Wednesday, 20 January 2010


[2010] EWCA Civ 9
CA (Civ Div) (Pill LJ, Lloyd LJ, Sir Paul Kennedy) 19/1/2010 
Mr and Mrs Orams bought a holiday home in Northern Cyprus.  Its alleged former Greek owner obtained the following judgment from a Court in the Republic of Cyprus (the southern part of the island):
1. Demolish the Villa, pool and fencing.
2.Give possession of the land
3.Pay £11,514.28 in damages
4.Pay £442.85 a month until delivery up
5.Interest and costs
The Court of Appeal, following a judgment of the ECJ say that this is now enforcable in England and Wales. 
This has been reported as the Court of Appeal ordering Mr and Mrs Orams to demolish the villa, the pool and the fencing and to give possession of the land back to Mr Aposolides.  Obviously the Court of Appeal can't and hasn't ordered any such thing.  It has ordered that the judgment from a court in Greek Cyprus (and member of the EU) is enforcable in England and Wales,  although clearly the only bit enforcable is the order to pay special damages, mesne profits and interest.  An English Sheriff has no power to go enforcing Southern Cypriot possession orders in Northern Cyprus.  He would probably need a small invasion army to assist him and may meet resistance from UN peace keepers.  The non-money and possession orders will remain unenforcable until Turkish Northern Cyprus recognises and enforces the judgments of Greek Southern Cyprus.  The Turkish Government of Northern Cyprus said this:
“The British court will have to decide how to implement its ruling. We will not implement it,” Turkish Cypriot leader Mehmet Ali Talat’s spokesman Hasan Ercakica told the Mail, adding: “If Apostolides really wants his property back, he can apply to the property commission”.
Which probably means it is a while before Mr and Mrs Orams will have to give up their lovely holiday home.  Indeed does Mr Apostolidies want his property back?  Does he, can he return to live in Northern Cyprus.? Or does he just want the cash?

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