Cyprus Law | Security of Costs Court Case Hurdle Overcome

WITHOUT PREJUDICE

Cyprus Law | Security of Costs Court Case Hurdle Overcome

We arrived at court yesterday just before 9.30 am.

The cases started to be heard some time later. Considering it is the summer recess it was very busy, but one thing that was different from the normal was that the Advocates were not wearing their black gowns. Perhaps this a concession to the heat or just the fact that it is in fact summer recess.

After some bargaining outside the court between the advocate for the defendant and my friend’s advocate, it was agreed that my friend would put 5000 lira into an account with her bank as a Guarantee bond for security of costs, and in return the defendant would not oppose the Injunction being made permanent. This was done to avoid two hearings by the judge, the first for her to decide whether security of costs was necessary. The fact that my friend has lived here continuously for over two years, has satisfied the Ministry of the Interior that she does indeed qualify for residency. The advocate for the defendant pointed out that in the passport it said visitor on the residency stamp. Yes indeed it does, but it says that if you rent here or hold your title deeds, and had she held her title deeds, then the other side would not have had a case at all. How very strange the interpretation of the rules is, when this is allowed to happen. The other hearing would have been to decide whether to make the injunction permanent.

So by giving the bond for security of costs, another subtle form of what we formed a group to protest against has happened, but to push things along my friend agreed to it.

We then went back into court and the Judge was informed of this. The Judge then directed my friend’s advocate to submit her ‘pleadings’ which means the written details of the case against the defendant. The other side will see this and then enter their defence in writing.

The Guarantee bond must be in place by the 12th August, when the ‘pleadings’ and the defence papers are submitted a further date will be given.

Pauline Ann Read

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