Cyprus Law | Paying for the Rope That Hangs You

WITHOUT PREJUDICE

Cyprus Law | Paying for the Rope That Hangs You

Another glorious weekend in sunny north Cyprus.

The Mandamus case which promised so much has turned into a personal nightmare for Pauline Read. What a can of worms this little gem turned out to be. Having recommended this as a course of action, even paying the stamp duty for the ‘leave’ to take the action, and promising to act for free, relations between client and advocate broke down and Ms Read was told “pay me or I will withdraw from the case”. Ms Read saw the wisdom of withdrawing from the case since she did not want to do to others what the bank had done to her. She therefore allowed the Advocate to tell the High Court judges he was withdrawing from the case and then she told them she was withdrawing the Mandamus case.

She prepared this statement many days before the case, released on the 28th June; the day she withdrew the Mandamus case

“PRESS STATEMENT

I have recently taken out a Mandamus case against the Tapu (Land Registry) authority to force then to do their duty in respect of obeying and Enforcement Order from a District Judge in Girne District Court dated the 1st October 2010.

Doing this has been a learning curve because along the way my Advocate discovered that the Tapu’s own regulations require them to act on such an order within six months of its receipt. This means that they have disobeyed their own regulation for more than two years and refused every request to do so by me and my Advocate.

In a desperate measure and after liaising with my Advocate, we took the Tapu, a Government department to the Supreme Court and now they are being forced to do their duty.

I do not regret the Mandamus action because it proves to others that Government departments are not above the law.

However along the way the situation that appeared on the initial injunction has changed. In forcing this Auction it appears I may be making others lose their homes and investments as happened to me.

It is for this reason and not to jeopardise the Kulaksiz 5 case which I am still a part of, I have decided to withdraw my Mandamus case and release the charges on the site that I hold.

I was refused Permission to Purchase for the home I had bought with borrowed money, believing that the system I had put such faith in would not let me lose the award I had won in the Breach of Contract award case, the case I won on the 6th November 2009.

It seems my faith was misplaced and now I have to pray that the courts will not let me and the rest of Kulaksiz 5 lose everything.

My personal circumstances are now that I have sold the second home, repaid my loan and now rent.

I am one of the two villa owners who have had their villas taken by the bank so our situation is slightly different to the rest of the Kulaksiz 5 in that we have no villa and no money.

My situation is compounded because the bank family now live in my villa.

Pauline Ann Read”

In paragraph 5 she made it perfectly clear she would remove the charges (memorandum) she has on this Kocan. “It is for this reason, and not to jeopardise the Kulaksiz 5 case which I am still a part of, I have decided to withdraw my Mandamus case and release the charges on the site that I hold.”

You would therefore think that having a) withdrawn the Mandamus action and b) agreed to remove the memorandum, it would be an end to the matter. Not so, it seems that the Bailiff is now chasing her with regard to a case in which the opposition wish to overturn the Breach of Contract judgement of the 6th November 2009.

Having spent 13 months chasing this judgement, then waiting six months and making another appearance for an Enforcement Order, then having to renew the memorandum in court on three occasions, who can forget the last renewal:

Pauline Renews Her Memorandum

It would seem that no matter how much time and money you spent on trying to get justice, it can be swept away as if it had never happened and the final kick in the teeth is that you will probably end up paying for them to do that to you also.

Justice is an elusive lady, it does not look as if Pauline Read will see her in her lifetime. Never ever be stupid enough to talk about what is happening to you in north Cyprus, Libel writs are like confetti there.

Anon

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