British Property Owners (Cyprus)

Jim Shannon Excerpts

Tuesday 27th October 2015 Westminster Hall

[Andrew Gwynne]

Not only have my constituents done that, but I have done so as their MP. The response we got back was less than satisfactory. I am still taking that up with the various authorities, but my constituents feel that one form of redress is to place on public record the real injustice that they feel they have endured over the past few years.

Mr T.C. said that when he pointed out that the solicitor had stated it was not possible to sue the bank without the European enforcement order having been overturned, the solicitor changed his statement and said it would be possible, but with difficulty. The new date for the hearing in Cyprus was set for early January 2015, but that was postponed until late January, and the case was finally heard in February 2015.

[Jim Shannon (Strangford) (DUP)]

People from my constituency have had problems similar to those of the hon. Gentleman’s constituents; the problems do not relate just to Cyprus, but to Turkey, too. The majority of them are law-abiding citizens who want to get some property to use, in most cases as a holiday home, but they find the legal system difficult. The hon. Gentleman is outlining the problems of his constituents. Does he feel, as I do, that the British consulate could have given better or more advice on what was best to do in a foreign country where they do not speak the language and are unaware of the legalities?

[Andrew Gwynne]

There is a lot that could have been done differently, and I have some sympathy with what the hon. Gentleman says. That is based on my experience not only with this case, but with several cases that my constituency office has been dealing with. No doubt other Members’ offices are dealing with similar cases, too. I again commend the work of the all-party group and the Minister in trying to bring some kind of resolution to these matters. We are where we are, and it is a far from ideal situation for many of our constituents.

As I said, the case was finally heard in February 2015. In January, Mr T.C.’s brother-in-law was out of the country dealing with a family matter and he told Cubism Law that he had insufficient funds at that time to settle up his latest bill, but would settle at the end of January or early February when Mr T.C. returned to the UK and after the European enforcement order court case in Cyprus was settled. Mr T.C. says Mr McNair replied saying he no longer represented them and again implied that they may not be represented in Cyprus. However, the Cypriot solicitors later assured them that they would be represented.

The European enforcement order was overturned with reservation at the hearing. Mr T.C. feels incredibly let down by the representation he received and believes a lot of the costs were avoidable and totally unnecessary. He has complained through the firm’s complaints procedures and received what he and his brother-in-law considered to be a derisory offer of redress, which they refused, as they did a subsequent offer.

As I said in response to the hon. Member for Stone (Sir William Cash), the matter has been referred to the authorities, including the Law Society and the ombudsman. Mr T.C. feels that he has suffered real injustice in respect of both the property purchase and how his case has subsequently been handled. I appreciate that the Minister can do little to answer my constituent’s specific concerns, but I would be grateful if he could update Members on the progress being made in general on the matter and on what the Government are doing to support Mr T.C. and all constituents caught up in this sorry situation.

--- Later in debate ---

[Mr Lidington]

What my hon. Friend says is right. I want to refer to that Bill later, but we continue to urge the Cypriot authorities to publish an English-language version of the new law as soon as possible and to make available any guidance that might need to be issued in association with the statute itself. I am sure that the forthcoming meeting of the all-party group with the high commissioner for Cyprus to the United Kingdom will provide a further opportunity for such persuasion to be offered.

We publish information on the high commission’s gov.uk website and, more generally, the FCO publishes a guide entitled “Support for British Nationals Abroad”, which also provides general advice for British citizens who are thinking about buying a property in another country. Last month our consular officials attended “A Place in the Sun”, an exhibition in Birmingham, to talk directly to people considering going to live abroad. The purpose of these initiatives is to help to ensure that our citizens are better informed of the risks and challenges before they take the plunge. For example, we always urge people to take proper professional advice, including legal advice, before buying property.

In some cases, such as the one that the hon. Member for Denton and Reddish has described, part of the problem seems to derive from an alleged failure of the legal adviser to provide advice of a sufficiently high standard. In other cases, sadly, we have come across British citizens who have simply not taken adequate legal advice in the first place. Of course, there are others who, on the face of things, would seem to have been the victims of deliberate misrepresentation. Every case is different, which is why it is difficult to provide a template that will apply equally to every individual case.

[Jim Shannon]

I congratulate the hon. Member for Denton and Reddish (Andrew Gwynne) on securing this debate. Those who take legal advice perhaps anticipate that it will be correct, but sometimes it turns out not to be. Is it possible for the British consulate, in whatever country they are in, to have a list of legal minds—solicitors and barristers—who would have enough knowledge to be able to give advice to people?