Property Disputes

A legal services company based in Hertfordshire, providing advice for property problems abroad
We provide a comprehensive service that will cover every aspect of your case, from initial consultation through to conclusion - and appeal should that prove necessary.


A legal services company based in Hertfordshire, providing advice about buying a property in Spain, France and Portugal
One of the most common misconceptions people tend to have when buying a property abroad is a belief that things will follow a similar path as buying a property at home.

Mortgage Problems

Overseas property lawyers based in Hertfordshire, providing advice related to investments in property and land overseas
Whatever the circumstances many people now find that they are struggling to pay their mortgages on a month to month basis and may even be in arrears.

Foreign Wills 

A legal services company based in Hertfordshire, providing advice related to investments in property and land overseas
By making a foreign Will you can ensure that the right people inherit from you and do so in the most tax advantageous way.  If you don’t leave a foreign Will then the law sets out who inherits from you


A legal services company based in Hertfordshire, providing advice related to investments in property and land overseas
Timeshare is concept that has been around for many decades. The principle is quite simple – instead of buying a whole property abroad you simply buy a share in that property 

Other Services

A legal services company based in Hertfordshire, providing advice related to investments in property and land overseas
Under our Legal Services, you can find further information about our other services. These include timeshare, wills, inheritance, starting a business abroad and obtaining a visa

Latest News

Swiss Franc Mortgage problems in Cyprus & the issue of Jurisdiction 18.03.2016

Swiss Franc Mortgage problems in Cyprus & the issue of Jurisdiction
1. In the last few weeks the issue of jurisdiction i.e. in which Court the purchasers of immovable property in Cyprus must pursue their rights has again become a major topic.
From our part we retain the view that everyone is acting and expressing his/their opinion in a bona fide manner and it is in this spirit and in this spirit alone that what follows herein below is stated.

2. So why should the purchasers pursue their rights in Cyprus Courts? The main reasons are the following:-
(a)(i) The purchasers are not “attacking” their agreements with the Developers (or at least the vast majority of them are not). Our policy is to “go after” the Loan Agreements which the purchasers entered into in order to purchase the properties. Why is this? For the obvious reason, that the big threat to the purchasers comes from them. They are facing alleged claims from the Banks of hundreds of thousands of pounds in each case. If we are successful it means that this enormous financial burden is removed. At the same time an enormous threat (as explained below) is done away with.
(ii) On the other hand going after the agreements with the Developers means that, if purchasers are successful, they will end up with a claim against the Developer of some thousands of pounds paid as down payment. Damages will not be able to be recovered since in the vast majority of cases the properties purchased have not been paid for (since there has been a default on the Loan Agreements) and so the properties will be claimed by the Banks. And a final word on this. Even if damages can be recovered, who will pay them? In most cases the Developers are bankrupt due to the dramatic fall of the property market. The same applies of course to the return of the down payment paid.
(b) In conjunction with what is stated above what are the realities faced by the Purchasers bearing in mind always that the Loan Agreements were entered into with Cyprus Banks?
(i) The Banks are already proceeding in Cyprus Courts against their clients (the purchasers). What does this mean? The other party to the Loan Agreement has found himself before the Court in Cyprus even without his choice. Should he leave this Court Action undefended? In our view it would be disastrous for a purchaser to ignore the Court proceedings in Cyprus which are initiated by the Bank. If he does – and provided of course the Court documents are properly served on him or her- the Court will issue a judgment in default against the purchaser and will then have it registered in England and have it executed against his property in England. Naturally nobody wants this. So the Court Actions against the purchasers in Cyprus Courts have to be defended. This means retaining a Lawyer in Cyprus to represent the purchaser and trust the Court and the legal system in which the purchaser will argue his or her defense. Incidentally the Cyprus legal system is the same as the English legal system and most judges are English trained. The same applies for a large number of the Lawyers.
(ii) This takes me to the next step. If you are going to raise – as a purchaser – various claims in Court in Cyprus as a defence in an Action against you why risk giving the impression that what you allege is an afterthought just because the Bank has sued you? Why not move first and take the Bank to Court and raise first the various issues that relate to the illegality of the Loan Agreement? This puts the Bank on the defensive and apart from “doing away” with the above mentioned risk, if there is the possibility, along the way, of reaching an out of Court settlement the purchaser will negotiate this from a position of strength and not as a defendant in the Action.
(c) I have studied the point raised relating to the jurisdiction of English Courts based on article 15 of E U Regulation 44/2001. I have serious doubts if this is so because it would involve interpreting it in a rather restricted way.
(d) What is then the end result of what I mention above?
(i) Cyprus Courts definitely have jurisdiction. The Banks will not dispute it. On the other hand the jurisdiction of English Courts has to be proved through Court proceedings as the Banks will dispute it. This means additional legal costs.
(ii) Even if English Courts have jurisdiction this is parallel to that of the Cyprus
Courts. It’s not instead of the jurisdiction of Cyprus Courts. So purchasers will still find themselves as defendants in Actions brought against them by Banks in Cyprus Courts. This they cannot avoid. So in effect they will be “fighting a battle” on two fronts i.e. incurring double legal costs.
(iii) And then if they obtain a judgment in an English Court against the Bank how can they enforce it? Only by going to the Cyprus Court in order to register the English judgment. So again the Cyprus Court, a Cyprus Lawyer and additional expense cannot be avoided.
(e) The above I think adequately answers the point made in relation to legal costs and that the possibility of bringing a group Court Action in England results in legal costs in England being less than if individual Court proceedings are initiated in Cyprus. I do not agree with this position. How can this stand to logic when a purchaser will have to pay a lawyer in England to represent him as a member of a group Court Action and at the same time will have to pay a Lawyer to defend him in the Court proceedings brought against him by the Bank in the Court in Cyprus. Remember. This he cannot avoid as it does not depend on the Purchaser but the Bank. And in addition to this how can it stand to logic if he has to pay a Lawyer to represent him in a Cyprus Court in order to register the judgment he has obtained in England as a member of a group court Action so as to enforce it against the Bank.

3. I could go on and enumerate additional reasons that lead to the inevitable conclusion that Cyprus Courts are the ones that have the jurisdiction purchasers must chose in order to fight to safeguard their legal rights. I will not do it because the objective is not to give the impression that a fight is going on who will attract more clients. The pure fact of the matter is that Cyprus Courts definitely have jurisdiction. English Courts may or may not have jurisdiction. At the end of the day though the fact that Cyprus Courts definitely have jurisdiction will lead the cases before them (the Banks will follow this course). This means, for the reasons stated above, that it is much more reasonable in every respect for the purchaser to follow this course as well. And remember. We are talking all along about fighting the Banks and disputing the validity of the Loan Agreements and not fighting the Developers. The big risks lie in the amounts involved in the Agreements with the Banks. This is the fight that must be fought and hopefully won. This is the fight that Banks definitely will bring into the Courts in Cyprus and this is the purchasers must fight it. Whether they like it or not. Otherwise they will end up fighting in two fronts (if English Courts are found to have jurisdiction since Cyprus Courts definitely have one) with all the negatives that such an approach entails the most prominent of which being the one I mention above namely the enforcement against a purchaser of judgment of the Cyprus Court against him in the proceedings initiated by the Bank if these remain undefended and the consequential threat to his or her property in England.

All legal comment is provided by;
Christos M. Triantafyllides
Member of the Law Firm
Triantafyllides & Christoforou & Lead Counsel for Judicare in Cyprus
Read more... Read more
An important decision of the Supreme Court of Cyprus 28.01.2016
Τhe Supreme Court of Cyprus issued a very important judgement on the 23/12/2015 in relation to the validity of Powers of Attorney used, among others, in transactions relating to the purchase of immovable properties in Cyprus.

A Power of Attorney, in order to be valid, has to comply with specific legal requirements set out in the relevant Law. If these requirements are satisfied or appear – on the “face” of the Power of Attorney – to be satisfied then the transaction is legal and binding on all the parties concerned.

The importance of the above mentioned judgement lies in the opinion expressed by the Court that even if the requirements of the Law seem to be satisfied, a Court would be prepared to accept evidence that these requirements are not in reality satisfied. And if this is done, then the Power of Attorney is illegal and the transaction in which this was used is not legally binding.

In conclusion the said judgement of the Supreme Court – acting as an Appeal Court – is very important in view of the fact that in the large majority of cases involving loans and purchase agreements of immovable property in Cyprus, Powers of Attorney were used and in most cases these were not legally drafted.

These illegalities can now be proved in court with the appropriate evidence.
  Read more... Read more
Cyprus Banks Continue To Issue Proceedings Against UK Buyers 20.01.2016
The first few weeks of the New Year have seen no let up in the activities of the Cyprus Banks against UK buyers of Cyprus properties, as they continue to serve Writs of Summons on clients at their UK residences for defaulting on their obligations against Loan agreements taken out for the purchase of property in Cyprus.

The vast majority of these Loans being in the Swiss Franc denomination.

There appears to also have been a more aggressive approach being adopted by the Cyprus banks, this is evident in the allotted time frames in which purchasers must formally file a Notice of Appearance against the Writs.

This required filing of a Notice of Appearance gives the client anywhere between 10 and 30 days(although the 10 day period is more prevalent) to make legal representation in the Cyprus Court of issue, this period starts to run from the receipt of the Writs of Summons in the UK.

This is quite understandably causing panic for UK clients who invariably have no knowledge of how to address the situation and in most cases we are seeing clients simply ignoring the Service to them, in the hope matters will be dealt with in Cyprus and the problem will eventually be forgotten.

Regrettably, once the client fails to make the filing in the Cyprus Court acknowledging the service to him/her, they will lose the opportunity to defend any claim thereafter and the bank will be awarded a judgement in default - the Cyprus Court deeming the client in agreement with the claims made within the Writ and so awarding judgement to the bank.

With the judgement in hand the banks are now actively seeking the enforcement of the judgements via European Enforcement Orders and will seek such execution against the UK assets of clients.

This is now happening more frequently as clients (for various reasons) are leaving the Writs of Summons undefended in Cyprus - with all of the consequences and procedures above being sought by the Cyprus banks thereafter.

Therefore, should any client receive a Writ of Summons in the UK from the Cyprus Courts it is critical that the Writs are not left undefended.

If you have any concerns in this area or would like any advice on your situation, or if you have recently received a Writ of Summons and are unsure of how to respond please contact us via email at or confidentially on 01438 840258. Read more... Read more