The Big Day is almost here

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
27/04/2009 18:02

Tomorrow is the big one. The Oram's decision will be known.



How will you celebrate?

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
27/04/2009 18:08

Surely there must be someone with a positive attitude!

deecyprus4


Joined: 27/07/2008
Posts: 3452

Message Posted:
27/04/2009 18:27

They will win and I will congratulate them with a nice cup of coffee

fire starter


Joined: 19/06/2008
Posts: 3401

Message Posted:
27/04/2009 19:25

they will loose, not that i care, but any excuse for a party .

waddo


Joined: 29/11/2008
Posts: 1966

Message Posted:
27/04/2009 19:27

There will be no decision made that can be upheld and it will trundle on to yet another court case in yet another country until the end of the "Peace" talks.



Party on!!!!

rowlo



Joined: 12/10/2008
Posts: 4796

Message Posted:
27/04/2009 21:32

same as waddo me thinks no1 , but i hope dees right , //////////

pilgrim



Joined: 11/05/2007
Posts: 1404

Message Posted:
27/04/2009 21:36

I cannot really understand why some people actually believe a negative verdict will be so devastating.

Having discussed the legal potential position with an english barrister an authority on property and , the outcome will most certainly be only a 'paper victory' . As political status of TRNC is unlikely to change and enforcement of any judgement will continue as now, unlikely. UK courts although aware of ECHR decision and could use the suspension of recognised legal status argument to delay any enforcement in UK , and certainly have no authority to order any reprocession or demolishion in TRNC and most signifinately each GC claimant would have to pursue a civil claim through the UK court, with little chance of covering their costs, particularly where nominal compensation could be offered thus defeating claim in reality. Actually only worth chasing the developers not individuals.

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
27/04/2009 21:50

Have you forgot? We have the Guarantee.

Littlenige



Joined: 24/12/2006
Posts: 3594

Message Posted:
27/04/2009 21:54

It will all end up a dutch farce.............................

pilgrim



Joined: 11/05/2007
Posts: 1404

Message Posted:
27/04/2009 22:01

balance the risk, against what you stand to gain or lose, still looks very positive compared to elsewhere.

TheSaints



Joined: 28/01/2009
Posts: 1369

Message Posted:
27/04/2009 22:08

I'm with you on this one Pilgrim,

I purchased within my means knowing the risk but then again I don't think there is a big risk to the individual.

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
27/04/2009 22:15

Come on own up, how many purchased here with their eyes shut?

pilgrim



Joined: 11/05/2007
Posts: 1404

Message Posted:
27/04/2009 22:16

I knew risks and will deal any change similarly, not that I expect anything that is unsurmountable, most likely minimal or nothing for most.

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
27/04/2009 22:17

tomms, you're a new name here; what do you think will happen tomorrow?

pilgrim



Joined: 11/05/2007
Posts: 1404

Message Posted:
27/04/2009 22:21

maybe a new name, not sure hasn't been here before sounds familar.

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
27/04/2009 22:22

I think Pilgrims right. The only recourse for the GC's will be to pursue a claim against the builders/developers. It was they that used the land for financial gain in the first place. We are but minnows in a huge pond!

rtddci


Joined: 29/12/2007
Posts: 842

Message Posted:
27/04/2009 22:32

One may only be a small fish in a big pond but it doesn't stop one being eaten alive by the bigger fish ...

Blackpoolfan


Joined: 03/12/2008
Posts: 1568

Message Posted:
27/04/2009 22:39

Pilgrim message 7,

You are bang on i to spoke to a lawyer who specialises in foreign property he thinks the Orams will make no difference at all win or lose to the property market in the TRNC. And if all the Gc's jumped on the bandwagon and lodged claims in uk courts the most cost effective method would be to agree to compensation. As the Beautiful South once sang Carry on Regardless............

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
27/04/2009 22:41

It's not over 'til the fat lady sings..........and I can hear her warming up now )

pilgrim



Joined: 11/05/2007
Posts: 1404

Message Posted:
27/04/2009 22:42

one may seek advice which you consider and then make your own decision, thats my policy.

TheSaints



Joined: 28/01/2009
Posts: 1369

Message Posted:
27/04/2009 22:47

Bill



is it a fat bird in the South singing that Flying Lizards classic "Money" that's what I want?

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
27/04/2009 22:51

Mike, "the best things in life are free......."

pilgrim



Joined: 11/05/2007
Posts: 1404

Message Posted:
27/04/2009 22:52

No Supertramp

dreamer!

TheSaints



Joined: 28/01/2009
Posts: 1369

Message Posted:
27/04/2009 22:54

Straight to the last verse



I want money

I want lots of money

In fact I want so much money

Give me your money

Just give me money

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
27/04/2009 22:56

....if you haven't got any money give me your land...... ))

TheSaints



Joined: 28/01/2009
Posts: 1369

Message Posted:
27/04/2009 23:04

Monkees, Daydream Believer

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
27/04/2009 23:08

Roy Orbison, In Dreams............

TheSaints



Joined: 28/01/2009
Posts: 1369

Message Posted:
27/04/2009 23:13

Has any lawyer set up a "NO WIN NO FEE" claims office in the the South yet!!!

MUSIN M


Joined: 26/06/2008
Posts: 1352

Message Posted:
27/04/2009 23:32

no kochan no problem ,and when you do recieve your kochan ,have it in only one name ,for example if you own a property in the uk in both names ,then you put the property in cyprus in just one name ,this way no one can legally touch your property in the uk ,as one party is not involved .



however there are other ways around it,if it comes too that,which i believe will not.



musin



long live the kktc

TheSaints



Joined: 28/01/2009
Posts: 1369

Message Posted:
27/04/2009 23:38

Hmmm Our house in the UK is in my mums name (leaves it to me in her will), our house in Russia is in my wifes name, our place in Bulgaria is in a company name, and our place in TRNC is still in the Builders name.

Bring it on!!!!!

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
27/04/2009 23:45

The Saints - Top Man!

MUSIN M


Joined: 26/06/2008
Posts: 1352

Message Posted:
27/04/2009 23:50

mike

not too much to worry about there then.





musin



long live the kktc

rowlo



Joined: 12/10/2008
Posts: 4796

Message Posted:
27/04/2009 23:52

tomms , aka , pikey , tomorrow will tell us nothing , it will go on until a settlement is reached for the good of both sides ???

TheSaints



Joined: 28/01/2009
Posts: 1369

Message Posted:
27/04/2009 23:55

Rowlo, we are about the same age, we will be wearing wooden overcoats mate and they will still be slavering over it.

rowlo



Joined: 12/10/2008
Posts: 4796

Message Posted:
28/04/2009 00:01

spot on saints , but hey , long live the kktc ///////////////

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
28/04/2009 09:30

rowlo. message 36. You're on the ball with that one!

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
28/04/2009 09:36

Today's the day!! Get the Bollinger ready...won't be long now

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
28/04/2009 09:46

One way or another, by this time tomorrow we'll have an headache.

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
28/04/2009 09:59

Dear Paul, re msg 7



1/ The awaited decision is that of the ECJ - not the ECHR..



2/ The cost of enforcing a judgement already in place is minimal.



This decision - if upheld - will effect individuals - with EU assets - and developers in a flat market, and those hoping to sell up.



But let's wait for the decision, eh ? ;)

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
28/04/2009 10:24

Surely any claim will be on the land/property in the trnc. How can potential claimants lay a claim on your UK assets?



For example. You own an apartment in the trnc - one of say 50 in a development. You paid £50k for the apartment. Someone comes along and lays claim to the whole site.



What will his/her claim be? That he/she requires everyone to get off his/her land? That he/she requires a monetary settlement as compensation for the loss of his/her land? That in the event of neither of the previous statements occuring he/she will make a claim on your UK assets - on what basis, and for how much?

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
28/04/2009 10:44

re 43, Bill



Let's wait and see what happens later today, first !..

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
28/04/2009 10:47

Come on Mark give me the answer now. Lets assume then that the judgement is upheld, you tell me what's going to happen next in the scenario I have given in message 43.

ROBnJO


Joined: 30/06/2008
Posts: 1289

Message Posted:
28/04/2009 11:17

Come on Mark!



You keep telling us you are accurate with your predictions.

hattikins


Joined: 17/02/2008
Posts: 2793

Message Posted:
28/04/2009 11:21

We wait with baited breath for your answer 6m.

ROBnJO


Joined: 30/06/2008
Posts: 1289

Message Posted:
28/04/2009 11:24

Tuesday 28 April



Grand Chamber

09.30 : Judgment C-420/07 Apostolides







Not long to wait!



Rob

ROBnJO


Joined: 30/06/2008
Posts: 1289

Message Posted:
28/04/2009 11:27

It's the 1st case in the Grand Chamber.



http://curia.europa.eu/en/actu/activites/index.htm

ROBnJO


Joined: 30/06/2008
Posts: 1289

Message Posted:
28/04/2009 11:29

º 39/2009 : 28 April 2009

Judgment of the Court of Justice in Case C-420/07

Apostolides

New accessions

A JUDGMENT OF A COURT IN THE REPUBLIC OF CYPRUS MUST BE RECOGNISED AND ENFORCED BY THE OTHER MEMBER STATES EVEN IF IT CONCERNS LAND SITUATED IN THE NORTHERN PART OF THE ISLAND

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
28/04/2009 11:45

multiple m's - we wait in anticipation of your response..................

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
28/04/2009 11:47

Interpretation of Article 10(1) of Protocol No 10 to the Act of Accession of Cyprus and of Articles 22, 34(1) and (2) and 35(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1) - Suspension of the application of the acquis communautaire in those areas in which the Government does not exercise effective control - Recognition and enforcement by the court of another Member State of a decision given by a Cypriot court sitting in the area of effective control and relating to land situated outside that area

Advocate General : Kokott

fire starter


Joined: 19/06/2008
Posts: 3401

Message Posted:
28/04/2009 11:50

its all over now.

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
28/04/2009 11:51

http://curia.europa.eu/en/actu/communiques/cp09/aff/cp090039en.pdf

rtddci


Joined: 29/12/2007
Posts: 842

Message Posted:
28/04/2009 11:54

They must be cheering in the RoC. I wonder what the legal advice they are giving the GC's as to what to do as a result of the ECJ decision? The Orams must be devastated although not surprised.

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
28/04/2009 11:57

The full text of the judgment may be found on the Court’s internet site http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&numaff=C-420/07 It can usually be consulted after midday (CET) on the day judgment is delivered.

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
28/04/2009 11:58

rtddci. It's not over yet. They are still in court.



See the link in message 56 for the eventual result

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
28/04/2009 12:03

It's not good......



http://www.bloomberg.com/apps/news?pid=20601102&sid=asoJPS9YV55g&refer=uk

hattikins


Joined: 17/02/2008
Posts: 2793

Message Posted:
28/04/2009 13:35

Bye Pikey.

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
28/04/2009 13:54

Will this put an end to the reunification talks now?

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
28/04/2009 14:08

The GC sympathisers will be celebrating a minor victory. Give it a week or so to die down before we get a response from the legal eagles and then we'll see who is celebrating.



One major victory though is the TRNC - reunification will not happen now.



tomms - I believe you that you are not pikey. He would have stood up and been counted!