ECHR ruling !could this mean a reversal of the Orams case

scootex



Joined: 03/03/2009
Posts: 908

Message Posted:
06/03/2010 09:55

The ruling by the ECHR in favour of the TRNC immovable property commision surely must be a good thing for the uncertainty of buying over here at last euopean judges seem to have sen sense

scootex



Joined: 03/03/2009
Posts: 908

Message Posted:
06/03/2010 10:16

As reported in the Cyprus today front page ruling came out late yesterday

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
06/03/2010 10:18

The Orams decision stands but from now on, I believe, GCs have to apply to the IPC or else wait for a solution. Looks like there will be no more trespassing cases as IPC decisions do not include compensation for trespass. This should be a great relief and should put the north's property make back to where it was before the Orams decision, i.e. pretty weak. But the rain has exposed a lot more weakness in the construction industry so that'll weaken it a bit more.

The Orams case now sticks out as an anomaly and there may well be a case for quashing it if there was such a mechanism in the EU legal system.

twaddle


Joined: 06/07/2008
Posts: 245

Message Posted:
06/03/2010 11:01

Malsancak, I can't see that the Orams case can be quashed as the court of appeal has ruled that there is no right of appeal to the supreme court.

scootex



Joined: 03/03/2009
Posts: 908

Message Posted:
06/03/2010 11:19

According to the mid week Cyprus today the Orams are petitioning to be allowed to appeal to the supreme court I think that the ECHR outcome must be taken into consideration by the powers who decide these things

scootex



Joined: 03/03/2009
Posts: 908

Message Posted:
06/03/2010 11:23

http://www.dailymail.co.uk/news/article-1255884/Britains-grey-exodus-55s-fed-crime-weather-abroad.html link to the mail article

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
06/03/2010 11:23

Dear Mal,



it should be noted that the ECHR still regard the ownership status - as of July 74 - to be the basis of an ownership claim.



So, a GC could still go to Court re trespass.. win, and seek enforcement. The defence would be that the IPC is a local remedy.



Whether a 'rump' RoC Court would see that as a legit legal argument BEFORE this ruling would have been questionable.. I didn't expect a flood of Apostolides v Orams clone cases and I'm certain we won't see many, now.



However, I would like to see some cases where the IPC rule for restitution where properties / land are occupied.. THIS, now becomes the most important matter.. whether the IPC is ruling fairly...

twaddle


Joined: 06/07/2008
Posts: 245

Message Posted:
06/03/2010 11:34

Mark, do you think that the IPC is likely to return occupied property back to the original owners when the ruling states that to do so after 35 years would be harsh as men women and children would then be evicted onto the street?

TRNCVaughan


Joined: 27/04/2008
Posts: 4578

Message Posted:
06/03/2010 11:34

I'm sure there is plenty of undeveloped land and partly built on ("abandoned" projects?) land to give back. It's established and lived in buildings that will be difficult to resolve without financial compensation.

twaddle


Joined: 06/07/2008
Posts: 245

Message Posted:
06/03/2010 11:40

I agree and reading the judgement, I think that is the road that the IPC is suggesting. This is definately a big steer for the reunification talks on the property chapter and seems to agree with the TRNC position of compensation before restitution which is the only sensible method of resolution this far down the line.

MarkVPiazza


Joined: 14/08/2008
Posts: 530

Message Posted:
06/03/2010 11:42

So the RoC government surposedly has a fund to compensate for all the TC land that they have used since 1974.



When can we hope for this fund to be made available?



What is the RoC version of the IPC?



When it's revealed that the RoC has NEVER put aside from all the stolen TC land, their budget defecit is going to make mainland Greece's look like pocket change.



Mark

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
06/03/2010 11:54

Mark: re msg 10



the Roc version of IPC is the TC property guardian.. it didn't take any a legal action for it to be set up and the 'rump' RoC contention was that only that body should rule on property .



Twaddle: When TCs have successfully applied for RESTITUTION in the 'rump' RoC the current occupiers have to be found alternative accommodation - they AREN'T 'dumped in the street'



Also, please remember that TR / 'TRNC's' line was long ' a GC / TC has already received compo in the form of an 'exchange'..... it took legal action against TR to make 'em create a local remedy. We have yet to see if it will rule as favourably ( to the GC ) as the ECHR in 'direct' cases did ..

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
06/03/2010 11:59

cont: the 'rump' RoC have tended to settle out of court to avoid precedents ..



Who will fund all the payous - if many more GCs pile in... ?



Will their be a flood of TC cases, too ?



Could all these cases ( and huge awards) bring about the political compromise that is so necessary?

MarkVPiazza


Joined: 14/08/2008
Posts: 530

Message Posted:
06/03/2010 12:02

MMMM



But the "property guardian" can hardly be described as an effective remedy as you have to live in the RoC for 6 months before you can apply, unlike the fairer IPC



What about all the TCs who had to leave their homes and fled to safety in foreign countries, should they not have equal rights to regain their property or compensation?

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
06/03/2010 12:09

Dear Mark



re msg 14



As you know I regarded this precondition as unfair and the RoC have now promised to drop it..following an out of Court settlement to the TC lady - based in London - re her 1.5 properties in Larnaca



The 'fairer' IPC' was an enforced remedy not one set up voluntarily..



Please keep things in perspective....



How much GC land / property has been allowed to be 'sold on' for private gain .. whilst the RoC TC Guardian has largely rented out TC property and it CAN'T be sold on ..

girne 29


Joined: 06/12/2007
Posts: 1488

Message Posted:
06/03/2010 13:08

"How much GC land / property has been allowed to be 'sold on' for private gain .. whilst the RoC TC Guardian has largely rented out TC property and it CAN'T be sold on .."

Agree on that ,in theory,but in practice ,are these properties just waiting for the TC to come and the ROC will kick out the people living in them, demolish and return to original state. What about estates?



Is it really the case? .Was money to be put aside by ROC authorities for future compensation and was it? Is it not a problem for ROC if TC's do as that Mr A did, refused compensation and demanded the villa be vacated, demolished and land returned to him.This being enshrined by ECHR will mean ROC will have to do the same,a no win ,they lose land in the ROC without winning land in trnc.



Was it not the ROC saying any all the TC's could reclaim land,while at the same time praying they didnt ?



While everything is rotating round property ,I notice there is very little being talked about the settlement.

winslow


Joined: 09/04/2009
Posts: 332

Message Posted:
06/03/2010 13:28

This ECHR case involved legal cases against Turkey involving former G/C property owners who sought redress for the loss of the property from Turkey after the 1974 intervention. Their claims have been rejected by the (ECHR) which said that domestic remedies had not been fully exhausted and this should occur in the first instance. Instead, G/Cs whose property was lost during this period must first now go to the (IPC) which was established in 2005 to settle their cases and only if they cannot agree then apply to the to the European court for redress. I will dispense with the figures thus far you can see them in the links. The ECHR has ruled the İPC "provides an accessible and effective redress for G/Cs complaints about deprivation of property in theTRNc following 1974".The claiments complained they had been deprived of the use of their property and access to their homes in the TRNC.



Con...

winslow


Joined: 09/04/2009
Posts: 332

Message Posted:
06/03/2010 13:29

con..



Their properties were said to include various plots of land, some cultivated and fully furnished houses or buildings. The court said that persons claiming their rights to immovable or movable property could bring claims to the IPC for a fee of 100 TL per application if they submitted their title deeds as evidence of ownership. This case still respected the right to protection of property and respect for home and discrimination still recognising the RoC as the legitimate government. However this ruling by ECHR also for the first time recognises an official institution of the TRNC by an international institution and is truely a historic decision.Firstly compensation if sought will be paid to G/C if requested and agreed by the IPC to G/C who produce their title deeds for land which has subsequently been sold, developed or still inhabited by T/C families of 74.



Con..

winslow


Joined: 09/04/2009
Posts: 332

Message Posted:
06/03/2010 13:29

con..

In other words the expat, foreign and T/C communities who have purchased property or reside in or on these properties should now feel safer and forget about their assets being seized within other EU jurisdictions as there is no mention of trespass in the IPC’s decision. The ruling said the IPC was an appropriate domestic body for deciding the complex matters of property ownership in the island in terms of valuation and assessing financial compensation. The Court also stated it not an obligation on claiments to make use of the IPC. Claiments could chose to wait for a political solution. İf claiments could’nt agree with the IPC or wait for a political solution then it would be open to them to then apply to the European court for redress. İmportantly the IPCs valuation and its assessing of financial compensation will probably now be used as the benchmark for valuation in the TRNC and any subsequent EU cases.



Con..

winslow


Joined: 09/04/2009
Posts: 332

Message Posted:
06/03/2010 13:30

Con..

The IPC will probably value land in its oringinal state at current market value any sebsequent development that has taken place will probabley be discounted as it will be argued by the IPC that G/Cs are not entitled to the benefits of development as that would be tantamount to unjust enrichment in the form of semi-completed or completed properties and commercial investments. The Court was not convinced by the allegation that IPC members lacked subjective impartiality, due among other things to the presence of Turkish military personnel or the appointment of members of the IPC by the “TRNC” President. Nor was it of the opinion that the sums of compensation awarded under Law 67/2005 would fall short of what could be regarded as reasonable compensation.







Con..

winslow


Joined: 09/04/2009
Posts: 332

Message Posted:
06/03/2010 13:31

Con..



PS.



Moving away from the above. The recent floods were a mini catasrophe for all of us. During this whole peace process we have heard how christophias has constantly said we are all brothers and fellow cypriots and Cypriots alone together will find a solution. Yet they have not even offered us.. a blanket... not a biscuıt... nothing not even words of empathy for the many who have suffered. Where is all thıs brotherly love they have been pushing on the international stage to justify their argument making us out to be cold hearted rekindalled ottoman barbarians (the Terrible Turks). İf they had any modescom of humanitarianism in themselves they have just missed a golden opportunity to show us we have only now again witnessed their true emotions which is no emotions. And all these politicians believe they can sit down in a federal parliament and play lovie dovie politics... don’t make me laugh...



Winslow.

TheSaints



Joined: 28/01/2009
Posts: 1369

Message Posted:
06/03/2010 13:38

Maybe it could just be another piece of the political jigsaw to gently nudge both sides to a Political agreement....

Tatlisu4me


Joined: 26/01/2008
Posts: 436

Message Posted:
06/03/2010 14:09

The ECHR said "Firstly compensation if sought will be paid to G/C if requested and agreed by the IPC to G/C who produce their title deeds for land which has subsequently been sold, developed or still inhabited by T/C families of 74".



I should imagine a good bit of the land in the north was "owned" by the GC authorities i.e State land.



Do they apply to the IPC ?

millzer


Joined: 12/04/2007
Posts: 978

Message Posted:
06/03/2010 15:13

Message 15



6 M's: "How much GC land / property has been allowed to be 'sold on' for private gain .. whilst the RoC TC Guardian has largely rented out TC property and it CAN'T be sold on .. "



BUT, as far as I understand it there are also housing developments built on TC land. Are you saying Marky that all houses on an estate are going to be vacated by GC's and raised to the ground in order to allow the original TC owner to claim it back? Somehow I don't think so!



Single (original) pre '74 properties yes, multiples and post'74 properties, I doubt it.

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
06/03/2010 15:26

Now where could Turkey get £billions to pay compensation??? Well one way would be by not having to pay £600m per year supporting the TRNC, let the RoC/EU take over that bill.



I'm not sure how these trespass cases against Brits can be brought now. Surely a GC now HAS to first go to the IPC and then to the ECHR and then to the UK courts. That'll take 10 years at least now that the IPC will be jammed. The alternative is to wait for a settlement and see what the terms of that will be as far as property is concerned.

wanderer


Joined: 05/02/2009
Posts: 1653

Message Posted:
06/03/2010 15:33

"The Court also accepted that after more than 35 years of the properties being left by Greek Cypriots following the war in Cyprus, it would “risk being arbitrary and injudicious for the Court to impose an obligation to effect restitution in all cases – which would result in the forcible eviction and re-housing of many men, women and children”."

They also said it was a formulae for the roc to adopt for the TC's in a similar position

So no demolition no forced re-housing

Also if you don't like it wait for a political solution

There's a potential big bill for Turkey but an even bigger bill for the roc per head of population

MarkVPiazza


Joined: 14/08/2008
Posts: 530

Message Posted:
06/03/2010 15:47

MMM, ref message 15



We have friends who have, at last estimates, businesses in the south valued at over £200 million Cyprus pounds held in trust.



When Makarios died, they stopped receiving income.



Where has all this income gone since 1977??

Do you think the RoC Government has it all sitting in a bank account gathering interest, waiting for re-unification?



This is why there will never be a political settlement - the south rulers have been lining their, and their countries pockets, with Turkish Cypriot money for over 20 years.



If the "accounts" were every done, the RoC would make Iceland look like a model of financial probity.



The RoC is bust, and they will never agree to any deal, because, quite simply, they can not afford to



Mark

sporty


Joined: 06/12/2007
Posts: 685

Message Posted:
06/03/2010 16:28

They could always get greece to help them out financially! lol.

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
06/03/2010 19:20

The USA will eventually pay via Turkey.



This is fantastic news for all those who had concerns regarding their property. The tide has now turned, it's onwards and upwards from now. Property prices will slowly increase and the sales of property will now start. People can now buy with confidence in the knowledge that they are safe.

kaiserphil


Joined: 14/12/2008
Posts: 1096

Message Posted:
06/03/2010 20:42

I hope you are right Bill. Do you not think that the other house-buying problems will still make people cagey?

MUSIN M


Joined: 26/06/2008
Posts: 1352

Message Posted:
06/03/2010 21:54

winslow



long live the turkish cypriots and long live the kktc,we have the right to be equals ,even if the greek cypriots

don,t want or like it.



musin

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
06/03/2010 22:16

Dear Millzer



re msg 24



OF COURSE the 'rump' RoC built on TC land - where the heck did you expect 200K+ homeless folk to live? !



They currently do not have deeds that say - these are YOUR houses.. they could not sell them for profit. They have been stuck in limbo.. meanwhile 'TRNC' allowed TCs to 'sell on' for profit..



The passage of time has muddied the waters re restitution - but I think you'll agree that was always the intent.. it doesn't make it right..



I personally know of a GC family awaiting eviction form their 'home' of 30+ years ( owned by a TC) yet they can't move back to THEIR home as it is in the Turkish admin'd part of CY..



It is a shame the ECHR had to force TR to act... but AGAIN - I think it was always in the back of their mind that the longer things went on - the more waters were 'muddied' - the less chance of a 'reversal'

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
06/03/2010 22:26

It is a shame the ECHR had to force TR to act... but AGAIN - I think it was always in the back of their mind that the longer things went on - the more waters were 'muddied' - the less chance of a 'reversal'



Mark. This is as good if not better than the 'guarantee'.

winslow


Joined: 09/04/2009
Posts: 332

Message Posted:
06/03/2010 23:15

Msg tatlus4me 23



İt is difficult to quantify the amount "owned" by the GC authorities and do not forget the Greek Orthadox church. Of course they will have to negotiation with the IPC there are no exceptions or it would have been stated. The IPC as the official body that represents the TRNC and as such is best placed in assesing valuation for the purposes of financial compensation.



Con...

winslow


Joined: 09/04/2009
Posts: 332

Message Posted:
06/03/2010 23:16

Musin Msg 31

Yes long live KKTC this is just the bigining.This ruling by ECHR recognises an official institution of the TRNC and in the context of what happened with the Annan plan Orams and CTA decisions we must respect this in our fight for recognition and the end to our unjust isolation. As time passes and ıssues are dealt with by the IPC and cliams are withdrawn This will help our economy and instill confidence in future investment for the benefit of our people and is an important step to recognition. We need (FDI) and that on comes with confidence in the belief that investment are save from the possible wrath of other jurisdictions such as with Orams. Do not be surprised if you slowly begin to see gentle influx of early FDI investment. And I asure it will be argued by the IPC that G/Cs are not entitled to the benefits of development as that would be tantamount to unjust enrichment. Shall we say it

İts all gone quıet over there.

long long live KKTC.

Winsl

andy-f


Joined: 03/05/2009
Posts: 1256

Message Posted:
06/03/2010 23:38

winslow " its all gone quiet over there "



well ive just had a quick look at the dark side forum and they are reading this completly different to what we are , one post said its to force all GCS to use the ROC courts instead of the IPC ?



they seem to think this is to there favour.



andy

MUSIN M


Joined: 26/06/2008
Posts: 1352

Message Posted:
06/03/2010 23:53

andy



they would , just give them some time ,they will eventually get it.



from what i have been reading turkey is the next iraq ,and is about to get attacked by two super powers russia and america ,i think it,s fair to say they have lost all sence of reality.



musin



long live the kktc

winslow


Joined: 09/04/2009
Posts: 332

Message Posted:
07/03/2010 00:16

Andy

You have just had a quick look at the dark side forum and they are reading this completly different to what we are one post said its to force all GCS to use the ROC courts instead of the IPC ? they seem to think this is to there favour.



Andy they have to make themselves feel better for the record they are members of the EU and are bound to respect its Judgements the court stated ‘’Even if the cliaments did not live as such under the control of the “TRNC”, if there was an effective remedy available for their complaints the rule of exhaustion applied. The Court reiterated that an appropriate domestic body, with access to the relevant information, was clearly more appropriate for deciding on complex matters of property ownership and valuation and assessing financial compensation, notwithstanding the time and efforts required from the claiments to exhaust domestic remedies.

Con...

winslow


Joined: 09/04/2009
Posts: 332

Message Posted:
07/03/2010 00:18

Con..

The Court was also not convinced by the allegation that IPC members lacked subjective impartiality. These are silly statements on that forum by individuals. İts their senior politicians that I was referring to. We will see in the next few weeks their reaction which will be very interesting.

Winslow.

BillBarnacle


Joined: 20/04/2009
Posts: 167

Message Posted:
07/03/2010 00:37

This must be good news for the TRNC for two reasons



1.The bedroom dwelling maggots on the Cyprus forum who are usually so full of themselves are somewhat upset at this ruling



2.GC politicians have stated on their news that they are disappointed by this ruling which they say is a wrong decision BUT they will have abide by it



Finally unless i am mistaken ECHR rulings sit above domestic court rulings therefore any RoC or UK court MUST take this judgement into its consideration

Tatlisu4me


Joined: 26/01/2008
Posts: 436

Message Posted:
07/03/2010 00:43

Message 34 winslow



Thank you for reply.

millzer


Joined: 12/04/2007
Posts: 978

Message Posted:
07/03/2010 02:15

Dear mmmmmm,



Re message 32



"OF COURSE the 'rump' RoC built on TC land - where the heck did you expect 200K+ homeless folk to live? !"



Did I say they SHOULDN'T have built on TC land!! No! I certainly don't expect them all to be still camping in tents by the roadside nearly 36 yrs on!



I don't disagree with you ref the selling for profit of GC land in the north, but things are as they are. The point I was making is that those GC on estates built on TC land in the south (& vice verca) also should gain from this in the end as it is clearly not practical that say, for example, a large piece of barren land left behind in '74 and now developed to house refugees should be returned to it's barren state effectively uprooting many many people on what is now an urbanization just to be able to effect 'restitution' to the person (the legal owner in law granted) who occupied it 36 years ago.



I know the principle you are getting at but too much water has now passed under the bridge.

Tenakoutou



Joined: 27/07/2009
Posts: 4110

Message Posted:
07/03/2010 08:35

millzer/Msg42:



What you and others have mooted is absolute practicality, and this line of argument should be the key factor used by the Orams in their appeal.



'What's sauce for the goose is sauce for the gander!' How can the EU courts ignore such reality?



They will have to accept and admit that they set a biased and prejudicial precedent concerning their, what they thought was, the final Orams judgement.

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
07/03/2010 09:18

Tenakoutou wrote, "How can the EU courts ignore such reality? "

Quite easily. I believe the law is often commandeered for political reasons and I believe the Orams case was one of those occasions. However, the ECHR's humanitarian "do not move people from their homes" approach does seem to be making the ECJ's "you are all trespassers, demolish your home and get out" decision look contradictory even if it was legally correct.

Tenakoutou



Joined: 27/07/2009
Posts: 4110

Message Posted:
07/03/2010 09:30

Quite right, mal - and only for 'political reasons' did the EU not only accept RoC (and Greece) into their 'club', yet hypocritically ignored and renegued on their promises to the Turkish Cypriots in respect (or lack of!) the TC's 'Yes' vote to the 'Annan Plan'.

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
07/03/2010 10:36

Dear Mark P re 27



I'm not in a position to answer your question about this TC biz - or where the revenue stream has gone.. no more so that those of GC biz' that had to move, too :(



Dear Millzer



re msg 42



I don't think I meant my reply to come across to you as you may have interpreted it - but my apologies for it being open to misinterpretation



I think Annan was the best compromise deal as too many TCs [ in particular] were worried about a mass return to GCs .. it is clear that Turkey has behaved in a manner that took no account for a situation whereby GCs might want to return



Annan allowed for a period of adjustment to the two bi-zonal, bi-communal regions - as part of a Federated state ( 19 years?) before it would be possible to review the rights to live / work where one likes..

millzer


Joined: 12/04/2007
Posts: 978

Message Posted:
07/03/2010 10:46

Thanks Mark, I agree with you re Annan. It'll be interesting to see where the two sides go from here. Hopefully it will give a new impetus to the talks.

Tenakoutou



Joined: 27/07/2009
Posts: 4110

Message Posted:
07/03/2010 11:07

millzer/msg47: ' Hopefully it will give a new impetus to the talks.'



Naturally, we would all wish to see positivity regarding the 'Talks' - but the RoC Orthodox Church will surely 'scupper the job'.

millzer


Joined: 12/04/2007
Posts: 978

Message Posted:
07/03/2010 11:12

message 48, I'm sure you r right on that one Tena

scootex



Joined: 03/03/2009
Posts: 908

Message Posted:
08/03/2010 15:20

and finally some recognition of the TRNC surly the orams case has got to be heard again

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
08/03/2010 16:46

The Orams decision should be quashed as the RoC had no right to judge on the matter, according to the ECHR.

scootex



Joined: 03/03/2009
Posts: 908

Message Posted:
08/03/2010 21:40

I think were preaching to the converted

breezyboy


Joined: 14/05/2007
Posts: 1179

Message Posted:
09/03/2010 18:07

I do not know where the figure of 200,000 homeless came from.

Even if it is remotely true, I would rather be homeless than left in the position so many Turkish Cypriots found themselves- Dead!

Thanks to their "brothers".

winslow


Joined: 09/04/2009
Posts: 332

Message Posted:
09/03/2010 18:45

Orams my opinion

İt would be important to explore in the case of the Orams possible differing scenarios as this seems to be a frequently asked question.

Firstly I say this sadly but at present I do not believe it will impact on their individual case as it stands at present based on the ECJ opinion of 28th April 2009. The UK Court of Appeal decided to enforce the judgment of Mr Meletis Apostolides secured at The ECJ. This judgment preceded 5th March ruling. The Orams are locked in the process of enforcement and must go through the procedure laid out by the Judgment of the court otherwise they will be held in contempt as per their ruling as there is Mr Meletis Apostolides to consider as the aggrieved party. He has a right to compensation after his securing this judgment against the Orams as the possessor’s pre-1974 and rights to ownership.



Con..

winslow


Joined: 09/04/2009
Posts: 332

Message Posted:
09/03/2010 18:46

con..Orams what to do?

1. In my opinion must seek in a sense to go through the back door entering into evidence as they have no right to personal right to appeal. During and at their hearings regarding their ability to comply with the Apostolides judgment that has been secured against them. Their legal team must really fight and present an argument such as’’5th March Judgment was not available to the court at the time of the Apostolides ruling and is new evidence which if had been available at the time would have had a direct bearing on the judgment of the court’’ if the court accepts this into evidence as new then it will be sent back via the court to the Appeals Court and the Orams are home free so to speak.



2.İf not then Mr Apostolides must have a change of heart and waive his rights to the judgment and apply directly to the IPC I doubt this very much as he most definitely will argue his rights having secured the Judgment.



Con..

winslow


Joined: 09/04/2009
Posts: 332

Message Posted:
09/03/2010 18:48

Con..



3.İf all else fails the Orams can go through the motions and once completed the way is open for themselves to apply to the IPC for compensation as an exceptional circumstance having been burdened with having to compensate Mr Apostolides as a result of the 5th of March ruling now being the accepted route it should have been the responsibility of the IPC. They would have a good chance as Mr Apostolides would not be able to make a further claim having already secured his judgment and the return of his property and had it not been for the Orams it would have been left to the IPC to compensate Mr Apostolides. Therefore the Orams should be recompensed. İt would also be used as an example that if any other Orams style cases are listed purchasers that have to go through the same will feel confident that they will also ultimately be compensated.

I posted this opinion on the allternative tread.

Winslow.