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Fourteen positive court awards valued at £258,217 in just one week

Feb 13, 2023 | Anfi Group, CLC World, Diamond Resorts, Latest Victories, Onagrup, Timeshare Resorts

This week, M1 Legal secured FOURTEEN positive awards with a total value of £258,217. Our highest award being against CLC Sucursal valued at £42,761.1st Court of Instance:

  • CLC Sucursal x 2  – In Fuengirola, court No’s 3 and 4, the judge declared both contracts null under the requirements of law 04/2012 (lack of information regarding the accommodation and contract duration). Amounts awarded – £11,178, £22,749. 
  • Heritage Resorts – In Marbella, court No. 3, the judge declared the contract null under the law 04/2012 for lack of information regarding the accommodation and contract duration. Amount awarded – £10,410.
  • Restotel (Onagrup) – In Inca, court No. 5, the judge declared the contract null under the law 04/2012 for lack of information regarding the accommodation and contract duration. Amount awarded – £24,826.
  • Diamond ResortsIn Fuengirola, court No. 1, the judge declared the contract null under the law 04/2012 for lack of information regarding the accommodation and contract duration.  Amount awarded – £29,335.

Appeals:

  • Anfi x 2 – In Las Palmas Court of Appeal, it was confirmed that the judgements on both these cases from the first instance still stand which declares the contract null due to lack of information regarding the accommodation under the law 04/2012.Amounts awarded – £14,883, £12,188. 
  • CLC Sucursal In Malaga Court of Appeal, it was confirmed that the request from the defendant was declined, that means the judgement from the first instance still stands declaring the contract null due to lack of information regarding the accommodation and contract duration under the law 04/2012. Amount Awarded – £17,144.
  • CLC Continental Resorts – In Malaga Court of Appeal No.4, The appeal has changed the legitimate defendant so this appeal is now against CLC Continental Resorts. Amount AwardedAmount Awarded – £12,244.
  • CLC Sucursal x 4 – In Malaga Court of Appeal, court No. 4, it was confirmed that in all four cases, the judgement from the first instance still stands which declared the contract null due to lack of information regarding the accommodation under the law 04/2012. Amounts awarded – £11,006, £23,061, £20,767, £42,761. 

We also received confirmation of a positive result against Leisure Dimensions Ltd., from the Supreme Civil Court.
Jurisdiction:

Five cases valued at £101,154

This week, our jurisdiction positive results were:

  • Two against CLC Sucursal
  • Two against Diamond Resorts
  • One against CLC Paradise Trading

In the CLC Sucursal cases, the judge declined the request from CLC to hold the process until the preliminary ruling.  The judge confirmed that both claims are competent to proceed in the Spanish courts.

In the cases against Diamond Resorts, we received the decision from court rejecting the opposition raised by Diamond in an attempt to stop provisional enforcement, both cases have already started to proceed. 
In the case against CLC Paradise Trading, the defendant appealed for a reversal of the initial decision allowing this case to proceed in the Spanish courts. The next step will be the preliminary hearing.

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