We are pleased to inform you of last week’s Spanish court victories. M1 Legal secured 8 results with a total amount awarded £131,563.
1st Court of Instance:
- Regency Vacations (Royal Park Albatros) – In this case, the judge ruled null and void on the Regency contracts as well as double the amount paid during the cooling-off period. As the case was heard here in Spain and was defended using a Spanish lawyer we should enforce the order here but also try in the UK as it is a company with an English domicile. We won court costs. £65,800 awarded.
- Club la Costa Sucursal – The nullity of the contract was determined by the lack of information regarding the contract length and the accommodation under Spanish law 04/2012. £12,814 awarded.
- Diamond Resorts – The nullity of the contract was determined by the lack of information regarding the contract length and the accommodation under Spanish law 04/2012, We won the court costs. £13,160 awarded.
- Club la Costa Sucursal – The nullity of the contract was determined by the lack of information regarding the accommodation under Spanish law 04/2012. £14,502 awarded.
There were 2 further judgements against Diamond and Club La Costa.
Appeal:
- RCI + Sunset Beach – In this case, the judges state in the arguments that Sunset Beach Club is a network of companies with the same address and same name based in the Isle of Man which the defence argued in an attempt to have the case thrown out on jurisdiction. The court upheld the initial decision from the first court of instance judgement. Their lawyer also presented documents of an alleged waiver but did not have them translated to Spanish. The documents presented were rejected, this could be useful in similar future cases.
Jurisdiction Hearings:
12 Jurisdiction Victories valued at £238,029
M1 legal secured 12 jurisdiction victories last week, 11 were against Club La Costa and 1 was against Diamond Resorts. The defence challenged the cases being heard in Spanish jurisdiction. All cases will now proceed to the next step.
