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ARTICLE · 29 APRIL 2019

Supreme Court Revokes First-Instance Court's Decision On Statement Of Claim Amendments

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The Supreme Court recently overturned a first-instance court's decision to reject a request to amend a statement of claim under Rule 25 of the Civil Procedure Rules on the grounds that the amendment amounted to a new cause of action.

CyprusLitigation, Mediation & Arbitration

The Supreme Court recently overturned a first-instance court's decision to reject a request to amend a statement of claim under Rule 25 of the Civil Procedure Rules on the grounds that the amendment amounted to a new cause of action.1

In its judgment, the first-instance court found that:

in this case the proposed amendment seeks to document events which did not exist when the case was initially filed at the Court and to introduce treatment which is different from the original treatment sought which could not have been part of the remedies that the claimant has put before the Court from the outset οf the case.

The Supreme Court rejected this finding, basing its reasoning on the differing cases of Gaber Alian Al Somrani Alias Gaber Aliyan v The Cyprus Ship "Poseidonia"2 and Saba & Co (TMP) v TMP Agents.3 In the first case, referring to the relevant English case law on the matter, the Supreme Court restated the principle that the amendment of a writ of summons

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