Orams case-Unlimited possibilities?
 Posted: Mon Feb 08, 2010 1:24 am |
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| repulsewarrior |
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| Joined: 08 Apr 2006 |
| Posts: 1630 |
| Location: homeless in Canada |
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| ...throwing stones in stolen houses, who cares about glass i suppose. |
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| Posted: Mon Feb 08, 2010 1:26 am |
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| Malapapa |
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| Joined: 25 Oct 2009 |
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| repulsewarrior wrote: |
| ...throwing stones in stolen houses, who cares about glass i suppose. |
Miss Piggy's house in the north was made of straw.  |
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| Posted: Mon Feb 08, 2010 1:56 am |
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| repulsewarrior |
| lecturer |
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| Joined: 08 Apr 2006 |
| Posts: 1630 |
| Location: homeless in Canada |
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...indeed the finest stock, with mud made
into bricks, homes we took care of many
old, as old as the trees. i remember |
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| Posted: Mon Feb 08, 2010 1:38 pm |
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| Tim Drayton |
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| Posted: Mon Feb 08, 2010 3:54 pm |
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| YFred |
| vip |
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| Location: Lurucina-Upon-Thames |
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This service should offered till there is partial recognition of TRNC with Direct Flights.
We is just givin it away. How nice is we?  |
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| Posted: Mon Feb 08, 2010 3:58 pm |
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| Tim Drayton |
| professor |
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| Joined: 21 Jul 2007 |
| Posts: 4133 |
| Location: Limassol/Lemesos |
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| YFred wrote: |
This service should offered till there is partial recognition of TRNC with Direct Flights.
We is just givin it away. How nice is we? |
I only hope they nick the transistor radio from your caravan in Richmond Park before absconding to the new Cosa del Crime. |
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| Posted: Mon Feb 08, 2010 4:05 pm |
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| YFred |
| vip |
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| Joined: 05 Jan 2009 |
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| Location: Lurucina-Upon-Thames |
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| Tim Drayton wrote: |
| YFred wrote: |
This service should offered till there is partial recognition of TRNC with Direct Flights.
We is just givin it away. How nice is we? |
I only hope they nick the transistor radio from your caravan in Richmond Park before absconding to the new Cosa del Crime. |
You don't mean "Yurt" do you. I keep moving it each evening to a new location so it will not be found. It works. Rent/Rates free for 28 years and meat is free too. |
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| Posted: Mon Feb 08, 2010 4:32 pm |
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| Tim Drayton |
| professor |
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| Joined: 21 Jul 2007 |
| Posts: 4133 |
| Location: Limassol/Lemesos |
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| YFred wrote: |
| Tim Drayton wrote: |
| YFred wrote: |
This service should offered till there is partial recognition of TRNC with Direct Flights.
We is just givin it away. How nice is we? |
I only hope they nick the transistor radio from your caravan in Richmond Park before absconding to the new Cosa del Crime. |
You don't mean "Yurt" do you. I keep moving it each evening to a new location so it will not be found. It works. Rent/Rates free for 28 years and meat is free too. |
You've got it made, re gumbare! |
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| Re: Orams case-Unlimited possibilities? | |
| Posted: Tue Feb 09, 2010 11:03 pm |
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| CopperLine |
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| Pyrpolizer wrote: |
The Orams case is about tresspassing.
There are various degrees of tresspassing though, starting from staying a few nights at a stolen hotel, to the full degree of having built a villa on someone elses property.
The first would propably be fined with a few hundred Euros.
What we are interested here is for cases concerning the full degree of trespassing
Various questions come up:
1)How would one prove beyond and reasonable doubt that the summoned is indeed the "owner"?
2)How difficult would it be to deliver the summons?(the pseudo already announced persons doing so will be imprisoned)
3)Is it possible to call someone who for example lives in Germany to appear at a Court in Nicosia?
4)Will the RoC allow the hearings immediately, or will they postpone them for as long as they can?
5)Would the authorities of other EU countries cooperate if a lot of cases end up to arrest warrants? Is it possible we end up having diplomatic problems?
And a final question:
6)Will such actions really stagnate the economy at the occupied or will they just start building on clean TC land? |
Pyrpolizer
1. "How would one prove beyond and reasonable doubt that the summoned is indeed the "owner"?" You can't summon the wrong person ! The court will throw out the case immediately. In a civil action it is up to the litigant to ensure that they've named the right person in the writ.
2. "How difficult would it be to deliver the summons?" You'll find details of summons' procedure in criminal actions at http://www.england-legislation.hmso.gov.uk/si/si2010/uksi_20100060_en_4#pt4 and you'll see that even e-mail and fax summonses are permissible, but note 4.12. Here you'll find guidance for civil actions http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part06.htm Of course this rests upon correct identification of the person to be summoned. And of course this refer to courts in England and Wales, not Cyprus.
3. "Is it possible to call someone who for example lives in Germany to appear at a Court in Nicosia?" This is a very complicated question and depends on the nature of the case, the particular state in which the court sits, and the domicile/citizenship of the summoned. This page http://ec.europa.eu/civiljustice/jurisdiction_courts/jurisdiction_courts_eng_en.htm#A. gives initial guidance on England and Wales, and this one doesn't on Cyprus http://ec.europa.eu/civiljustice/jurisdiction_courts/jurisdiction_courts_cyp_en.htm And here you'll find the latest guidance regarding England & Wales and summonses outside UK http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part06b.htm
4. "Will the RoC allow the hearings immediately, or will they postpone them for as long as they can?" ???? dunno ???? what's behind the question ??
5. "Would the authorities of other EU countries cooperate if a lot of cases end up to arrest warrants? Is it possible we end up having diplomatic problems?" EU signatories are obliged under treaty law to facilitate the upholding of law in other member states so, in principle, they would not delay processes. But your question confuses, again, civil and criminal matters. If you're talking of summonses, as you did earlier, then this implies a civil action in which case arrest warrants do not apply. Property disputes are classical civil matters (unless you are talking of trespass, but even then ....)
You might find this website useful http://ec.europa.eu/civiljustice/case_to_court/case_to_court_uni_en.htm
And 6. "Will such actions really stagnate the economy at the occupied or will they just start building on clean TC land?" I doubt that new legal actions will make much difference to the underlying economic trends.
But finally what is sauce for the GC goose is also sauce for the TC gander, and those genuinely committed to supporting human rights should be encouraging TCs as well as GCs to litigate in securing those rights. |
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Last edited by CopperLine on Tue Feb 09, 2010 11:24 pm; edited 1 time in total |
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| Re: Orams case-Unlimited possibilities? | |
| Posted: Tue Feb 09, 2010 11:15 pm |
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| Malapapa |
| professor |
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| Joined: 25 Oct 2009 |
| Posts: 3404 |
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| CopperLine wrote: |
| those genuinely committed to supporting human rights should be encouraging TCs as well as GCs to litigate in securing those rights. |
Amen. |
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