Civil & Commercial Disputes
Our law firm’s services include:
• Administrative Law.
• Banking and Finance Disputes.
• Construction Disputes.
• Commercial and Contract Disputes.
• Debt Collection.
• Employment Disputes.
• Family and Matrimonial Disputes.
• Fraud.
• Insurance Disputes.
• Landlord and Tenant Disputes.
• Personal Injuries.
• Real Estate Litigation and Planning Disputes.
• Tax and VAT Disputes
Administrative Law
Our written Constitution makes an explicit reference to the jurisdiction of the Supreme Court, in order to deal with matters of administration. More specific:
Article 146
The Supreme Constitutional Court acquires exclusive jurisdiction to decide on any appeal against a decision of an Administrative Court which has exclusive jurisdiction to decide on any appeal against a decision of an Administrative Court which has exclusive jurisdiction to decide in the first instance on any action brought by a decision, act or omission of an institution or because it is contrary to the provisions of the Constitution or the law or has been done in excess of or abuse of power of a body entrusted to that body or authority or person.
The action shall be brought by any person directly challenged by a decision, act or omission of the same interest as the present interest, whether it is acquired either as an individual or as a member of a community.
Upon such an appeal, The Administrative Court may, by its decision, ratify, in whole or in part, such decision or act or omission or declare the decision or act in whole or in part invalid and devoid of any effect or to declare the omission in whole or in part invalid and all that the omission appears to have been executed or to amend in whole or in part the decision or act as the law of the Administrative Court, whether it relates to a tax matter or is a decision relating to a procedure of international protection under European Union law.
Procedure
When the applicant files the application, the respondent must file an opposition in the time frame of 21 days. Both parties file written submissions, specifying the reasons of this dispute. Continuing, the case is set for final clarifications and the filing of the administrative file at Court. In that stage, the judgement is reserved and parties are notified by the Court Registrar when judgement is to be given.
Our law firm’s extensive knowledge in the Administrative matters, makes us ideal to undertake and represent both petitioners and respondents in the Supreme Court of Cyprus.
Corporate Litigation
Our extensive knowledge in both corporate law and corporate litigation, makes us ideal to protect and represent you in the competent Courts of Cyprus.
Our Services:
• Shareholders Disputes and Derivative Actions.
• Breach of Share Purchase and Shareholders’ Agreements.
• Protection of Minority Shareholders’ Rights.
• Dead End situations between Shareholders.
• Removal and Replacement of Board of Directors by Shareholders.
• Disputes over Joint Ventures, Post M&A Disputes.
• Corporate Governance Violations and Rectifications.
Defamation, Libel and Slander
In the Republic of Cyprus, the definition of defamation is given by the Article 17 of the Civil Offences Law Cap. 148.
“Defamation consists in the publication by any person of print, writing, painting, imitation, gestures, words or other sounds, or by any other means of any nature, including telephony and telegram publication, attributes to another person a crime or attributes inappropriate conduct to another person in a public position, or by its nature tends to harm or adversely affect the reputation of another person in his profession, occupation, work, employment, or position, or may expose another person to general hatred, contempt or ridicule, or may cause the reversal or avoidance of any person by others.”
Libel and Slander are forms of Defamation. Both are defined as publicly making false or misleading statements about some other person.
Libel is written statement of false and malicious content about someone else. Such statement may be made in writing or through pictures or other type of printed material.
Slander is a spoken statement of false and malicious character, about someone else.
In order to successfully prove a case of defamation all three (3) constituent elements of the offence to be fulfilled:
• By its very nature tends to harm or adversely affect the reputation of another person in his profession, occupation, work, employment, or position; or
• May expose another person to general hatred, contempt or ridicule; or
• May cause the reversal or avoidance of any person by others.
Our law firm will assist and guide you through your on-going representation about defamation, libel and slander matters. We are experienced enough to represent you for a quick and straightforward way-out.
Financial Crime
Financial Institutions, Investment Firms, Companies, Forex Brokers and Dealers, Portfolio Managers and generally any other legal entity or physical person who is or should be authorized to offer such services to the public, can be found liable for fraudulent wrongdoing and regulatory violations.
Our law firm has an extensive knowledge and expertise in Financial Crime cases in the Republic of Cyprus, representing either the above mentioned Institutions and Companies, or the innocent parties, such as investors whose money have been lost for been mislead.
In the latter case, we have the knowledge and expertise of filling financially and regulatory technical court claims as well as reports to relevant regulatory authorities, such as: CySEC, Central Bank of Cyprus, Financial Intelligence Unit (MOKAS) and Police, elaborating on any financial misconducts which may have been committed by the alleged wrongdoer.
Cyber Crime
In the Digital era we currently living in, our assets have been take the digital form, instead of the tangible one. Our most valuable possessions are kept in virtual vaults, such us data storages called “clouds”. Such “cloud” vault storage technology, is still exposed to cyber crime, which might be exploited by persons, who seek unlawfully and without permission from or by the owner of the asset, to acquire or to access the system in order to destroy the possession.
Cyber crime constitutes theft, violation of privacy, hacking, harassment, fraud, financial crime and unethical practice.
Our firm will assist and advice you regarding of such a violation, and also what actions shall be made in order to protect your technology systems. Such actions can be injunction proceedings and civil and criminal actions before the District Courts of Cyprus.
Intellectual Property Disputes
As the owner of intellectual property rights, you have a range of options and actions you can take.
We will assist and represent you in the Administrative and District Courts of Cyprus. In the Administrative Court, is where the reviewing of decisions of the Trademarks Registrar is taking place. In the District Courts, is where passing off claims, prosecutions, actions for counterfeit products and/or interim orders are taking place.
Interim Orders & Injunctions.
Interim orders and injunctions are temporary rulings that are issued in order to ensure that the rights of the Parties are protected until the competent Court reaches its final decision.
The party applying for the interim order, must convince the Court that a certain set of legal and factual requirements have been fulfilled. The Court’s authority to issue interim orders is derived mainly form the Article 32 of the Court of Justice Act, Law of 1960 (14/1960). Three requirements must fulfilled cumulatively in order the Court to be convinced to grant such interim. Those requirements are:
• A serious issue to be tried
• A Probability that the applicant is entitled to relief.
• Unless the interim order is granted it will be difficult or impossible for justice to be served at a later date.
Those Interim Orders are:
• Mareva Injuctions.
• Prohibitory Injections, interim orders blocking the exercise of certain acts.
• Norwich Pharmacal Orders.
• Anton Piller Orders.
• Gagging Orders.
We are experience to advice, but much more importantly to handle any application of Interim Orders & Injunctions to the competent Court in Cyprus.