By: N. Pirilides & Associates LLC
Expert legal representation in Cyprus: Secured €1.5M judgment, upheld civil procedural rules and prevented fraud in complex enforcement case.
Our Firm had the privilege of representing the judgment creditor in a complex and high-value matter before the Cypriot Courts. In a case involving a judgment debt exceeding €1.5 million, the Cypriot Courts were called upon to exercise their inherent jurisdiction and discretion under the Civil Procedural Rules of 2023. The judgment creditor, represented by our Firm’s Partner, Savvas Theofanous, initiated proceedings against the judgment debtor who had transferred the entirety of his shareholding in a company to his spouse—an apparent attempt to evade enforcement.
Seeking to annul this fraudulent transfer, obtain a charging order and appoint an interim receiver, the claimant faced a procedural challenge by the defendant’s lawyer who, despite failing to comply with the current procedural requirements proviced by the Civil Procedural Rules of 2023 (the ‘2023 Rules’), argued that the proceedings should fall under the former procedural rules that governed the original dispute. This was a clear tactical maneuver aimed at delaying enforcement proceedings and avoiding the streamlined framework introduced by the 2023 Rules.
In an early preliminary hearing, the Court affirmed that the proceedings had been properly initiated, rejected the defendant’s procedural objection, and directed the defendant to comply with the 2023 Rules. This ruling is a clear reflection of the Cypriot Court’s commitment to upholding the integrity of the judicial process, preventing abuse of procedural tactics, and exercising its inherent powers decisively in the pursuit of justice. This ruling also underscores the efficiency, discretion, and responsiveness of the Cypriot judiciary when exercising their inherent jurisdiction, particularly under the framework of the 2023 Rules.
