Justice After Only 3 Year and 43 Court Attendances

Speed Limit Very Very SlowWITHOUT PREJUDICE

Congratulations to Art and Mary Watson for the successful conclusion of their litigation against their developer.¹

It is now the second truly successful case I have heard of in ten years.

It is a pity we do not get the details of the developer and the advocate but respect Art’s right not to name them.

“Our case lasted 3 years and I attended court hearings on 43 separate occasions.”

That in itself is remarkable and that the Developer paid the ‘compensation’ of his own free will is also remarkable.

Please do not be of the opinion that all cases are dealt with so swiftly and efficiently. I am of the opinion that Art and Mary’s case are the exception and not the rule.

I personally am envious of Art and Mary and wished our journey to justice would be so swift.

Since finding out about the deception inflicted on the K5, I have attended court in excess of 150 times and the case has been going on now for 7 years, although as a group for only 5 years. Now of course I am back in the UK so unable to attend the court.

K5 are still awaiting the outcome of the Appeal by the bank against the judgment in their favour of the 4th December 2014 and if it goes in K5’s favour it will take us back to the situation we were in when we purchased in 2004/2005, i.e. the two Kocans involved will be back in the landowner’s name. Progress……you decide.

What I do know is that before the villas are in our name or indeed any compensation given, a lot more time will elapse and expense will be incurred.

Having said all that, it does not take it away from Art and Mary who I hope will now enjoy their retirement in their villa free from stress.

Pauline Read

Source: Cyprus Scene

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7 comments to Justice After Only 3 Year and 43 Court Attendances

  • Polly Marples

    http://northcyprusfreepress.com/law/north-cyprus-law-consequences-of-breach-of-contract/

  • Polly Marples

    http://www.cyprus44.com/forums/82497.asp

  • fluter

    Polly, did you ever meet or have dealings with “Marcusharris”?

    I spotted someone else on that thread who has come to our notice more recently.

  • Polly Marples

    No, I gave him a wide berth.

    Magic isn’t it…looking back.

  • Polly Marples

    Taken from Cyprus Scene comments.

    Art on November 20, 2015 at 8:03 pm said:
    Hi Pauline,

    Thank you for your kind words it’s very much appreciated.

    I read your article in the North Cyprus Free Press and I would like to clarify a couple of points as again I believe you are trying to misled its readership.

    – Our developer decided to pay us the compensation because our solicitor placed a freeze on his assets.This was a carefully planned tactic which quickly led to the parseliation of the site and prompt compensation payment.

    – Out of court settlement is quite common in the TRNC and in our case was driven and encouraged by the presiding judges Yes it took a long time but this was mainly due to the parseliation process being lengthily and burocratic.Without this hurdle my case like my neighbours case,which incidentley was satisfactory settled out of court ,would have been finished in less than 12 months.

    Understandably you are grieved with the length of time your particular case has taken and by the looks of it will continue to take but I really do think it’s important to publish a more balanced view rather than keep knocking the legal system which for many does in fact work but is rarely published .You may know only one person who has obtained their Kochan through litigation but I know at least 5 .Either way it doesn’t mean the legal system is perfect but in our case it was very effective and one thing is for certain our developer would never have freely transferred our Kochan so rolling over was never an alternative.

    Art.

  • Dominic Freeman

    I’m amazed at the number of times that people have said something like ‘you may know only one person who has obtained their Kochan through litigation but I know at least 5’ only to probe further and find that these people were missing the actual title deed with their name on.

  • Polly Marples

    “I read your article in the North Cyprus Free Press and I would like to clarify a couple of points as again I believe you are trying to misled its readership.”

    How so, there is a link to Art’s letter to Cyprus Scene which has not been changed in any way, surely the readers can make up their own minds about it

    I was always led to believe that a Breach of Contract action ends in the successful purchaser getting their money back plus maybe/sometimes/occasionally some compensation too and the builder/developer getting the property back.

    In fact my understanding is that Pauline was saying she knew of of one other successful case, that does not necessarily mean obtaining a Kocan, money back is good and in the current uncertain situation, probably better.