We are pleased to inform you of last week’s Spanish court victories. M1 Legal secured 8 results with a total amount awarded £109,567.
1st Court of Instance:
- Club la Costa Paradise Trading – The judge dismissed the contract due to duration. We won the court costs. £22,519 awarded.
- Club la Costa Sucursal – The nullity of the contract was determined by the lack of information regarding the duration. M1 Legal also requested that a deed of the property be provided, this turned out to be another reason for nullity due to the defendant’s inability to provide any registry information. This will be another reason to submit for other cases. We won the court costs £17,725 awarded.
There were also 2 positive judgements against Diamond Resorts.
Appeals:
- Anfi – In this case, we lost in the first Instance due to Anfi cancelling the contract due to non-payment, we appealed the decision and we won. The judge stated that it is not possible to dismiss this lawsuit because it already had grounds for nullity. We also won the court costs. £25,905 awarded.
- Anfi – In this appeal, again Anfi tried to argue that the client’s contract was cancelled due to non-payment of maintenance fees. However, because the contract was already confirmed null and void, we won the appeal and court costs. £10,101 awarded.
- Tasolan SL – (Partially Upheld) the reason for this is that the courts had reduced the price of the amount awarded following evidence of non-payment regarding maintenance fees. The court accepted nullity due to perpetuity (over 50 years). £17,565 awarded.
- Anfi – In this case, Anfi appealed against the double amount paid during the cooling-off period but the court upheld the initial decision at the first court of instance. £10,736 awarded.
Jurisdiction Hearings:
2 Jurisdiction Victories valued at £37,988
M1 legal secured 2 jurisdiction victories last week, both against Club la Costa. The defence challenged the cases being heard in Spanish jurisdiction. Both cases will now proceed to the next step.
