Ex-Parte Injunctions and the Right to File Writs of Certiorari in Cyprus
Under Cyprus law, any person affected or influenced by an ex parte injunction, has the right to apply ex parte to the Supreme Court of Cyprus for permission to file a Writ of Certiorari seeking to quash such ex parte injunction.
To obtain this extraordinary remedy, the applicant must demonstrate the existence of exceptional circumstances and establish one or more of the following grounds:
- Violation of the rules of natural justice;
- Lack of urgency justifying the issuance of the ex parte interim relief by lower Court;
- Ultra vires acts or errors of law, apparent on the face of the Court record;
- Lack of jurisdiction of the lower Court;
- Prejudice or interest by the Judge issuing the Court order; or
- A Court order obtained through perjury.
In a recent multi-jurisdictional dispute, involving assets valued between Euro 3-5 billion, our law firm, acting on behalf of certain Respondents to the Cypriot ex parte Injunctions, succeeded in obtaining ex parte permissions from the Supreme Court of Cyprus to file Writs of Certiorari to quash multiple ex parte injunctions issued by the lower Courts at different times.
These injunctions had been obtained by the Applicant, blocking, inter alia, the disposal of assets, controlled through Cypriot companies and situated in Poland, as well as blocking the convention of shareholders’ meetings of Polish companies. These injunctions were issued in support of substantive proceeding, which the Applicant intended to initiate before the Liechtenstein Courts.
The Supreme Court of Cyprus granted the requested permissions for filing of the Writs of Certiorari and suspended the validity of the ex parte injunctions issued by the lower Courts, pending the hearing of the Certiorari Applications.
The Court reached its decision on the following, inter alia, grounds:
- The Cypriot ex parte injunctions, were in conflict with prior orders and decisions of the Liechtenstein Courts, which had already assumed jurisdiction as the natural forum of adjudication of the substantive dispute between the parties. The issuance of conflicting Cypriot orders was therefore found to be in breach of the principle of international judicial comity;
- Violation of the rules of natural justice, and lack of urgency justifying the issuance of ex parte relief without notice to the respondents.
The Supreme Court was satisfied that exceptional circumstances existed, warranting the granting of such ex parte permissions, given, inter alia, its finding, that there was a prima facie violation of the doctrine of comity.
For further information on this topic please contact
Mr. Soteris Pittas( [email protected] ) at SOTERIS PITTAS & CO LLC
by telephone (+357 25 028460) or by fax (+357 25 028461)
