Cyprus-Forum.com

[Billybob]

suzanne wrote:
The Orams case will be done & dusted by the end of october this year, then it will be the chap from Karmi... hopefully the talks will conclude by December this year then everyone will know where they stand:)



Really? I don't know what propoganda they are feeding you with down there, but just to assist, here is the reality of the time line of the Orams case.

Let's just put it into context. The UK Court of Appeal (COA) requested a direction on a point in the case from the ECJ. It is not a judgment. It is a direction, so that they can continue with the case and provide their (COA) judgment which I believe will be in the Autumn*. Now the losing side has the mechanism to appeal that judgment (on a point of law or fact) to the House of Lords. Similarly, the losing side (on the same basis of appeal) from the House of Lords, can take their case to the European Court of Human Rights which is a completely different Court to the ECJ. This is the last stop so to speak.

So I would say that there is quite a long way to go before the conclusion of this matter. As both sides appear to have outside financial backing, then I should imagine that money would not be an issue when it came to the appeal process and given the high profile of this case, if there are points of law or fact to give rise to an appeal, then undoubtedly either side will take that step.


*The COA although "bound" by the direction of the ECJ can still depart from it on the basis of the maxims of equity (Common Law or to put it simply - Judge made law).
Just as a footnote. Here is the Wikki definition (in part) on Common Law and Statute as their distinctions................................

Equity is the name given to the set of legal principles, in jurisdictions following the English common law tradition, which supplement strict rules of law where their application would operate harshly, so as to achieve what is sometimes referred to as "natural justice". It is often confusingly contrasted with "law", which in this context refers to "statutory law" (the laws enacted by a legislature, such as Parliament), and "common law" (the principles established by judges when they decide cases).

A important distinction between law and equity is the source of the rules governing the decisions. In law, decisions are made by reference either to legal doctrines or to statutes.In contrast, equity, with its emphasis on fairness and flexibility, has only general guides known as the maxims of equity.

[askimwos]

Blah, blah, blah....

Why people don't get it? Even in the remote case where the UK Court of Appeal rejects the case based on self-invented technicalities, the damage has been done.. The RoC courts decisions stand and can be enforced in every EU country, end of story.
Now tell me who in their right mind would consider buying GC propery in the north?

[YFred]

Blah, blah, blah....

Why people don't get it? Even in the remote case where the UK Court of Appeal rejects the case based on self-invented technicalities, the damage has been done.. The RoC courts decisions stand and can be enforced in every EU country, end of story.
Now tell me who in their right mind would consider buying GC propery in the north?

Your worst enemy. The Turks as well as the Osmanovs and the Mehmedovs of this world.