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Villa judge 'bias' claim rejected | Villa judge 'bias' claim rejected |
(2 days later) | |
A UK couple face demolition of their villa in Turkish-controlled northern Cyprus after a court ruling affecting hundreds 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, which affects some 1,400 people - including many Britons - with houses in northern Cyprus of which ownership is disputed. | 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 villa | The 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. |
This is a very good and a just decision Meletios Apostolides | 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 hundreds who bought land in northern Cyprus belonging to Cypriots who fled the occupation. | This latest judgement could affect hundreds who bought land in northern Cyprus belonging 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." |
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. |
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