A party who says he never agreed to a consent judgment cannot undo it on appeal. The Supreme Court held on 2 October 2026 that the route is a fresh action, with evidence.
Klitos Platis, advocate
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A judgment entered by consent cannot be undone by an appeal, even by a party who says he never consented to it. On 2 October 2026 the Supreme Court dismissed such an appeal, filed in 2017, and held that the only route is a fresh action brought to set the judgment aside.
This matters to anyone who settles a case at the door of the court, which is how many commercial, property and inheritance disputes in Cyprus end. A settlement recorded as a judgment is final in a particular way: it can be attacked, but only in the right proceedings and on the right grounds.
What happened
The case began as a dispute over a will. Relatives of the late Antonis Avraam Dimitri sued in the Larnaca District Court to stop the probate of a will dated 17 April 2007 and for a declaration that it had not been executed in accordance with the Wills and Succession Law, Cap. 195. The appellant was the sole beneficiary under the will. The second defendant was the proposed executor, and was himself a lawyer.
On 29 November 2016, the day fixed for trial, the defendants’ counsel told the court that they intended to withdraw the will and asked for ten days to prepare the documents. The court refused any adjournment. Counsel then withdrew, saying the defendants were not following his instructions. The court refused time to appoint a new lawyer and allowed ten minutes for the two defendants to confer.
After the break, the plaintiffs’ counsel, in the presence of both defendants, asked for judgment by consent. The court gave judgment on two of the claims, with costs on the €2,000 to €10,000 scale plus VAT.
What the appellant argued
The appellant said there had never been a valid consent. He argued that, once the lawyer had withdrawn, the second defendant did not represent him and had no authority to bind him, that he should have been given time to appoint a lawyer of his choice, and that the court had left his counterclaim undecided.
Why the appeal failed
A consent judgment can be set aside only in a fresh action brought for that purpose. The Court relied on Stavrou v. Christopoullos (1982), Andreou v. P & D Crystal Line Co Ltd (2001) and Official Receiver v. Alpha Bank Ltd (2019). The grounds are those that would invalidate any settlement agreement, among them:
- illegality, or a term against public policy;
- fraud, misrepresentation, or non-disclosure of a material fact that had to be disclosed;
- duress;
- a mutual mistake of fact;
- lack of authority.
The Court explained why this is not a mere choice of procedure. An appeal reviews a judge’s decision on disputed issues. In a consent judgment there is no such decision: the court gives judgment on the basis of the parties’ agreement. A challenge to that agreement goes to the foundation of the judgment, not to an error in it.
The Court held that the position is the same where a party says he never consented, or that the person who consented for him lacked authority. Those complaints go to the validity of the agreement, and they need evidence: of the authority given, the instructions received and what the people involved actually intended. The court record of one morning cannot answer them, so they belong in a new action where witnesses can be heard.
A consent judgment is not a judge’s ruling that an appeal can correct. It is an agreement, and an agreement is challenged in an action of its own.
The appeal was dismissed with €2,400 costs plus VAT. The questions the appellant raised, including the counterclaim and the validity of the will, were left for proceedings of the right kind.
What this means in practice
If a judgment has been entered against you by consent and you say the consent was not yours, filing an appeal is likely to cost you time you do not have. Here the appeal was filed in 2017 and dismissed in 2026, and it never reached the merits.
The passage the Court quoted also warns that a court may refuse to set aside a settlement where the party seeking to do so has delayed. Act as soon as you learn what was entered, and gather:
- the court record of the day the judgment was entered;
- any written authority you gave to the person who spoke for you, and its limits;
- your messages with that person before and after the hearing;
- the date on which you first learned of the judgment.
If you are settling a case at court, the time to be certain is before consent is recorded. Make sure the terms are written out in full, that whoever states them has your authority for exactly those terms, and that any counterclaim is dealt with expressly.
Our litigation lawyers advise on settlements at court and on actions to set aside a consent judgment. Disputes over wills, like the one here, are covered on our page on contested estates.
Questions we are asked
A judgment was entered by consent and I say I never agreed. What do I do?
You bring a fresh action to set it aside. The Supreme Court has held that an appeal is not the route, even where the complaint is that you never consented or that the person who consented for you had no authority. The new action is where the evidence about what happened is heard.
On what grounds can a consent judgment be set aside?
On any ground that would invalidate a settlement agreement. The cases the Supreme Court relied on list illegality, fraud, misrepresentation, non-disclosure of a material fact that had to be disclosed, duress, a mutual mistake of fact and lack of authority.
Does it matter how long I wait?
Yes. The passage the Court quoted adds that a court may refuse to set aside a settlement where the party seeking to do so has delayed in questioning it. Move as soon as you know what was entered.
What should my first message say?
The court and the action number, the date the consent judgment was entered, what it ordered, who agreed to it in court and on whose behalf, and when you first learned of it.
Sources
Need advice on your own matter?
Your first message costs nothing: within one working day we tell you whether we can help and what it would cost.
klitos@kleanthousplatis.com
Kleanthous & Platis LLC Registered law company Cyprus Bar Association HE 441973
Further reading
This article is for general information only and does not constitute legal advice. Laws and their application can change, and individual circumstances differ. For advice on your own matter, contact Klitos Platis at klitos@kleanthousplatis.com.
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