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ARTICLE · 02 DECEMBER 2014

Declaratory Relief By Cyprus Courts

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The Supreme Court recently reaffirmed the power of the courts to issue declaratory orders in accordance with Article 41 of the Administration of Justice Law.

CyprusWealth Management

In Compania Naviera Iris SA v Andrenal Shipping Company Ltd,1 the Supreme Court recently reaffirmed the power of the courts to issue declaratory orders in accordance with Article 41 of the Administration of Justice Law.2 The case concerned the filing of an action by various single ship companies seeking declaratory orders to the effect that they were the owners of the relevant vessels, which was disputed by the defendant companies.

As the Supreme Court noted in its judgment, the principles that regulate the issuance of a declaratory order in the absence of a claim for special or ancillary remedy are summarised in the Annual Practice 1960 as follows:

"Construction of Rule: The validity of the Rule was unsuccessfully attacked in Guaranty Trust Co. of New York v. Hannay [1915] [1653]2 K.B. 536. That case may be taken to establish the proposition that the jurisdiction to make a declaration under the Rule is not confined to cases in which the plaintiff has a complete

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