FAQ LITIGATION & DISPUTE RESOLUTION
CIVIL LITIGATION & DISPUTE RESOLUTION
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.