Conor wrote:
Hi Christia,
There are a few lawyers watching my videos but you are the first to take up the
#ShowMeOne challenge, thank you. For those who haven’t seen the full video, the direct link to the challenge is here (at 20min 30sec).
https://youtu.be/-QvA44o-oxE?t=1230Christie wrote:
I know your cases through the published court judgments in CyLaw.
Well, I’m afraid you won’t get the true story there! I’m doing a series of videos showing how bad it is for foreigners and how easy it is for us to lose. Video three covered court transcripts (or lack of) and showed how our testimony, when weighed against a local’s, is often deemed inconsistent, not credible and totally discarded from the judgement.
https://youtu.be/Zw-B9BGUdO0Christie wrote:
I am sorry to hear about your bad experience in purchasing a property in Cyprus.
Thank you; It has wrecked our lives and sadly there are thousands like us.
Christie wrote:
The allegations of judicial bias and corruption were false (probably serving a different purpose), and they have nothing to do with your cases. There are no indications of "corruption" in the judiciary in Cyprus; this is also confirmed through the reports of GRECO, which mentioned many other problems but no corruption.
The presiding Judges had connections (family/financial) with the banks or the law firms representing them. I can’t believe you are OK with this. The judges should have recused themselves which is why new rules have been introduced. My video had a broader message but there is a connection to us. In 2012 one of those judges, Tefkros Economou, also refused to pass on our case when we requested his recusal (full video to come).
The levels of corruption in Cyprus are now “unfathomable” according to your former justice minister and the former Attorney-General Markides says that judicial corruption ”cannot be ruled out” and is “presumed to exist”. GRECO is an outside agency, an EU watchdog offering recommendations and not an investigative organisation. Local investigations into judicial corruption are swiftly quashed like this example from October, again concerning court transcripts.
https://cyprus-mail.com/2018/10/04/district-court-judge-under-investigation-after-tampering-allegations/Christie wrote:
Indeed, there are cases where British citizens have been awarded compensations or had cases decided in favor of them. A very brief example could be the legal negligence case "Beumont and other" (also concerning conveyancing issues). Another more recent example (29.03), a CHF loan case decided against Alpha Bank; namely, the District Court accepted the defense of the British defendants and it dismissed the Bank's case. There are many other examples!
What you wrote here is not reassuring. Are you putting these
two cases forward as your champions to show that the British get justice in the civil courts? If so, you have failed. Both these decisions were celebrated in the press but the articles were printed either too soon or based solely on the scant court judgements. I’ve now spoken to the parties involved.
CASE 1: Your example
“a CHF loan case decided against Alpha Bank” was reported here.
https://www.news.cyprus-property-buyers.com/2019/05/10/alpha-bank-loses-swiss-franc-loan-court-action/The Alpha Bank accused the Johnsons of failing to comply with their obligations. The Johnsons were forced to defend themselves in this case and ‘won’.
This is the judgement:-
http://www.cylaw.org/cgi-bin/open.pl?file=apofaseised%2Fpol%2F2019%2F3120190042.htmwhich ends:-
19. For all the reasons explained above, the claim is rejected. Taking account of the outcome, the costs are awarded to defendant No. 1 and against the applicant as these will be calculated by the Registrar and will be approved by the Court.That paragraph looks great doesn’t it, I’ve had a few like that myself, but it is nothing to celebrate. It means the Bank will pay the court fees, a nominal amount but the defendants will see nothing. The Johnsons are furious, they will not get back their 7 years of legal costs totalling £17,000 or their expenses travelling to Cyprus for court, nor the loss of wages during that time, totalling a further £20,000.
Missing from the judgement is that although they kept up monthly payments, they never got the house as the developer went bust, so in total, they are currently down over €200,000 and this is celebrated as a win. This published judgement (like mine) is so far from reality that the Johnsons would like me to cover it in a video, it’s a classic case of ‘we win our cases but lose outright’.
CASE 2: You also cite the case of Muriel Beaumont and Clifford Sims who sued their lawyer for negligently handling a property contract which led to them losing a significant amount of money and never getting the property. An unprecedented case and a gallant battle by the couple.
https://www.news.cyprus-property-buyers.com/2010/05/01/eleven-year-pursuit-of-justice-takes-heavy-toll/Sadly, Clifford has passed on now, but I have recently spoken with Muriel. Like most Brits, they were deemed “not credible” at the lower court, the judge ruling that even if they had known the land was mortgaged to the hilt, they probably would have bought it anyway. Disgusting stuff that’s all too familiar.
http://www.cylaw.org/cgi-bin/open.pl?file=apofaseised/pol/2007/4120070532.htmFortunately, this was overturned on appeal and the lawyer eventually forced to pay damages for the ‘original sin’ but fighting a lawyer in Cyprus for 11 years would not have come cheap. Finances aside the stress of this case ultimately cost them their marriage and Clifford’s health but again this is celebrated as a win. Unbelievable.
Muriel can’t remember getting any legal fees back, even though the judgement had a similar “costs awarded” paragraph which we all receive. She kindly offered to go up the attic and dig up her original paperwork, but I said no need. This ruling is nearly a decade old, there is no need for an 83-year-old to go up the attic to confirm what we know.
No Brit has ever won a civil case and been awarded real damages, expenses including their legal fees back. No Cypriot opponent has ever been truly punished. We are taking a hammering in court, merely returning our money after a decade long fight is not justice and is certainly not a deterrent.
What is deeply troubling is that you are Christia Middleton and have been a lawyer for 13 years, why have you not shown me one of your cases? You are based in Paphos where the majority of the 70,000 British expats reside. You have extensive experience in contract, healthcare, tort and civil law and have made partner at Elias Neocleous & Co LLC, the largest law firm in Cyprus with over 70 lawyers. Why not brag about your firm’s success in winning legal costs for a Brit and obtaining real damages, be it general, special, punitive, aggravated… anything! I’ve been asking to simply Show Me One; do YOU have one?
Again, I am sorry to see how you feel about justice in Cyprus. I do not have any reason to know your whole story that, as you said, wrecked your life. I am a good listener.
Of course, I respect your opinion, as it has been formed through your experiences and knowledge. I have a different scope of viewing justice, and different experiences; so permit me to have also a different opinion. The purpose of discussing and exchanging thoughts is not to persuade each other about the rightness or wrongfulness of our perceptions towards justice; they have their causes. If I was in your position, I might feel the same as you, and if you were in my position, you might have the same thoughts as me.
I also know that if you feel frustrated or disappointed and you are maintaining the particular perceptions towards justice, any court judgment or evidence shown to you (the two judgments I referred are not my “champions” – what am I?) will be interpreted in the way which will express those feelings and perceptions. In this cognitive prism, you are saying that GRECO is not an investigative organisation, but you are not basing your arguments in the reports of such an investigative organisation. Don’t take it personally. The same with me: I would reasonably explain and justify why the judgments you know were not in favour of 'Britons'; if I could not explain or justify so, I would just say that they are wrong judgments or that I disagree with them; it happens.
To conclude with this, I do not see any evidence to accept that the justice system in Cyprus is ‘corrupted’. You are asking me to ‘prove’ that it is not, but I believe that we cannot prove positively the inexistence of something. In the same instance, I cannot ask from you to prove that you are not ‘corrupted’ (if you are not). We cannot presume the corruption in the same way we are presuming the innocence. You know, if the purpose is to find connections between the judges and the banks, this is very easy. Most of the people in Cyprus, including judges, have (even healthy) bank accounts; judges do not their own ‘judicial banks’! What does it mean to you? The judges are also deciding the cases which involve the State of which they are part/citizens; what does it mean to you again? Judicial independence has certain content and principles, which are well-explained by the European Court of Human Rights, and they are applied. If anyone disagrees with their application, he can ask any possibly existent right. Again, I emphasize that I can feel you.
Indeed, the litigation in Cyprus is very time-consuming and costly; I hope that this will change in the future. This is the reason for which we are trying to resolve the disputes or any problems deriving from the disputes in other ways. The role of the civil courts, as I know, is not to ‘punish’. So, if anyone litigates with a need for retribution and to cause some suffering to the person that may be liable for a wrecked life, I do not see how a civil court would help through the monetary compensation system (which is anyway activated when there is a relative claim, proof of breach of duty, damages, and causation).
Thank you for visiting my public profile. I have also a personal blog, where I am writing publicly for many issues concerning law, health law, legal psychology, e.tc. It is not a secret that I am a litigation lawyer. It is also known that I currently offer my services through a company. You might be also interested in knowing that I am a supporter of therapeutic jurisprudence (TJ). So, I am currently writing to you from Rome (Italy), after the XXXVI International Congress on Law and Mental Health, where I participated with a presentation in a TJ session. As a lawyer, I act for/defend Banks, Municipalities, Britons, Germans, Greeks, and other person or entities that prefer my services, provided that they have sound cases that I can handle. ‘Britons’ are not a special category of litigants for anyone. Of course, you may feel so (e.g., you have experienced all those that a wave of Britons have also experienced by investing in Cyprus' real estate through the services of some ‘professionals’, possibly without sufficient information or support). I do not have ‘successes’ or ‘failures’! I have the problems of others to resolve, and I am satisfied when they are resolved.
Goodnight.