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New Limitation Provisions Enacted

New limitation provisions came into effect on 1st July 2012. After a succession of laws passed since 1964 to extend the suspension of the Limitation of Actions Law, Cap 15, the new Limitations Law 66 (I) 2012 will bring into effect time limits within which civil claims must be filed.

The new law makes the following limitations periods applicable:

TYPE OF CIVIL CLAIMTIME LIMITNOTES
General civil action10 yearsThis will apply unless the law specifies a different time frame.
Actions regarding mortgage, pledge12 years
Tortious claims (save for those below)6 years
Tortious claims for negligence, nuisance, breach of statutory duty3 years
Defamation and malicious falsehood1 year
Contract6 yearsUnless relating to fees of certain freelance professional – in which case 3 years.
Bill of exchange6 years
Heirs regarding property of a deceased8 years
Appeals against a court decision15 yearsFrom the date of final decision by the court.

Note that all time frames start to run from the date of cause of action.

Furthermore, where a tort claim is made and relates to a personal injury claim or death claim then the court may, where it is deemed to be just and fair, extend the limitation period, taking into account the reason for the delay in filing the claim and the amount of the period of the delay.

There are some situations where the period of limitation will not begin to run (or will be suspended). For example:

  • Claims between parents and minor children (until children reach maturity);
  • Claims between spouses during marriage (even if later annulled);
  • Claims between trustees and minor beneficiaries (until beneficiaries reach maturity)
  • Claims between cohabiting partners.

If you wish to pursue a civil action, it is advisable to seek immediate advice from a lawyer in Cyprus about limitation periods in order to ensure that your claim will not run out of time for filing. Our team of expert litigation Cyprus lawyers can advise on the new limitation provisions. If you need advice then please contact a member of our litigation team