YFred wrote:james_mav wrote:Jerry wrote:YFred wrote:Jerry wrote:YFred wrote:Viewpoint wrote:What if its not the result you expect?
Whatever happens this week will not make any difference because the Orams have at least 2 more years in the ECHR court on account that their rights were trampled on in the Nicosia court.
What is the link between the ECJ and the ECHR Fred? One case is against Apostolides and the other is (presumably) against the ROC. Orams may have already lost their property by the time the ECHR is heard. The fact that they
may be able to claw back some of their loss from the ROC is irrelevant and will do nothing to legalise the theft of GC property.
The connection is that that's where you are heading after this judgment on account that the Nicosia Kangoroo court ballsed it up in the first place.
In the mean time, the house is goint to belong to them till there is an agreement.
Fred, you have obviously misunderstood the entire exercise. Orams stand to lose their house in Hove if the case goes against them and judgement is enforced. The importance of Apostolides v Orams is that, in the event the claimant succeeds, he can enforce it in any EU country. This is why the holiday home carpetbaggers are shitting themselves in the north.
The "balls up" in Nicosia will have no relevance to future cases.
There was no "balls up" in the district court - due process was followed; a summary judgment was issued as it would've been just about anywhere for a respondent who refuses to take part in legal proceedings. Any doubt about errors of process and law were extinguished when the Supreme Court confirmed the district court's ruling.
ECHR will be the judge of that. What will be really funny is then if the Orams win a case against roc with 10 million compensation. Now that is what I call justice.
Are the Orams' appealing on procedural/evidentiary grounds? If so, it would be the EJC, not the ECHR...if it's on human rights grounds, I don't know that a lengthy appeal to the ECHR will save them from enforcement proceedings arising from the judgment against them in Nicosia.