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CLC World, Diamond Resorts and Marriott all lose

Oct 10, 2022 | CLC World, Diamond Resorts, Latest Victories, Marriott, Timeshare Resorts

We are pleased to inform you of this week’s Spanish court victories. M1 Legal secured TEN positive awards with a total value of £196,155.

Here is a breakdown of our substantive results:

1st Court of Instance:

  • Diamond ResortsIn Fuengirola, court No. 3, the judge declared the contract null under the requirements of law 42/1998 (lack of information regarding the accommodation and contract duration), we also won court costs. Amount Awarded – £25,509.
  • CLC World (UK) PLC E.P. – In Fuengirola 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 – £10,768.
  • MarriottIn Marbella court No. 5, the judge declared the contract null under the law 42/1998 for lack of information regarding the accommodation and contract duration.Amount Awarded – £12,250.
  • Marriott – In Marbella court No. 8, the judge declared the contract null under the law 42/1998 for lack of information regarding the accommodation and contract duration.Amount Awarded – £12,315.

 Appeals:

  • CLC World (Sucursal) – In the Court of Appeal No.5 Malaga, the the judgement has been amended from the first instance which declared the contract null due to lack of information (accommodation and contract duration), whereby the previous contracts were excluded. This judgement now includes all previous contracts following Adrian’s appeal, we also won court costs. Amount Awarded – £15,620.
  • Diamond Resorts – In the Court of Appeal No.5 Malaga, it was confirmed that the judgement from the first instance still stands whereby the contract was declared null due to lack of information regarding the accommodation and contract period, we also won court costs. Amount Awarded – £49,729.
  • Diamond Resorts – In this case we had a fantastic result, Diamond took the case to the Supreme Court to discuss the validity of the judgements (we won), claiming that English law should have been applied to those contracts. The court dismissed the claim as the requirements to present the Casacion Appeal (appeal for annulment) was not met in their request and declared Diamond to pay all the legal costs. Amount Awarded – £39,409.
  • Diamond Resorts – In the Court of Appeal No.4 Malaga, it was confirmed that the judgement from the first instance still stands whereby the contract was declared null due to lack of information regarding the accommodation and contract period, we also won court costs. Amount Awarded – £16,005.

Another great week of positive results.

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