LEGAL ALERT | 30 April 2026

Legal Alert | 30 April 2026

Interim Remedies Cyprus: The Importance of Utmost Good Faith

Successful discharge of interim orders issued ex parte in the context of a multi-shareholder corporate dispute before the District Court of Nicosia.

District Court of Nicosia

Published by Andreas Kozakos

Interim Remedies Cyprus Legal Alert - Utmost Good Faith

This Interim Remedies Cyprus legal alert concerns today’s judgment of the District Court of Nicosia, by which the full discharge of interim orders issued ex parte in the context of a multi-shareholder corporate dispute was successfully achieved.

Furthermore, the judgment highlights the strict approach of the Cypriot Courts regarding the duty of full and frank disclosure at the stage of ex parte applications.

Interim Remedies Cyprus: Legal Strategy and Judicial Reasoning

Initially, the Applicants had obtained orders which effectively preserved the company’s management structure, alleging complete exclusion and an imminent risk of harm. Our legal team demonstrated that the granting of those measures was based on a selective and misleading presentation of the facts.

Main Grounds for Discharge

Failure to Disclose Access

The Court held that the Applicants had concealed the fact that they had ongoing access to corporate documents and premises, a fact which undermined their allegations of “exclusion”.

Use of Inaccurate Financial Information

It was demonstrated that the Applicants relied on outdated financial statements, despite being aware of the existence of corrected reports which reflected the true financial position of the company.

Refuting the Alleged Urgency

It was proven that the documents relied upon to establish urgency were pre-dated drafts which had never come into effect.

Duty of Utmost Good Faith

The Court reaffirmed that the concealment of the Applicants’ participation in management activities and business trips constituted a breach of the duty of full and frank disclosure — uberrima fides.

Duty of Full and Frank Disclosure

As a result, the decision reaffirms that parties seeking interim relief on an ex parte basis must approach the Court with full, frank and accurate disclosure of all material facts.

Legal Conclusion

Therefore, applying the requirements of Section 32 of Law 14/60, the Court concluded that the Applicants’ conduct rendered the continuation of the orders unjustified.

Impact of the Judgment

This judgment represents a vindication for our clients, as it:

  • protects and restores corporate governance and the executive authority of the majority;
  • removes restrictions imposed without proper disclosure of material facts; and
  • strengthens the case law concerning the protection of respondents from abusive ex parte proceedings.

This Interim Remedies Cyprus decision is particularly important for parties involved in urgent corporate disputes and ex parte applications.

Note: This update is intended to provide general information only and does not constitute legal advice. Should you require legal advice, please contact us.

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For further information or legal assistance, please contact our team.

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