The AGP Litigation Team, defending our client, has managed to overturn a Norwich Pharmacal Order and secure another success at the Supreme Court.
On March 9 of 2022 the honourable judges of the Supreme Court delivered the judgment on two appeals brought by our seasoned team of Cyprus Lawyers. The Court, inter alia, noted that the requirements set by the law in cases such as these were missing, and went on to say that the Family Court of Limassol, where the initial claim took place, wrongfully assessed the issues brought forward.
Background Facts
The Claimant in November 2017, filed with the Family Court in Limassol against her ex-spouse an application for division of the marital property. Parties to this application were also the Defendants 2-4, on the allegations that these were owned by her ex-spouse/Defendant 1. The opposing side claimed an order for ownership of ½ of the Defendant’s property and half of the stock capital/money from the bank accounts of Defendants 2-4. Following the application, the Claimant managed to obtain a Norwich Pharmacal Order, which directed not only Defendants 1-4 but also third parties to disclose relevant documents and bank statements of their assets.
Success
On appeal, Mr. Angelos Paphitis and Ms. Andrea Psara assisted by Ms. Ioanna Martidi, managed to overturn the decision of the Family Court of Limassol and secure the District Court of Appeal’s jurisdiction. In a nutshell, our Lawyers crucified the Court’s decision by proving that neither the claim nor the order were summoned or brought to the attention of the directly affected parties. The Supreme Court issued an order for the return of the previously disclosed documents, while forbidding the other party from using that information.
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