CYPRUS: Recent development shows a willingness of Cypriot Courts to issue orders permitting the use of different methods of substitute service
Recently the Cyprus Courts have permitted for substitute service via Facebook messenger of the particular Defendant as a method of alternative service since it had been proven that the Defendant posted recent publications on his Facebook page, a matter which indicated that he was a recent user of the said website page. This use of any publication as a substitute service method which included any electronic form, any use of technological method is a matter which was introduced recently under the Civil Procedure Rules, Order 5 Rule 9, and is the legal basis upon which the particular Plaintiffs relied on when requesting the said order.
The willingness to use alternative methods of service is beneficial to the Plaintiffs but also is a positive aspect in having the action moving forward. This also applies in circumstances where for example the Courts may permit simultaneous alternative methods of service to take place. There are however also Judges who have the view that if the country in which the foreign Defendant resides is for example a country with which Cyprus has a Bilateral Treaty covering issues of service, then such method via the Treaty is obligatory and should be followed rather than any other method. This however has proven to be of great delay to the quick adjudication of civil cases. Nonetheless once again recently there is a move to permitting for alternative methods such as use of courier whilst the method of service is still pending via the relevant Treaties.
For further information on this topic please contact
Ms. Nada Starovlah (nstarovlah@pittaslegal.com) at SOTERIS PITTAS & CO LLC,
by telephone (+357 25 028460) or by fax (+357 25 028461)
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