Apostolides v Orams and Others: CA 19 Jan 2010

The claimant had obtained an order in the Nicosia in the Republic of Cyprus and sought to enforce it in the UK court. The High court declined, and it was referred to the ECJ which in turn found that it could be registered. The defendant now challenged that decision saying that the court’s presiding judge had been Greek, and had associated with the President of the Republic of Cyprus which was not recognised, and that therefore the court was biased against him.
Held: The order should be registered for enforcement. There was a need to support the international public policy promoting peace in Cyprus, and no rule of public policy against recognising judgements of its courts. There was no appearance of bias either in the nationality of the judge or in the company he kept, particularly given the circumstances of the meeting.

Lord Justice Pill, Lord Justice Lloyd and Sir Paul Kennedy
[2010] EWCA Civ 9, [2010] 1 All ER (Comm) 992, [2011] QB 519, [2011] 2 WLR 324, [2010] Eu LR 435, [2010] 4 EG 112, [2010] ILPr 20
Bailii, Times
Council Regulation (EC) 44/2001 of December 22, 2000, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
England and Wales
Appeal FromOrams and Another v Apostolides QBD 6-Sep-2006
The court was asked whether an English court can recognise and enforce an order of the court of the Turkish Republic of Northern Cyprus.
Held: Judgements of the courts of the Turkish Republic of Northern Cyprus were not enforceable in England. . .
At ECJApostolides v Orams and Orams (Area Of Freedom, Security and Justice) ECJ 18-Dec-2008
Europa Regulation (EC) No 44/2001 Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Application of the regulation to a judgment concerning land situated in an area of . .

Lists of cited by and citing cases may be incomplete.

Jurisdiction, European

Updated: 11 November 2021; Ref: scu.393376