What Limitation Periods Apply To Bringing A Claim?

5th September 2018
Litigation

  

Limitation periods impose time limits upon which a party must bring a claim or give notice to a claim to the other party. The limitation periods vary depending on the type of claim, as outlined below:

Secured loans

Claims for loans secured by a mortgage, charge or pledge are subject to a limitation period of 12 years.

Civil wrongs

A limitation period of six years for civil wrongs applies. However there is a three-year limitation period for claims for damages arising out of negligence, nuisance or breach of a statutory duty.

A one year limitation period applies in relation to a claim for defamation or malicious falsehood.

However, in cases of civil wrongs causing bodily harm or death, given that no more that two years have passed since the limitation period expired the Court can extend the limitation period by considering the:

  1. The length of, and the reasons for, the delay on the part of the claimant.
  2. Duration of any inability by the claimant to commence proceedings.
  3. The extent to which, having regard to the delay, relevant evidence were unavailable.
  4. Time in which the facts relevant to the cause of action became known to the claimant.

Contracts

A limitation period of six years applies to actionable rights in contract. However, for proceedings concerning a contract or a quasi-contract relating to an agreed or reasonable remuneration of a lawyer, doctor, dentist, architect, civil engineer, contractor or other independent professional, the limitation period is three years.

The limitation period in relation to a loan agreement does not begin to run until a written demand for the debt is served on the debtor even though exceptions might apply.

Succession

No action can be commenced by a successor in relation to a deceased person's estate or towards challenging the validity of a will, if eight years have passed since the person's death. However, the limitation period can be extended in cases where the claimant has recently returned to Cyprus or was not aware of the death.

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