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Couple celebrate court win in Cyprus land row
• Britons built dream villa in Turkish north of island
• Former Greek Cypriot owner says he will appeal
Clare Dyer, legal editor
Thursday September 7, 2006
The Guardian
A British couple who built their dream villa on disputed land in the Turkish republic of northern Cyprus won a high court victory yesterday protecting their UK home from having to be sold to compensate the dispossessed Greek Cypriot landowner.
David and Linda Orams's legal battle has become a cause celebre in Cyprus, where thousands of expatriates have bought bargain-priced property in the northern part of the island, much of it once occupied by Greek Cypriots who fled after the Turkish army invaded in 1974.
Ruling in their favour yesterday, Mr Justice Jack said the case had "an importance which extends far beyond the parties". An estimated 6,000 Britons own property in northern Cyprus, although not all the titles are disputed.
Meletios Apostolides, a Greek Cypriot architect, won two judgments from the district court in Nicosia ordering the couple to demolish their villa, vacate the land and pay him damages. The judgments could not be enforced in the Turkish republic of northern Cyprus (TRNC), so he registered them at the high court in London under rules providing for courts in EU member states to enforce judgments obtained in other member states.
But the couple appealed and yesterday the judge ruled that the judgments were unenforceable in England because, although Cyprus was now a member of the EU, the application of EU laws to the northern part of the island had been suspended pending a settlement between the Greek and Turkish communities.
To the annoyance of the Cypriot government, the couple were represented by the prime minister's wife, Cherie Booth QC. President Tasson Papadopoulos condemned her for taking sides in one of the most sensitive issues on the island.
The Orams could have lost their home in Hove, East Sussex, had the judgment gone against them. But that threat still hangs over them because the judge acknowledged the issues were difficult; he gave Mr Apostolides permission to appeal.
Cyprus, a former British colony, has been divided since 1974, when Turkey invaded the north in response to a military coup on the island backed by Athens.
Mrs Orams, 59, a former museum assistant, and her husband, 61, who used to work for the South Eastern Electricity Board, bought the land in Lapithos for £50,000 in 2002 and spent £150,000 building their villa, adding a swimming pool and creating a garden.
The judge ordered that Mr Apostolides should pay 75% of the Orams's £863,000 costs, with an interim payment of £150,000 - although £75,000 of that will be stayed, pending appeal. The couple are not expected to be called on by their lawyers to pay the other 25% of their costs, run up by an unusually large legal team including four barristers.
Outside court Mr Orams said: "It's taken a whole load off our minds." Mrs Orams added: "We have every faith in English justice and the EU. We realise it's not the end. It's just the beginning of the long road but we have every confidence that we will win the second appeal."
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A British couple have won a High Court battle over their dream holiday home in Cyprus.
Published in The Guardian, 6th September 2006.
David and Linda Orams successfully appealed against the registration for enforcement of two judgments of the District Court of Nicosia in the Republic of Cyprus. The judgments had been obtained by the dispossessed owner of the plot on which their villa was built in the Turkish-controlled north of the island.
The couple claimed they risked losing their home in Hove, East Sussex, if Mr Justice Jack's ruling had gone against them.
Mr Orams, 61, and his wife, 59, spent their £160,000 savings on buying the plot in Lapithos and building the villa and pool.
They bought the land from the registered owner in accordance with the laws and land registry system of the Turkish Republic of Northern Cyprus (TRNC).
Cyprus, a former British colony, has been divided since 1974, when Turkey invaded the north in response to a military coup on the island backed by Athens.
Their counsel, Cherie Booth QC, had argued that the case raised a matter of fundamental importance for people who lived in the Turkish-controlled north in relation to property dealings.
Afterwards, a statement issued on behalf of the couple said the judgment was a "total vindication" of their position.
It said: "It is a substantial victory in a battle by them to maintain and retain their retirement home and their home in England.
"The judgment allows others in the same position to invest in TRNC without the threat of enforcement of judgments rendered in the Republic of Cyprus in the EU."
© Copyright Press Association Ltd 2006, All Rights Reserved. Published in The Guardian, 6th September 2006.
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