A disclosure order enables a party to locate and recover assets that are the subject of a dispute with another party.
Cyprus courts can issue orders the following disclosure orders (Norwich pharmacal orders):
- An oath by a respondent providing the location and value of specified assets.
- An order for tracing purposes, leading to the disclosure of information and documents regarding assets
deprived or stolen from the applicant. This enables the applicant to identify and pursue proceedings against the real defendant.
A court is likely to grant a disclosure order if one of the following conditions applies:
- It is just and convenient to do so.
- When the principles of equity apply (section 29(1)(c), Courts of Justice Law).
In addition to the above and to satisfying the requirements imposed to an applicant towards granting an injunction, a litigant applying to the court for the issuing of a discovery order must satisfy the court that all of the following conditions apply:
- A wrong has been carried out to the detriment of the applicant by an ultimate defendant.
- The applicant intends to commence proceedings against the ultimate defendant.
- There is a need for the issue of a discovery order to assist the applicant in:
- pleading and proving his claim;
- identifying other wrongdoers; and
- tracing stolen assets.
- The person against whom the discovery order will be issued was, innocently or not, involved with the wrongdoing against the injured party and is able, or likely to be able, to provide the requested information, or documentation.
- There are no alternative means of obtaining the information or documentation sought by the applicant other than the issuing of the order.