Cyprus-Forum.com

[Anglo]

No, you're off on a tangent here - the UK Govt simply does not believe the Cyprus situation is best solved on a case by case basis in law courts. It belives in a comprehensive politically negotiated settlement along the line sof the A Plan. It's nothing to do with recognition.

Then why the British legal system adopted the Loizidou case as a precedent?

The British system of government has the separation of powers: the legal part is independent of government, therefore the judiciary act independently of the politicians/lawmakers.

[Anglo]

does not apply inter alia if a court order is in respect of immoveable property in the country where the original order was made (Cyprus) or if the summons to the defendant was defective, or if they were not enabled to enter a proper defence, or if it is manifestly against public policy in the member state where enforcement is sought.

First of all where did you get the coloured part? Out of your pocket? The way you put it is like saying that no court decisions on immovable property are recognised irrespective of any other reason. Heres what the article actually says:

2. where it was given in default of appearance, if the
defendant was not served with the document which
instituted the proceedings or with an equivalent document
in sufficient time and in such a way as to enable him to
arrange for his defence, unless the defendant failed to
commence proceedings to challenge the judgment when it
was possible for him to do so;

Now tell me was there any arrest warrant issued to anyone who was not given enough time, adequate access to the court etc etc???

Voila mes amis! Bon Appetit.

Merci. Nous ne mangeons pas les "gonnara".

You definition of #2 is the same as mine so I don't see your point here.

Regarding arrest warrants: apparently Linda Orams' was given a summons in Greek without explanantion and by the time she had got it translated a judgement was made in default.

Pourquoi? Vous n'aimez pas les gonnara?

[MicAtCyp]

What's gonnara? Is it a round brown kind of peanut like thing that grows on bushes?

Exactly! That's why i put it on inverted commas because it is a common word for the TCs and GCs (not for the French though)

***********************

apparently Linda Orams' was given a summons in Greek without explanantion and by the time she had got it translated a judgement was made in default.

The events prove that she knew very well the charges but actually chose to condemn the court by not appearing. Even if what she claims were true she had the right for an appeal which she did not do. If her appeal would prove unsuccessful she had the right to go to the supreme court which she didn’t do. Therefore the default excuse is not valid anymore.
In fact if it were so easy each and everyone who receives stolen property would simply chose to condemn the court to force a judgement made in default.

Anglo, you know what these people are doing is actually theft.There is no way any legal system would ever find them innocent, because by the time it will, that legal system will collapse by itself.

Pourquoi? Vous n'aimez pas les gonnara?

That was an expression meaning "We cannot be fooled easily/by little things"

[gladius]

What's gonnara? Is it a round brown kind of peanut like thing that grows on bushes?

Exactly! That's why i put it on inverted commas because it is a common word for the TCs and GCs (not for the French though)

***********************

apparently Linda Orams' was given a summons in Greek without explanantion and by the time she had got it translated a judgement was made in default.

The events prove that she knew very well the charges but actually chose to condemn the court by not appearing. Even if what she claims were true she had the right for an appeal which she did not do. If her appeal would prove unsuccessful she had the right to go to the supreme court which she didn’t do. Therefore the default excuse is not valid anymore.
In fact if it were so easy each and everyone who receives stolen property would simply chose to condemn the court to force a judgement made in default.

Anglo, you know what these people are doing is actually theft.There is no way any legal system would ever find them innocent, because by the time it will, that legal system will collapse by itself.

Pourquoi? Vous n'aimez pas les gonnara?

That was an expression meaning "We cannot be fooled easily/by little things"

"stolen property"?
Have they stolen anything within the boundaries of the GC Administration?
They have legally bought land in the area of Girne, built a house and don't wan't to hear anything from the Greeks.
She and her husband have nothing to do with any of the Courts of the GC and all this so called arrest warrants of the GC's is just something to smile for European Authorities!

[Anglo]

What's gonnara? Is it a round brown kind of peanut like thing that grows on bushes?

Exactly! That's why i put it on inverted commas because it is a common word for the TCs and GCs (not for the French though)

***********************

apparently Linda Orams' was given a summons in Greek without explanantion and by the time she had got it translated a judgement was made in default.

The events prove that she knew very well the charges but actually chose to condemn the court by not appearing. Even if what she claims were true she had the right for an appeal which she did not do. If her appeal would prove unsuccessful she had the right to go to the supreme court which she didn’t do. Therefore the default excuse is not valid anymore.
In fact if it were so easy each and everyone who receives stolen property would simply chose to condemn the court to force a judgement made in default.

Anglo, you know what these people are doing is actually theft.There is no way any legal system would ever find them innocent, because by the time it will, that legal system will collapse by itself.

Pourquoi? Vous n'aimez pas les gonnara?

That was an expression meaning "We cannot be fooled easily/by little things"

She appeared in court, stated her case,was found guilty, and is now appealing to the RoC Supreme Court.

[Kifeas]

"stolen property"?

Yes boy, stolen property! That’s exactly what happened.

Have they stolen anything within the boundaries of the GC Administration?

There are no GC administration boundaries, boy! The land in the north belongs to the RoC as well as that in the south. The property the Orams bought is a GC ownership property that has been stolen from the GC owner by Turkey when she made the invasion in Cyprus in 1974. The Orams accepted to buy stolen property and as you know this is a punishable crime by the laws of any country.

They have legally bought land in the area of Girne, built a house and don't wan't to hear anything from the Greeks.

Whether they like it or not they will hear from the Greeks too much. They must pay for their crime to “buy” the stolen GC property.

She and her husband have nothing to do with any of the Courts of the GC and all this so called arrest warrants of the GC's is just something to smile for European Authorities!

Whether they have to do with RoC courts or not, it is the RoC courts to decide and no one else. For your information, they accepted the RoC courts, they appeared in frond of them and they tried to defend their case but they lost the trial. No European Authotity smiles, boy!

[Kifeas]

She appeared in court, stated her case,was found guilty, and is now appealing to the RoC Supreme Court.

The Supreme Court appeal is over. She lost there too! The case is heading towards the British high court now, for enforcement!

As for the Greek language, it is perfectly fine. Greek is one of the two official languages of the country. Turkish is the second one. A summon in any of the two languages is just fine. No problem with that!

[Kifeas]

No, you're off on a tangent here - the UK Govt simply does not believe the Cyprus situation is best solved on a case by case basis in law courts. It belives in a comprehensive politically negotiated settlement along the line sof the A Plan. It's nothing to do with recognition.

Then why the British legal system adopted the Loizidou case as a precedent?

The British system of government has the separation of powers: the legal part is independent of government, therefore the judiciary act independently of the politicians/lawmakers.

Exactly right! That is why the enforcement of the RoC court rulings by the British courts is perfectly fine. The court ruling of the Orams will not go through the government through the British legal system. Therefore forget the so-called public policy stories!

[MicAtCyp]

Thanks Kifeas for the support. I was not very well informed of the Orams case and it seems Anglo tried to trick me by initially saying there was an arrest warrant against her (based on a court decision at default), whereas in the end he says the case is still in courts. Both of which proved lies. One must be very careful when discussing with these guys.

[Anglo]

She appeared in court, stated her case,was found guilty, and is now appealing to the RoC Supreme Court.

The Supreme Court appeal is over. She lost there too! The case is heading towards the British high court now, for enforcement!

As for the Greek language, it is perfectly fine. Greek is one of the two official languages of the country. Turkish is the second one. A summon in any of the two languages is just fine. No problem with that!

The supreme court appeal is over? Can you supply me with the ruling or any press coverage because I appear to be out of touch? I was under the impression that the appeal had not been heard and ruled on yet...