Following an initial ruling that the matter did not fall within Spanish jurisdiction, M1 Legal appealed and the decision was overturned by the Málaga Court of Appeal. The defence argued that the claim should not be heard in Spain, saying the contract was governed by English law. However, the appeal judge held that the contracting party — Club La Costa (UK) PLC Sucursal en España — is a Spanish entity, and that the case should therefore proceed in Spain. The claim is now being re-submitted to the court of first instance.
A similar jurisdiction decision was also made in a separate case against Club La Costa, where the contracting party was Continental Resort Services S.L.
These decisions enable us to re-present many cases to the court of first instance that were originally rejected on jurisdiction grounds.
