Case Law

STATEMENT OF CLAIM SECURED

By: ANTONIS GEORGIOU May. 21, 2025

In this landmark proceedings before the Paphos District Court (Case No. 538/2023, dated 21/05/2025), Antonis Georgiou, Partner at Phoebus, Christos Clerides & Associates LLC, acting as counsel for the Plaintiffs, successfully persuaded the first instance court to dismiss the Defendants’ application to strike out the Statement of Claim. Mr. Georgiou argued that a Supreme Court reference in prior case law, which suggested that combining personal and derivative actions was impermissible, constituted obiter dictum and not an inflexible rule. With meticulous legal reasoning, he demonstrated that this principle is a flexible guideline to be applied based on the specific facts of each case, and that filing a combinative action is not prohibited per se under Cyprus law. This argumentation secured a favorable ruling, affirming the Plaintiffs’ right to pursue their claims and underscoring Mr. Georgiou’s ability to navigate complex legal precedents, thereby reinforcing the court’s commitment to equitable procedural justice.

 

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