2008 Injustice in Europe

Edward Kirwan, a Brit residing in Spain, is being crushed in the law machinery; on the 21st of January 2009 he will be robbed in public with the blessing of the Court. On that day his home is being sold on a public auction in Torrox Court., Malaga. The British couple bought the property together back in 2000 and moved to Spain In 2001, but after only 5 month, Valerie Russell left her husband and went back to the UK with all their savings, € 90.000. She bought a property, which she sold on for a profit without sharing it with her husband. Then she filed for divorce. The British Court Order states that Mr. Kirwan is to pay Valerie Russell 66.000 GBP plus interest. Mr. Kirwan and his solicitors are to conduct the sale of the property and Valerie Russell is to sign out of the deed immediately after payment. The law firm DeCotta, McKenna & Santafè had the Court Order translated and legalized into Spanish, but the translation altered a very important part of the Court Order; In the Spanish version it reads; Valerie Russell and her solicitors shall conduct the sale of the property. During the past years Mr. Kirwan has had 4 different buyers to his property, but Valerie Russell and the law firm have blocked every sale and prevented him from paying his debt. The sworn translator has in writing admitted his fatal translating mistake and supplied Mr. Kirwan with a new correct translation. So far no authority has paid any attention to this fact. 50% of the property is going on public auction on the 21st of January 2009. The 50% that is up for auction is Mr. Kirwans and whoever buys it will have to share it with Valerie Russell…who apparently gets to keep her half in spite of the Court Order and in spite of the money, she has already received! Imagine if Mr. Kirwan was to buy his own half on the auction?  What would the outcome be? Mr. Kirwan would have paid his wife roughly € 200.000… and he would be back to square one; he would still be owning the property with his ex wife, even after he had paid the divorce settlement!!! A practical fact on this issue is that there have never been a bid on the property for more than € 180,000 but never the less Mr. Kirwan has to pay more than € 200.000 for half the property. This is not Monthy Python. This is a real life scenario in a European Union state 2008! It is unbelievable that no authority or legal entity has stopped to contemplate on this case. No one seems to have paid any attention to the European Unions Convention on jurisdiction either. Convention (22007A1221(03) SECTION 6, Article 22) grants exclusive jurisdiction to: “the courts of the State in which the property is situated”. In other words; it’s very doubtful that the British Judge in Hasting had any jurisdiction to make a settlement concerning a property in Spain in the first place. I am by now means a lawyer but if this case wins through,  If this is how the law is being conducted - then maybe it was about time we all made an effort to make the law reflects at least some resemblance of fairness & justice.   When injustice becomes law…resistance becomes a duty. Read more: http://injusticeineurope.wordpress.com/


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Costa Del Sol Unmuzzled As a foreign free lance journalist on the Costa del Sol, I have observed that the luxury of a free press in any other language than Spanish seems to be a little short at hand. Read more on the business profile...

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