Cyprus Court of Appeal Reaffirms Strict Approach to Summary Judgment Under Order 18

In a judgment dated 12 November 2025, the Cyprus Court of Appeal dismissed in full a civil appeal against a summary judgment granted under Order 18 of the old Civil Procedure Rules. The decision provides clear guidance on the evidential burden resting on a defendant seeking to resist summary judgment in claims based on a promissory note.

The appeal arose from proceedings before the District Court of Larnaca, where summary judgment had been entered in favour of the claimant company for the amount of €14,950, together with interest and costs, on the basis of a promissory note of the usual type. The defendant appealed, challenging both the procedural requirements for summary judgment and the finding that no arguable defence had been disclosed.

The Court of Appeal confirmed that, once the formal requirements of Order 18 are satisfied, the burden shifts to the defendant to demonstrate a bona fide and arguable defence through a properly substantiated affidavit. General denials, vague allegations or internally inconsistent defences are insufficient to prevent the entry of summary judgment.

The Court further held that the promissory note in question satisfied the statutory requirements and therefore constituted conclusive evidence of the facts stated therein. As a result, the range of defences available to the defendant was limited to those exhaustively provided for by law, none of which had been properly established on the evidence.

The Court also rejected the argument that the grant of summary judgment infringed the defendant’s constitutional right of access to the courts. It emphasised that the summary judgment procedure is an exceptional but legitimate mechanism, applied only in clear cases where no genuine triable issue is disclosed, and serves the broader interests of justice by preventing unnecessary delay.

The appeal was accordingly dismissed in its entirety, with costs awarded in favour of the respondent.