New Civil Rules
The reform of the CPR involved three stages.
Stage 1: Review the old Cypriot civil procedure rules against modern and more efficient approaches. Organise public consultation on the areas of intervention
In September 2017, the Supreme Court of Cyprus sought technical support from the Structural Reform Support Service (SRSS) of the European Commission with a view to modernising the rules for civil procedures, which have been in place since 1958.
In this respect, following consultation with the Supreme Court of Cyprus, the SRSS agreed to provide technical support in the review of the rules of civil procedure through the Institute of Public Administration of Ireland (IPA), which is Ireland’s only public service development agency focused exclusively on public sector development.
The project forms part of an ambitious program undertaken by the Supreme Court of Cyprus with the support of the Structural Reform Support Service (SRSS) of the European Commission aiming to reform and improve the judicial system of Cyprus focusing on four specific areas: court operations, judicial training, e-justice and the reform of the Civil Procedure Rules.
Further reading: Modernising the CPR
Stage 2: Drafting of the Guiding Drafts for the new Civil Procedure Rules of Cyprus
Selected to act as local drafters. Managing Partner Georghios Colocassides served as the Cypriot legal drafter and head of the Cypriot legal team liaising with the expert group for the drafting of the new Civil Procedure Rules in the context of which equivalency, consistency, compatibility with Cyprus law was examined.
The resulting Guiding Drafts for the new Civil Procedure Rules were drafted under the guidance of an expert group chaired by Rt. Hon. Lord Dyson, former Master of the Rolls and Head of Civil Justice and a former Justice of the Supreme Court of the United Kingdom.
The Guiding Drafts for the new Civil Procedure Rules of Cyprus contain a number of innovations for Cyprus such as a fast-track procedure on a dispute which is unlikely to involve a substantial dispute of fact, special provisions for commercial cases, enhanced active management powers for the courts to promote the overriding objective of dealing with a case justly and at proportionate cost. The over-riding objective covers also the requirement for speed, the lack of which has long dogged the justice system of Cyprus.
Stage 3: Translation the Guiding Drafts for the new Civil Procedure Rules of Cyprus into Greek
Georghios Colocassides & Partners LLC were commissioned by the SRSS to provide the translation version of the Guiding Drafts to Greek and become involved in training activities.
The Guiding Drafts for the new Civil Procedure Rules of Cyprus were drafted in the English language.
To complete the reform related to the modernisation of the rules of civil procedures of Cyprus the Civil Procedure Rules of Cyprus needed to be translated into Greek for the purpose of finalisation and submission to the Supreme Court of Cyprus for approval and implementation.
On May 19th 2021 the Supreme Court of Cyprus approved the new Civil Procedure Rules. It is hoped that the reform of the Civil Procedure Rules, along with the other elements of reform will finally bring to fruition the comprehensive overhaul of the Cyprus justice system.
Georghios Colocassides & Partners LLC is a client-oriented Nicosia-based boutique law firm specialising in business and corporate law and associated litigation, delivering high standard practical solutions to the local and international markets.