We are pleased to inform you of the latest Spanish court victories over the last two weeks.M1 Legal secured ELEVEN positive awards with a total value of £154,887.Our highest award from these latest results was confirmed against CLC Sucursal valued at £44,214.
Please see below a breakdown of the substantive results:
1st Court of Instance:
- Silverpoint – The lawyer representing the case has reached a court agreement with Silverpoint.Advisor: Kathy| Account Manager: No name| Lawyer: Jorge. Amount awarded – £31,368.
- Majexo – At court in Granadilla de Abona, the judge from First Instance declared the contract null due to lack of information regarding the contract duration (law 42/1998). Advisor: Glyn| Account Manager: John Clark| Lawyer: Lidia.Amount awarded – £14,078.
- Diamond Resorts – At Fuengirola court number one, the judge from the First Instance declared the contract null due to lack of accommodation information. (law 04/2012). Advisor: Sherri| Account Manager: John Scott| Lawyer: Lidia. Amount awarded – £11,193.
We also received confirmation of a positive judgment against Oasis Club, and Sahara Sunset & Global Marketing.
Appeals:
- CLC Sucursal – Previously at the First Instance, M1 Legal had not been awarded the price of the previous contracts which has now been added. The court also recognises the nature of the real right of a CLC Fractional, the solidarity of CLC Paradise and the CLC branch and even that it is an investment. Amount awarded – £44,214.
- CLC Sucursal – In another Sucursal case at the Court of Appeal in Malaga, it was confirmed that the judgement from the First Instance still stands which declared the contract null due to lack of information regarding the accommodation, (law 04/2012). Amount Awarded – £14,636.
- Anfi – At the Court of Appeal in Las Palmas, the judgment from the First Instance was confirmed which declared the contract null due to lack of information regarding the accommodation. Amount Awarded – £10,168.
We also received confirmation of three further positive appeals against Anfi.
Jurisdiction:
Seven cases valued at £173,302
Jurisdiction positive results were:
- Four cases against Diamond Resorts
- One case against CLC Paradise Trading
- One case against Tasolan
- One case against Marriott
In one of the cases against Diamond Resorts and CLC Paradise Trading, the defendants appealed against the initial decision to proceed with the claim in Spain which was declined by the judge, the next step for these cases will be the preliminary hearing.
In the case against Marriott, they requested the discontinuance of the lawsuit pending a preliminary ruling on the question of jurisdiction pending before the European court. The judge declined this request declaring that the lawsuit continues to proceed in the Spanish courts.
In another case against Diamond Resorts and Tasolan, the defendents appealed against the decree that ordered the embargo on their assets and accounts. This was dismissed by the judge.
Finally, in two of the Diamond cases, the judge declined the jurisdiction issue raised by the defendant which declares the Spanish Courts competent to process the claims.
All cases mentioned above will now proceed to the next step.
