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Villa judge 'bias' claim rejected Villa judge 'bias' claim rejected
(about 2 hours 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 court ruling affecting hundreds 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.
Mrs Orams said she was "very disappointed" by the decision. Mrs Orams said she was "very disappointed" by the decision, which affects some 1,400 people - including many Britons - with houses in northern Cyprus of which ownership is disputed.
The island has been divided since 1974 when Turkey occupied the north in response to a military coup on the island.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.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
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.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.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.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.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.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.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.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 This is a very good and a just decision Meletios Apostolides
"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.
It means the original decision, ordering the immediate demolition of the villa, pool and fencing, stands.It means the original decision, ordering the immediate demolition of the villa, pool and fencing, stands.
Mr and Mrs Orams were also ordered to give the land back to Mr Apostolides and pay him damages.Mr and Mrs Orams were also ordered to give the land back to Mr Apostolides and pay him damages.
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 hundreds who bought land in northern Cyprus that once belonged to Cypriots who fled the 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." Mr Apostolides added: "This is a very good and a just decision."
However, Mr and Mrs Orams said in a statement they would consider whether any further action could be taken.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."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.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.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."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.