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Courts re-open with £161,000 in positive judgements in just one week.

Sep 12, 2022 | Anfi Group, Club la Costa, Diamond Resorts, Latest Victories, Onagrup, Silverpoint, Timeshare Resorts

Following our first week back in the courts after the August holidays, we are pleased to inform you of this week’s Spanish court victories. M1 Legal secured Eight positive awards with a total value of £161,113.

Here is a breakdown of the substantive results:

1st Court of Instance:

  • CLC World (Continental) – In Arona Tenerife, court No. 3, the judge declared the contract null under the requirements of law 04/2012 (lack of information regarding the accommodation and contract duration). Amount Awarded – £10,164.
  • SilverpointIn Arona Tenerife, court No. 5, the judge declared the contract null under the requirements of law 04/2012 (lack of information regarding the accommodation and contract duration). Amount Awarded – £26,356.
  • CLC World (Paradise Trading) – In Arona Tenerife, court No. 4, the judge declared the contract null under the requirements of law 04/2012 (lack of information regarding the accommodation and contract duration). Amount Awarded – £10,292.
  • Silverpoint – In Arona Tenerife, court No. 3, the judge declared the contract null under the requirements of law 04/2012 (lack of information regarding the accommodation and contract duration). In this case, there is a discrepancy regarding the amount so the lawyer representing this case is requesting a correction. Furthermore, another lawyer is presenting this judgement to the administrator for the liquidation process. Amount Awarded – £18,260.
  • Onagrup (Clubhotel La Dorada & Perblau) – In Barcelona Spain, court No. 30, the judge declared the contract null under the requirements of law 04/2012 (lack of information regarding the accommodation and contract duration). Amount Awarded – £45,056.

We also had a fantastic result against Las Vistas Marketing (La Pinta), “lifting the veil” (proving a connection) against its managers which incriminates one of them for the operation of 1492 La Pinta suites. We can now submit this evidence for applicable La Pinta cases.

 Appeals:

  • AnfiIn the Court of Appeal No.3 in Las Palmas Gran Canaria, it was confirmed that the judgement still stands from the First Instance, whereby the contract was declared null and void due to lack of information regarding the accommodation. – Law 04/2012Amount Awarded – £13,890.
  • CLC World (Sucursal) x 2 – In the Court of Appeal No. 4 in Malaga, it was confirmed that both judgements still stand from the First Instance, whereby the contract was declared null and void due to lack of information regarding the accommodation – Law 04/2012. Amounts Awarded – £27,155, £9,938.

Jurisdiction:

5 cases valued at £64,719

In this weeks’ jurisdiction cases there was three against Diamond Resorts and two against CLC World (both Paradise Trading).  In all five cases, the resort’s argued that the cases should not be heard in Spain, however the judge has ruled they can. All four cases will move to the next step.

Well done to all involved in these cases.

Clc World & Diamond Resorts Lose Again

Clc World & Diamond Resorts Lose Again

Published July 25, 2022 We are pleased to inform you of this week's Spanish court victories. M1 Legal secured Seven positive awards with a total value of £118,844. Here is a breakdown of the substantive results: 1st Court of Instance: CLC World...

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