Litigation, Elias Neocleous & Co LLC updates

Cyprus

Contributed by Elias Neocleous & Co LLC
First-instance courts must evaluate testimony adduced during hearings
  • Cyprus
  • 26 May 2020

In a recent appeal, the Supreme Court ruled that the first-instance court could not ignore testimony adduced during a hearing without having evaluated it. In its decision, the Supreme Court stressed that where there is a disagreement as to the substantive facts of a case, the evaluation of testimony is the cornerstone of any decision. The absence of judgement as to whether a substantial witness has told the truth will render the court's decision incomplete.

Cyprus convicted and fined for 26-year-old soldier's death
  • Cyprus
  • 05 May 2020

The European Court of Human Rights (ECHR) recently sentenced Cyprus for the death of a 26-year-old soldier. The ECHR found that the Cypriot authorities' investigation into Athanasios Nicolaou's death had infringed Article 2 of the European Convention on Human Rights. Consequently, the ECHR awarded his family €32,000 in non-pecuniary damages.

Court procedure for evicting defaulting tenants amended
  • Cyprus
  • 17 March 2020

The law on property rental in Cyprus appears to have been unfairly weighted in favour of tenants for some time, as defaulting tenants have been legally entitled to remain in a property without paying their legally due rent until the hearing of an application for recovery of possession before the Rent Control Court. However, the recent amendment of the Rent (Control) Law seeks to resolve the problem of landlords who have had to deal with such tenants.

Supreme Court rejects EAW cancellation request: appellant's individual rights not absolute
  • Cyprus
  • 07 January 2020

The Supreme Court recently rejected a Greek appellant's request for the annulment of a European arrest warrant (EAW) which had been issued against him in order to investigate alleged criminal offences. Although the court erroneously accepted the appellant's appeal of the ne bis in idem principle (ie, the prohibition of double jeopardy), it rightly concluded that Cyprus was not prevented from executing the EAW by investigating the case against the appellant.

Guarantee for faithful execution of tenancy lease agreement does not cover statutory tenancy period
  • Cyprus
  • 17 December 2019

In a recent appeal case, the Supreme Court ruled that the wording of a guarantee signed in respect of a tenancy lease agreement did not fall within the context of an explicit commitment to cover the statutory tenancy as well. Therefore, it could not be concluded that the parties intended to extend the guarantee to this form of tenancy and that the guarantor was committed to pay the rent during said period.


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