LATEST NEWS; Cyprus Supreme Court confirms that substituted service may be allowed irrespective of provisions of international treaties

Data 

 On 12 July 2017, the complainants filed an action against a Cyprus company and another four defendants grounded outside the Cyprus governance, and particularly in Russia. The complainants were granted leave to effect service on thenon-Cyprus defendants on 27 July 2017. Leave was granted for service to be effected through politic channels, as per the vittles of the bilateral convention between the former Soviet Union and the Republic of Cyprus on legal backing in civil and felonious matters of 1984. 

Several months latterly, and by 10 October 2017, service to thenon-Cyprus defendants via the politic channels had still not been effected. 

 

 thus, the complainants sought leave of the court to do with substituted service on the defendants' attorneys in Cyprus, as per the vittles of the Cyprus Civil Procedure Rules. Leave was granted on 12 October 2017. 

The defendants argued that substituted service pursuant to the Cyprus Civil Procedure Rules was inharmonious with the vittles of the applicable convention. In considering their operation to have the separate orders set away, the first- case court espoused this view and progressed to set aside the orders allowing substituted service. 

 

 The complainants filed Appeals No. E96/ 2018 and E97/ 2018 and the matter was appertained to the Supreme Court. 

 Decision 

 

 In its analysis, the Court considered the applicable convention holistically, drawing on its preamble and its willed purpose to give collective legal backing, when interpreting its vittles and assessing whether service under the Civil Procedure Rules was inharmonious with it. 

The Court avoided taking a narrow and formalistic approach, and concluded that substituted service not only served the purpose of the convention but was also not expressly forestalled under it. 

 

 In view of the below, the Court dismissed the judgment setting aside the orders granting leave for cover service. 

 Comment 

 

 frequently, when parties are needed to make service of documents through politic channels, they're faced with ineluctable detainments. In resemblant, they're unfit to help the service process, as the detainments and difficulties faced are beyond their control. 

By seeking to serve justice astronomically, the Court has now set a precedent on how first- case courts can help parties avoid the domino effect of similar detainments onto the judicial process, by opening the door to the possibility of indispensable means of service, when applicable.