Cyprus-Forum.com

[elko]

"The lawyer for the Greek Cypriot Meletios Apostolides says he has lodged an appeal against the landmark London High court judgement in favour of Lapta home owners David and Linda Orams. The court ruled that a South Cyprus court verdict ordering the Orams to demolish their villa and return the land was not enforceable in the British courts. Mr Apostolides had until October 4th to lodge his appeal and this was done the day before on the 3rd however the lawyer representing Apostolides was not willing to go into details on the appeal.
The lawyers representing the Orams will study the case over the next few days and then draft a response."

This case was fully debated on this Forum when the decision was out. I will confine myself only to the legal issues and hope others do the same.
Justice Jack decided against Apostolides on two counts:

1. Point of Law. The Whole of Cyprus is taken into EU but Protocol 10 suspended the application of EU law for the north. Hence Apostolides could not rely on EU Aquis to go after Orams in England in respect of his property in the north of Cyprus.

2. Point of Fact. Justice Jack found that Orams were not given enough time to put in their defences and the decision in ROC court was taken in their absence. Hence even if it was not for Protocol 10, he would still refuse the application of Apostolides.

It is well known that Higher Courts invariably do not interfere with the decisions of the lower courts wrt. "Point of Fact". Bearing this in mind, why did Candounas for Apostolides file this appeal? Apparently he graduated from Queen Mary college and started practising law in Cyprus only in 2004. Could the reason be inexperience? I do not think so. I think somebody in overall charge have decided to keep the suspense by appealing knowing full well that the appeal will be rejected at least on "Point of Fact".

Though unlikely, it is possible that the Court of Appeal may reverse the decision about Protocol 10. So what, as far as Orams are concerned, they are safe because of the second reason. However it will leave the issue open until at a future date Protocol 10 is referred to ECJ.
Suppose the Court of Appeal upholds the decision of Justice Jack on both counts, can Apostolides apply to the European Court of Justice about Protocol 10? I think not because it would be an academic exercise as far as Apostolides is concerned. Courts do not decide on academic issues, they decide only if it affects the applicant.

So any ideas why Apostolides has appealed knowing full well that he stands no chance of winning ?
ismet

[rolo]

heres a clue:

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

[elko]

heres a clue:

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

I am not clever enough to work this one out
ismet

[zan]

So any ideas why Apostolides has appealed knowing full well that he stands no chance of winning ?
ismet

The decision cannot be reversed or changed. Apostolides lawyers acknowledged the fact after the court case. They are only appealing as to how much of the costs they will have to pay.

[elko]

Thank you Zan, it was a good clue but I did not understand it.
ismet

[pantheman]

Elko,

you post was good, but selecetive. As I would have expected.

You only stated what you wanted others to hear. What about the othe things the judge said ;

"..1. That the Orams were tresspasses "

".. 2. The land title still belongs to Apostolides "

This would make a big difference to your post wouldn't it ? As now you can see the man has been stuffed by both the Orams and the British courts.

Your item 2 point of fact, is absurd, not only did they do the stealing, are in the wrong, you (and the british courts) have wronged the man because apparently he didn't serve some notice properly.

For gods sake, they were the bloody theives were they not ? Look at what the judge said.

Therefore, my dear elko, please give the proper facts in future and do not try to blind us with the selections of information that suit you and your cause.

Pantheman

[elko]

Pantheman,
Obviously the law is not your strong point. I was merely discussing the legal implications of the appeal and try to understand why they appealed when I thought that they had no chance of winning.
The rights and wrongs of the case is completely different and all that was discussed before. As I pointed out in my original post, I confined myself to the legal implications of the appeal. Surely I have the freedom to select what to discuss and you have the exactly same freedom.
ismet
I hope the image comes up properly. It explains the Cyprus Problem and the method used so far to solve it.

[twinkle]

I thought the appeal was on the basis that this is the normal route through the English Court System. The High Court could not enforce the order so therefore goes to Appeal Court, then House of Lords then European Court. BY taking this route surely he will have more chance of getting the correct outcome......

[pantheman]

Elko,

your image was just about right, however, i never claimed law was a strong point of mine and i think many legal decisions are made depending on how the judge feels on the day or of the political reprecussions his/her rulings may have.

I point i was making, (since i guess law is not the strong point of the many forum members) was that the way you put it across made it sound like mr Apostolides was in the wrong and the Orams were in the right. You may have stated the legal implications but i stated the moral implications. And yes you are free to discuss the issues you want as long as i am free to object to them when i think that they are misleading !

Anyway. no harm done ?

Pantheman

[Solveit]

According to 'Elko' on another board the Orams case is now dead as Apostolides only registered an appeal against the court costs awarded against him.