Freezing Orders Against Non-Cause Of Action Defendants

Introduction

The Courts of Justice Law 1960 gives the courts in Cyprus discretion to issue a wide variety of provisional measures. These include the power to issue interim orders, provided that all of the following conditions are satisfied:

• A serious question has arisen to be tried at the main hearing;
• There appears to be a probability that the applicant is entitled to relief; and
• It would be difficult or impossible to obtain justice at a later stage without granting an interlocutory injunction.

It is possible to apply for interim measures without notice to the respondent through an ex parte application. The court will consider the application only if there is an element of extreme urgency. Furthermore, the applicant must make full and frank disclosure of all material facts, and the court must be satisfied that, on the balance of convenience, it is in the interest of justice to issue the requested order.