawful actions, or, Award possession of the property-eviction.
• Tort Law
When Disputes related to civil wrongs or wrongful acts that cause harm or loss to an individual or their property arise, concerning for example, Negligence, Nuisance, Trespass to Land, Defamation, Assault and Battery, theInnocent party may file legal proceedings in the Court requesting:
Damages, Injunctions, Restitution, Declaratory judgment, Restoration of property, Specific performance.
• Personal Injury Law
When Disputes arise related to Individuals suffer, physical or psychological harm, due to the Negligence, recklessness, or intentional acts of others, concerning for example, Motor Vehicle Accidents, Medical Malpractice, Workplace Injuries, the Innocent party may file legal proceedings in the Court against the Wrongdoer -and or his/her Insurance– requesting:
Damages, Medical expenses, Lost wages and future earnings (for income loss).
Pain and suffering (for physical and emotional harm), Injunctions.
• Family Law
When Disputes arise related to family matters arise, concerning for example, divorce, child custody, child support, spousal support, property division, adoption, Paternity, Grandparents’ Rights, Relocation, the Interested party may file legal proceedings in the Court requesting:
Court Orders for Custody, or Child Support, or Spousal Support, or Property Division, adoption, Paternity, Grandparents’ Rights, Relocation, Amending Court Orders of the above, or Injunctions.
• International Litigation
- When Recognition and Enforcement of Foreign Judgments arise, the Interested Party may file legal proceedings in the Court requesting among others:
Declaratory Judgment for Recognition of the foreign judgment and or Court Order for Enforcement of the foreign judgment.
- When Disputes related to International Contracts arise, concerning the Applicable Law and the Jurisdiction, the Innocent Party may file legal proceedings in the Court requesting:
Declaratory Relief, Injunctions, Damages, Restitution, Specific Performance.
Legal Aid is available to almost Everyone, and, concerns Individuals who cannot afford legal representation and are in financial need. When it comes to criminal litigation is granted upon request, when Individuals are accused of a serious offence and where imprisonment may be imposed.
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Litigation Benefits:
• Binding Decisions & Enforcement Mechanisms
Compelling parties to comply with the ruling.
• Impartial Decision-Making
Judges as neutral third parties, ensure fairness in the resolution process, and their decisions are based solely on the evidence and legal arguments presented.
• Comprehensive Disclosure Process
Enables Parties to obtain relevant documents, witness testimonies, and other evidence and promotes transparency helping in building a stronger case.
• Potential for Substantial Compensation
Might not be available through other dispute resolution methods.
• Public Record and Precedent
Promotes consistency and predictability in the legal system.
Dispute Resolution Benefits:
• Cost-Effectiveness
Often involves fewer procedural steps, reduced legal fees, and shorter timeframes, leading to overall cost savings for the parties involved.
• Time Efficiency
Typically faster than the conclusion of the court proceedings, which may extend over years.
• Preservation of Relationships
Encourages open communication and mutual understanding, where maintaining ongoing relationships is important, e.g., business partnerships or family matters
• Confidentiality
Sensitive information remains protected and is not disclosed to the public.
• Control Over the Outcome & Flexibility in Solutions
In litigation the outcome is depending on the Judge’s reasoning. In Dispute resolution, Parties can agree on remedies that address their specific needs and interests, leading to more satisfactory outcome.
*While Dispute Resolution offers numerous benefits, it may not be suitable for all types of disputes. Consult with a Legal Professional to determine the most appropriate route of action.
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FAQ
1. Why instruct a Litigator in Cyprus?
Litigators play a crucial role in the legal system by advocating for clients in disputes, navigating the complexities of litigation, and striving to achieve favorable outcomes through exercising their skills, including analytical thinking, research proficiency, strong writing and communication, courtroom experience and negotiation skills.
2. How long does a civil case take in Cyprus?
Civil cases in Cyprus can take approximately 4-6 years at first instance for full trial (reaching the Hearing stage), depending on the complexity and court workload.
3. What are the costs associated with litigation?
Litigation costs in Cyprus can include, Court fees, Legal fees, Expert fees and Disbursements.
The Losing party is typically ordered to pay the Prevailing party’s legal costs, but this is at the discretion of the court.
4. Can I Appeal a Court decision?
Yes, decisions made by the District Courts in Cyprus can be appealed to the Supreme Court within a statutory stated timeline. The appeal must be based on legal grounds, such as errors in law or procedure. The Supreme Court’s decision is final and binding.
5. Are there time limits for initiating a lawsuit?
Yes, Cyprus law imposes time limits, known as statutes of limitations, for initiating lawsuits, as per the Limitation of Actionable Rights Law of 2012. These limits vary depending on the type of claim.
It’s important to consult with a lawyer to ensure that the claim is filed within the applicable time frame.
6. How can I initiate a litigation case in Cyprus?
To initiate a litigation case, a statement of claim shall be submitted with the appropriate court. This document outlines the facts of the case, the legal basis of the claim, and the relief sought.
It’s advisable to consult with a qualified lawyer to ensure that the claim is properly drafted and filed in a timely manner.
7. What an Injunction is?
An injunction is a legal order issued by a Court that requires a person or entity to either do a specific act (mandatory) or refrain (prohibitory) from doing something. It is a powerful remedy used to prevent harm that cannot be adequately addressed through monetary compensation alone.
Injunctions are commonly used in situations involving property disputes, breaches of contract, or to protect individuals from harm.
There are different types of injunctions, including interim (temporary) injunctions granted before a trial to maintain the status quo, and permanent injunctions issued after a case is decided.
8. How are Pleadings served abroad?
The Court may allow substitute service (such as by email or courier) or service abroad. Relevant applications requesting the necessary court orders should be submitted.
9. What is dispute resolution?
Dispute resolution encompasses various methods used to resolve conflicts without resorting to traditional litigation. In Cyprus, common forms include Mediation, Arbitration and Negotiation.
10. Can Negotiation outcome be enforced?
Yes, if parties reach a settlement during Negotiation, they can request the court to issue an order making the agreement enforceable. This provides legal backing to the terms agreed upon.
11. How are the legal fees costs calculated?
The legal fees are usually calculated in accordance with the Cyprus Bar Association Regulations about Lawyer’s remuneration. However, the Client and the Lawyer might agree the lawyer’s fee to be calculated on an hourly rate or on a fixed quote.
*The above constitute general information and does not substitute professional legal advice or consultation, which shall be sought prior of taking any action.