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Villa judge 'bias' claim rejected Villa judge 'bias' claim rejected
(30 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 claims the judge had close links to the Republic of 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.
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. Mrs Orams said she was "very disappointed" by the decision.
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. The island has been divided since 1974 when Turkey occupied the north in response to a military coup on the island.
Talks on reunification have been stuttering for years, with the issue of property rights a major stumbling block.
The Orams had spent their life savings on the villaThe Orams had spent their life savings on the villa
But Lord Justice Pill, upholding the European ruling, said there had been "no real possibility" Judge Skouris would have been influenced. Mr and Mrs Orams bought their land from the registered owner in accordance with the laws and land registry system of the Turkish area in 2002.
But the original owner - Meletios Apostolides, who fled south after the occupation - maintained his claim to the land.
He was backed by a court in the Republic of Cyprus - before Britain's High Court ruled its decision was unenforceable.
UK judges referred the case to European counterparts after Mr Apostolides appealed against the High Court decision.
Mr and Mrs Orams' legal team claimed European Court of Justice President, Judge Vassilios Skouris, had visited and received delegations from the Republic of Cyprus while deliberating on the case.
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.
But Lord Justice Pill, upholding the European ruling, said on Tuesday there had been "no real possibility" of Judge Skouris being influenced.
The rulings will be a source of concern to many other property owners in Cyprus Linda Orams
"The judgement of the court is in no way tarnished by those contacts, considered either individually or cumulatively," he added."The judgement of the court is in no way tarnished by those contacts, considered either individually or cumulatively," he added.
The European ruling had backed the original decision of a Republic of Cyprus court ordering the immediate demolition of the villa, pool and fencing. It means the original decision, ordering the immediate demolition of the villa, pool and fencing, stands.
Mr and Mrs Orams had also been ordered to give the land back to the original owner, Meletios Apostolides, and pay him damages. Mr and Mrs Orams were also ordered to give the land back to Mr Apostolides and pay him damages.
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. This latest judgement could affect thousands who bought land in northern Cyprus that once belonged to Cypriots who fled the occupation.
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.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 added: "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 or available for comment. However, Mr and Mrs Orams said in a statement they would consider whether any further action could be taken.
"Failing that, we will have to take steps, as far as possible given the political situation in Cyprus, to comply with the judgement," they added.
The couple said they did not know how the ruling would be enforced in Turkish-controlled Cyprus.
Mrs Orams said they had unwittingly become involved in a complex political situation between the divided communities.
"We don't think it is personal, it is political. The rulings will be a source of concern to many other property owners in Cyprus," she added.