We are pleased to share last week’s Spanish timeshare court victories. M1 Legal secured 8 successful outcomes, with a total of £221,116 awarded.
1st Court of Instance:
- Club La Costa Sucursal – The court declared the contract null due to missing key information on contract duration and accommodation details, under Spanish Law 04/2012. The client was also awarded court costs. £12,766 awarded.
- Anfi – The contract was declared null due to a lack of information on contract duration and accommodation details, under Spanish Law 42/1998. The client was also awarded court costs. £36,003 awarded.
- Diamond Resorts – The contract was declared null due to missing information on contract duration and accommodation details, under Spanish Law 42/1998. The client was also awarded court costs. £16,649 awarded.
Appeals:
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CLC Paradise – The Court of Appeal upheld our first-instance victory. In this case, the magistrates took the price of the most recent contract into account to include sums paid under earlier contracts. The client was also awarded court costs. £23,636 awarded.
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CLC Sucursal – At first instance, the judge assessed the award at around £43,085. On appeal, the Court of Appeal recognised the total as £66,036, marking another setback for CLC. Adrian, our lawyer, will personally congratulate the client after travelling from the UK to Malaga to give evidence. The client was also awarded court costs. £66,036 awarded.
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CLC Continental – The Court of Appeal confirmed our first-instance victory, including the nullity of the contract. The client was also awarded court costs. £15,012 awarded.
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CLC Paradise Trading – A limited part of CLC’s appeal was upheld, but only in relation to the assessment of an additional one-year reduction. Otherwise, the first-instance judgment remains unchanged. £12,221 awarded.
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CLC Continental – Following an extensive review of the issues (including jurisdiction, ancillary loan agreements and applicable law), the Court of Appeal confirmed the first-instance decision in full—another significant blow to CLC Continental. The client was also awarded court costs. £26,050 awarded.
There was one further appeal ruled in our favour valued at £12,741.
Jurisdiction Hearings:
4 jurisdiction victories valued at £68,827
Last week, M1 Legal secured four jurisdiction victories, all against Club La Costa. In each case, the defence challenged whether the claims should be heard in the Spanish courts. The court rejected those challenges, and all four matters will now proceed to the next stage.
