CLC triple victory on Spanish jurisdiction as Court of Appeal overrules English law defence

Latest Recent Victories update from Timeshare Advice Centre.

M1 Legal has secured a triple success on Spanish jurisdiction after the Court of Appeal overturned an earlier decision that the claims did not fall within the Spanish courts’ remit. The appeal concerned three Club La Costa matters in which the defence had sought to keep the claims out of Spain, arguing that they should not be heard there because the relevant contract was governed by English law.

The Court of Appeal rejected that English law defence. As a result, all three cases have now been re-submitted for judgment in Spain, reversing the initial position on jurisdiction and allowing the claims to proceed under Spanish jurisdiction.

Across each of the three cases, the contractual party name stated was: Club La Costa UK Sucursal en España. This detail is significant to the jurisdiction question, as it is the entity name recorded within the contracts relied on in the proceedings.

This Court of Appeal outcome represents another strong jurisdiction result for M1 Legal and adds to a growing run of favourable rulings on where these disputes should be heard. With these three decisions, M1 Legal states that its total number of jurisdiction wins has now reached 22 since January 2019.

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CLC triple victory on Spanish jurisdiction as Court of Appeal overrules English law defence

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