An important decision of the District Court of Limassol highlights the necessity of strict compliance with the procedural requirements governing challenge of jurisdiction of the Court under the Civil Procedure Rules.
The application sought retrospective relief from sanctions of failing to indicate, in the Notice of Appearance, an intention to challenge jurisdiction and to file the relevant application within a 14-day period. The Court applied the principles established in Denton v TH White Ltd [2014] EWCA Civ 906.
Applying the Denton test, the Court first considered the seriousness and significance of the default. Particular weight was given to the fact that the procedural requirements concerned jurisdiction, a matter of fundamental importance which according to the 2023 Civil Procedure Rules requires to be addressed at an early stage of proceedings. The failure was therefore regarded as serious, particularly given that both required procedural steps had been omitted.
The Court then considered the reasons for the default. It was not persuaded that the change of legal representation provided sufficient justification. The evidence indicated that the original position had been deliberately adopted following legal advice, rather than resulting from a simple administrative error or omission. A subsequent change of lawyer could not, provide a basis for a second chance to revisit the issue.
Finally, the Court considered all the circumstances of the case, including the need for litigation to be conducted efficiently and at proportionate cost, as well as the importance of enforcing compliance with the Rules, and dismissed the application.
Our office acted for the Respondents and the case was handled by Ms Anna Lamprou.
For further information on this topic please contact
Mrs. Anna Lamprou( alamprou@pittaslegal.com ) at SOTERIS PITTAS & CO LLC,
by telephone (+357 25 028460) or by fax (+357 25 028461)
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