Cyprus:
Breach Of An Injunction Constitutes Unlawful Means Conspiracy
21 October 2019
Soteris Pittas & Co LLC
To print this article, all you need is to be registered or login on Mondaq.com.
In the recent English case JSC BTA BANK -V- KHRAPUNOV (2018),
the Supreme Court, held inter alia, that third parties may find
themselves exposed to damages for unlawful means conspiracy, if
they assist in the breach of a freezing injunction.
The English Supreme Court held that contempt of Court can
constitute unlawful means, for the purpose of the tort of
conspiracy to cause loss by unlawful means.
The above English case law provides useful guidance to Cypriot
Courts in holding, persons assisting in breaching a freezing
injunction, liable for damages for the civil tort of unlawful means
conspiracy, in addition to the possible punishment (i.e.
imprisonment, fine, or sequestration of assets), which Cypriot
Court may impose for contempt of Court.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Litigation, Mediation & Arbitration from Cyprus
Procedural Considerations Of Being An Expert Witness
HKA
In the first of a forthcoming series of articles considering the ‘procedural aspects and challenges of being an expert witness in international arbitration', HKA Quantum Expert and Arbitrator Michael Tonkin and Quantum Expert Igor Corelj focus on the effective delivery of expert witness evidence.
Recent Amendments To The International Commercial Arbitration Law
George Z. Georgiou & Associates LLC
The International Commercial Arbitration Law (L.101/1987) ("Law 101/1987"), which governs international commercial arbitrations in Cyprus, has been recently amended by the International Commercial Arbitration (Amending) Law of 2024 ...