Economou & Co LLC successfully represented the applicant company before the Supreme Court of Cyprus, securing leave to pursue certiorari proceedings concerning an ex parte worldwide freezing order.

The judgment, delivered on 20 August 2026, addresses the safeguards governing interim orders issued without notice.

Background

The District Court of Nicosia issued the order on 10 June 2026. It restrained dealings with assets worldwide up to a specified amount and required banks served with it to freeze assets or funds and disclose information concerning the affected accounts and balances.

The order was initially returnable on 22 June and was subsequently relisted for 3 July and 27 July. After substituted service was authorised but had not been effected, the order was maintained until 10 September 2026, a further 45 days later. It would therefore remain in force for a total of 92 days.

The applicant argued that this contravened section 9(3) of the Civil Procedure Law, Cap. 6, under which an order made without notice must not remain in force for longer than is necessary to effect service and allow those affected to appear and object.

Supreme Court Decision

The Supreme Court reaffirmed that making an ex parte order returnable within an appropriate period is an essential procedural safeguard. Maintaining it beyond the time reasonably required for service and an opportunity to be heard may constitute an error of law apparent on the face of the record.

The Court observed that, on a prima facie basis, even if 20 days were necessary for substituted service, no circumstances had been recorded to justify the further 45-day extension. It found that the applicant had established a prima facie case and granted leave to apply for certiorari on the ground that the direction extending the order breached section 9(3).

The Court also suspended the requirement for banks to disclose information about the applicant’s accounts or other assets beyond the amount or value actually frozen. The suspension was ordered pending the timely filing and determination of the certiorari proceedings.

Importance of the Decision

The judgment confirms that return dates and the opportunity to challenge ex parte orders are substantive safeguards, not matters of administrative convenience. This is particularly important where worldwide restrictions and third-party disclosure obligations remain operative before the affected party has been served or heard.

The outcome demonstrates Economou & Co LLC’s ability to respond decisively to serious procedural issues in urgent, high-stakes disputes involving worldwide freezing relief, bank disclosure and exceptional Supreme Court remedies.