Our legal team achieved a record week in timeshare litigation, securing 21 favourable substantive judgments with total compensation awarded of £405,825.
In 10 Club La Costa cases, the courts declared the contracts null and void due to missing key information about the accommodation, usage rights and the contract term. Total awarded: £144,528. The contractual entities in these CLC cases included Sucursal, Continental Resorts, Paradise Trading and UK Sucursal España.
In a further case against CLC Paradise Trading, the Court of Appeal in Tenerife dismissed the appeal, upheld the First Instance judgment in our favour and ordered CLC to pay costs. Awarded: £9,620.
In the case against CLC Sucursal & Reymonte Title SL, the judge condemned Club La Costa Sucursal and convicted Reymonte Title SL. The contract was declared null and void for lack of required information (object and duration) under the Law 04/2012 requirements. Awarded: £16,940.
We also secured three judgments against Anfi Sales & Resorts. In each case, the contracts were declared null and void due to missing information regarding the accommodation, usage rights and contract term. Total awarded: £36,111.
In three cases against Silverpoint, the courts again found contract nullity based on missing information about the accommodation, usage rights and the contract term. Total awarded: £81,461.
We also won an important case against Sunset Beach/Crown Resorts/RCI. For the first time, our legal team has succeeded against RCI in relation to a pure points contract, suing only RCI and its front men SSB and Crown Resorts of Isle of Man. This is a significant precedent for RCI contracts, as RCI often does not appear on these mass-issued agreements. The judge held the contract null and void, firstly because the cancellation document provided was not translated, and secondly because it appeared to be a novation rather than a cancellation—and you cannot novate what is null and void. This precedent should encourage anyone with an RCI points contract to come forward. Awarded: £9,977.
Next, we won a judgment in Denia against Onagroup, although not with the outcome we were seeking. We sued Intergroup SL and Club Estela Dorada SL; both were declared in default. However, the judge did not pierce the corporate veil in relation to Club Estela Dorada SL and acquitted it, condemning only Intergroup SL. Despite arguments that Club Estela Dorada committed fraud by presenting itself as another entity (this time CED Mundial Club SL), the court did not convict it. The sentence took a long time, in part because it was also published by the journal, and we will seek to enforce the judgment against Intergroup in due course. Awarded: £105,579.
There was one final award against Fairways, where the legal team succeeded in persuading the judge to condemn two companies located in tax havens outside the EU.
In addition to these substantive judgments, the legal team also obtained 11 positive jurisdiction decisions, valued at £170,534.
This included seven jurisdiction victories against CLC and four appeal wins. All cases will now proceed to the next stage.
