Papers by Nicolas Kyriakides
Editors’ acknowledgments: Having finally reached our Ithaca, an honorary volume comprising a plet... more Editors’ acknowledgments: Having finally reached our Ithaca, an honorary volume comprising a plethora of remarkable contributions, we wish to acknowledge everyone who made this journey enjoyable and worthwhile. First and foremost, we would like to thank all the contributors who went above and beyond with a view to submitting insightful and contemporary papers of high academic quality and integrity. We respected the writing and reference style of each contributor to the utmost, bearing in mind the unique style of each author and not wishing to stylize our volume. We hold that consistency of legal scholarship indeed prevails through this thought‐provoking diversity. Hence, we endorsed such scholarship through opting to catalogue the studies thematically, rather than alphabetically. We also wish to thank our publisher, Ant. N. Sakkoulas, who made this publication possible and who accommodated our every request. Last but not least, we thank Professor Nestor Courakis for his unceasing ef...
The Nature and Amount of Legal Fees in the United States
SSRN Electronic Journal, 2013
AI and access to justice: An expansion of Adrian Zuckermans findings
Edward Elgar Publishing eBooks, Aug 18, 2022
Cyprus: Affordability and Accessibility of the Civil Justice System
Erasmus Law Review
In determining the accessibility and affordability of the civil justice system, this article will... more In determining the accessibility and affordability of the civil justice system, this article will evaluate the costs regime and litigation funding available in Cyprus in light of the recent proposed reforms to the civil procedure rules. At the time of writing, civil cases in Cyprus are ranked according to their value and governed by fixed costs rules depending on the scale of the claim. Litigation funding, such as legal aid, is available only if the civil case involves the infringement of human rights and is granted under specific circumstances. Furthermore, third-party funding and contingency fees are practically unheard of, as they remain unregulated by the Cypriot legislation. Third-party litigation funding has only recently been examined by the national courts albeit in the context of an application for the setting aside of an order enforcing a foreign judgment. Is the Cypriot civil justice system affordable and thus accessible? Does limited access to legal aid and third-party funding result in violation of the right to access to justice? Will the civil justice reform improve accessibility for litigants? A holistic answer will be achieved by drawing comparisons with costs and litigation funding practices in England and Wales, as well as in Germany, both of which are leading jurisdictions in Europe and especially influential owing to their geopolitical history with the island, representing the common law and civil law systems, respectively.
In determining the accessibility and affordability of the civil justice system, this article will... more In determining the accessibility and affordability of the civil justice system, this article will evaluate the costs regime and litigation funding available in Cyprus in light of the recent proposed reforms to the civil procedure rules. At the time of writing, civil cases in Cyprus are ranked according to their value and governed by fixed costs rules depending on the scale of the claim. Litigation funding, such as legal aid, is available only if the civil case involves the infringement of human rights and is granted under specific circumstances. Furthermore, third-party funding and contingency fees are practically unheard of, as they remain unregulated by the Cypriot legislation. Third-party litigation funding has only recently been examined by the national courts albeit in the context of an application for the setting aside of an order enforcing a foreign judgment. Is the Cypriot civil justice system affordable and thus accessible? Does limited access to legal aid and third-party funding result in violation of the right to access to justice? Will the civil justice reform improve accessibility for litigants? A holistic answer will be achieved by drawing comparisons with costs and litigation funding practices in England and Wales, as well as in Germany, both of which are leading jurisdictions in Europe and especially influential owing to their geopolitical history with the island, representing the common law and civil law systems, respectively.
Cyprus Civil Justice System Reform: Developing a National Identity
This article first outlines the existing problems of the Cypriot civil justice system. It then ex... more This article first outlines the existing problems of the Cypriot civil justice system. It then explains the improvements recommended by the recent report published by a committee under Lord Dyson, which are mostly drawn from the system of England and Wales. These proposals are then critically evaluated, arriving at the eventual conclusion that, while foreign systems may serve as positive examples, they too are affected by their own problems and must not be followed blindly.
Editors’ acknowledgments: Having finally reached our Ithaca, an honorary volume comprising a plet... more Editors’ acknowledgments: Having finally reached our Ithaca, an honorary volume comprising a plethora of remarkable contributions, we wish to acknowledge everyone who made this journey enjoyable and worthwhile. First and foremost, we would like to thank all the contributors who went above and beyond with a view to submitting insightful and contemporary papers of high academic quality and integrity. We respected the writing and reference style of each contributor to the utmost, bearing in mind the unique style of each author and not wishing to stylize our volume. We hold that consistency of legal scholarship indeed prevails through this thought‐provoking diversity. Hence, we endorsed such scholarship through opting to catalogue the studies thematically, rather than alphabetically. We also wish to thank our publisher, Ant. N. Sakkoulas, who made this publication possible and who accommodated our every request. Last but not least, we thank Professor Nestor Courakis for his unceasing ef...
The United Kingdom's Stance to the Recently Introduced European Account Preservation Order
In 2011 the European Commission presented a proposal for a regulation introducing the European Ac... more In 2011 the European Commission presented a proposal for a regulation introducing the European Account Preservation Order (EAPO). This remedy allows a claimant to obtain an order preserving a defendant’s bank account upon proof that the defendant is likely to thwart the enforcement of a future judgment. Banks throughout the European Union must then enforce the order. In late 2013 the Council of the European Union presented a revised text of the proposal, which was later endorsed by the European Parliament. The text was finalised in May 2014 and the new regulation was published in the Official Journal of the EU on June 27, 2014. As confirmed in art. 54, the Regulation entered into force on the twentieth day following that of its publication in the Official Journal and will apply from January 18, 2017. It will apply automatically to all Member States except the United Kingdom (UK) and Denmark, both of which have chosen not to opt in.
Judicial discretion and contempt power: two elements of equity that would benefit the EAPO and future EU-wide provisional and protective measures
A person filing a civil claim faces the risk of being unable to enforce a favourable judgment. Th... more A person filing a civil claim faces the risk of being unable to enforce a favourable judgment. This is because their opponent may dissipate his assets and consequently be unable to satisfy a judgment given against him. Several mechanisms seek to alleviate this risk by preserving the defendant’s assets pending judgment. These are predominantly the civilian in rem order and the common law freezing order. Fundamental differences between the common and civil law traditions may be observed in the freezing order and its civilian counterpart. Primarily, these are to be found in the margin of discretion given to the judge and the sanctions against non-compliance. The latter issue is closely related to the entity against which an order is directed: in the common law it is directed against the person, while in the civil law, against the asset. The significantly diverse approaches in these areas show the different course each of the legal families has taken in the administration of justice. Th...
Risk Governance and Control: Financial Markets and Institutions, 2013
This paper performs an economic analysis of the European Commission's proposal for a Europeanwide... more This paper performs an economic analysis of the European Commission's proposal for a Europeanwide preservation order. Bentham's utilitarianism theory suggests that legislators must take into mind the pleasures and pains associated with any legislation and to form laws in order to create the greatest good for the greatest number. These ideas are reflected in the modern economic theories of welfare economics. But are these principles sufficient to create effective legal rules and achieve justice? Section 2 of this work analyzes the difficulties in obtaining a provisional measure to preserve another party's assets in another Member State of the European Union ("EU"). Section 3 sets out the Commission's proposal for a European Account Preservation Order ("EAPO"). Section 4 applies welfare economics principles in order to identify the effect of legal rules related to this proposal, while it proposes an alternative approach to these principles. Lastly, section 4 makes suggestions on the proposal based on this alternative approach.
The Companies Act 2006: A Roadmap for Reform of Cyprus Companies Law in the Framework of Minority Shareholders' Remedies
SSRN Electronic Journal
Civil procedure reform in Cyprus: looking to England and beyond
Oxford University Commonwealth Law Journal
A European-Wide Preservation Order: How the Common Law Practice Can Contribute
SSRN Electronic Journal, 2000
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Papers by Nicolas Kyriakides