As their name denotes, the Civil Procedure Rules (“CPR”) are the rules of civil procedure used by the Cypriot courts in civil cases. The current CPR came into force long way back in 1958 and were adopted in 1960. In order to modernise the current out-dated CPR, following a long reform process of our court system with the support of the European Commission, the Supreme Court of Cyprus approved the final draft of the new CPR on May 19^th 2021. The implementation of these new CPR is estimated to enter into force in September 2023.

The new CPR are designed to provide a complete procedural framework in all aspects of civil litigation, including provisions on interim remedies such as disclosure orders. This article is a brief overview of the main provisions of the new CPR regarding the issue of interim disclosure orders.   

Part 25.1 of the new CPR provides for the following disclosure orders:

• orders directing a party to provide information on the location of relevant property or assets or to provide information on relevant property or assets which are or may be the subject of an application for a freezing order, and,

• orders for disclosure of documents or inspection of property prior to a claim being made, and,

• orders in specific proceedings for disclosure of documents or inspection of property against a non-party to the proceedings.

It should be also noted that under Part 25.2 of the new CPR, such interim orders may be issued by the Court:

(a) before proceedings are commenced, and,

(b) after the issue of judgment.

In addition to the interim disclosure measures provided under the new CPR, a separate “Norwich Pharmacal” jurisdiction has been developed over the years in Cyprus case law, which requires a respondent or a third party to disclose certain documents or information about the applicant.

The combination of these disclosure mechanisms under the new CPR with those provided by case law on the “Norwich Pharmacal” jurisdiction together with the applicability in Cyprus of the EU Regulation No. 1215/2015, under Article 35 of which such disclosure orders can be granted in support of court proceedings pending or contemplated in other Member States, will certainly make Cyprus an attractive destination for pursuing such measures.