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Villa judge 'bias' claim rejected Villa judge 'bias' claim rejected
(31 minutes later)
A UK couple face demolition of their villa in Turkish-controlled northern Cyprus after a ruling affecting thousands of holiday home owners.A UK couple face demolition of their villa in Turkish-controlled northern Cyprus after a ruling affecting thousands of holiday home owners.
David and Linda Orams, of Hove, Sussex, spent their savings building the villa.David and Linda Orams, of Hove, Sussex, spent their savings building the villa.
But the European Court then ruled the original landowner retained the property rights he had before being forced away by the Turkish occupation.But the European Court then ruled the original landowner retained the property rights he had before being forced away by the Turkish occupation.
And the UK Court of Appeal has rejected the couple's claims the judge had close links to Cyprus and was biased. And the UK Court of Appeal has rejected claims the judge had close links to the Republic of Cyprus and was biased.
President of the European Court of Justice, Judge Vassilios Skouris, had visited Cyprus and received delegations from the republic while deliberating on the case, the Orams' legal team had said. The couple's legal team had said European Court of Justice President, Judge Vassilios Skouris, had visited and received delegations from the Republic of Cyprus while deliberating on the case.
Former president of Cyprus, Tassos Papadopoulos, had also bestowed upon him "one of the highest orders of honour that the Republic has to confer", they argued. The country's former president Tassos Papadopoulos had also given him "one of the highest orders of honour that the republic has to confer", they said.
However, upholding the European ruling, Lord Justice Pill said there was "no real possibility" that Judge Skouris would be influenced. The Orams had spent their life savings on the villa
"The judgment of the court is in no way tarnished by those contacts, considered either individually or cumulatively," he added. But Lord Justice Pill, upholding the European ruling, said there had been "no real possibility" Judge Skouris would have been influenced.
The European ruling had backed the original decision of a southern Cyprus court ordering the immediate demolition of the villa, pool and fencing. "The judgement of the court is in no way tarnished by those contacts, considered either individually or cumulatively," he added.
Mr and Mrs Orams had also been ordered to give back the property to the original owner, Meletios Apostolides, and pay him damages. The European ruling had backed the original decision of a Republic of Cyprus court ordering the immediate demolition of the villa, pool and fencing.
British judges referred the case to European counterparts after Mr Apostolides appealed against a High Court ruling that the Nicosia court's decision was not enforceable. Mr and Mrs Orams had also been ordered to give the land back to the original owner, Meletios Apostolides, and pay him damages.
This latest ruling could affect thousands of others who bought land in northern Cyprus which once belonged to Cypriots who feld the 1974 Turkish invasion. British judges referred the case to European counterparts after Mr Apostolides appealed against a High Court ruling the Nicosia court's decision was not enforceable.
Constantis Candounas, who represented Mr Apostolides, said after the judgment was delivered: "This creates a new legal framework in those cases where foreigners are trespassing on such properties. This latest judgement could affect thousands who bought land in northern Cyprus that once belonged to Cypriots who fled the 1974 Turkish occupation.
Constantis Candounas, who represented Mr Apostolides, said after the judgement was delivered: "This creates a new legal framework in those cases where foreigners are trespassing on such properties.
"But each case must be decided on its own particular facts.""But each case must be decided on its own particular facts."
Architect Mr Apostolides commented: "This is a very good and a just decision." Architect Mr Apostolides added: "This is a very good and a just decision."
The Orams were not in court and not available for comment. The Orams were not in court or available for comment.