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ARTICLE · 07 DECEMBER 2017

Security For Costs

Michael Kyprianou & Co. LLC
Michael Kyprianou & Co. LLC
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There are cases in which the Cyprus Courts in civil proceedings may order the plaintiff in an action to provide money for the security of the defendant's costs that may be incurred after the trial has ended.

CyprusLitigation, Mediation & Arbitration

There are cases in which the Cyprus Courts in civil proceedings may order the plaintiff in an action to provide money for the security of the defendant's costs that may be incurred after the trial has ended.

The possibility of issuing a decree granting security for costs is regulated by Order 60 of the Civil Procedure Rules.

The issue of such an order is at the discretion of the Court, which must be satisfied that there is reasonable concern that, if the claim fails, the plaintiff will not pay the defendant's costs.

Accordingly, with Order 60 and case law, the following conditions must be met in order to obtain the security for costs.

The primary and necessary condition is that the plaintiff's usual residence is outside Cyprus or of a Member State of the European Union. According to the Annual Practice of 1958, the burden is on the defendant to prove that the plaintiff resides in a country that is outside of the jurisdiction and not simply to show that he is

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