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19th January, 2010
PRESS RELEASE
Judgment of the English COURT OF APPEAL (CIVIL DIVISION) in the
Case No: A2/2006/2114
Apostolides v Orams
Before :
LORD JUSTICE PILL
LORD JUSTICE LLOYD
and
SIR PAUL KENNEDY
The Court of Appeal (Civil division) in London has, this morning, handed down its judgment in the Case No: A2/2006/2114 Apostolides v Orams. The Court of Appeal has decided in favour of Mr. Apostolides. The present appeal is final. A further appeal to the Supreme Court of the United Kingdom is not permitted.
The judgment provides that the Cyprus judgments be registered and enforced in the UK. The Cyprus Court had made a number of Orders against David Charles Orams and Linda Elizabeth Orams, regarding land at Lapithos in Cyprus belonging to a Cypriot refugee, Mr. Apostolides. In particular, the Cyprus Court ordered that the Orams should:
- Cease trespassing on the land belonging to Mr. Apostolides;
- Deliver up possession of the land to Mr. Apostolides;
- Pay ‘mesne profits’ (effectively, rent) to Mr. Apostolides in respect of the period of their occupation;
- Knock down the villa and fencing they had built on the land; and
- Pay certain sums in respect of Mr. Apostolides’s costs of the proceedings.
The Orams will also be ordered to pay the legal fees incurred by Mr. Apostolides, regarding the London and Luxembourg proceedings.
This judgment has determined in a final way that the legal rights of displaced Cypriots against trespassers, as determined by the Courts of the Republic of Cyprus, can be enforced in the United Kingdom.
Mr. Apostolides feels totally satisfied that the European institutions have safeguarded his right to have his human rights to property enforced throughout the Union. He had placed his trust in British Justice and has never felt that this was misplaced.
It is expected that this will act as a future deterrent for speculators in stolen Cypriot properties, as well as those willing to take small or bigger risks. The way is now open for all Greek Cypriots whose properties have been usurped by other EU nationals, to take legal action and enforce Cyprus judgments against such trespassers in the United Kingdom and other EU countries.
Mr. Meletis Apostolides and his Cyprus lawyer Mr. Constantis Candounas, will be giving a press conference,
1. today, at 13.00 pm at the 1st floor drawing room of the Covent Garden Hotel, Monmouth str., London WC2H 9HB.
2. on Thursday, 21st January, at 10.30 am at the Goethe Institute, by the Ledra Palace check point in Nicosia, in Cyprus.
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