We are pleased to share M1 Legal’s latest Spanish court victories from the past two weeks. We secured ELEVEN positive awards with a combined value of £154,887. The highest award in this update was confirmed on appeal against CLC Sucursal, valued at £44,214.
Please see below a breakdown of the substantive results:
1st Court of Instance results
- Silverpoint – The lawyer handling the case reached a court agreement with Silverpoint. Advisor: Kathy | Account Manager: No name | Lawyer: Jorge. Amount awarded: £31,368.
- Majexo – At the court in Granadilla de Abona, the First Instance judge declared the contract null due to a lack of information about the contract duration (Law 42/1998). Advisor: Glyn | Account Manager: John Clark | Lawyer: Lidia. Amount awarded: £14,078.
- Diamond Resorts – At Fuengirola Court No. 1, the First Instance judge declared the contract null due to a 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.
Appeal results
- CLC Sucursal - Following the First Instance decision, M1 Legal was previously not awarded the price of the earlier contracts; this has now been added on appeal. The court also recognises the nature of the real right of a CLC Fractional, the solidarity of CLC Paradise and the CLC branch, and that it is an investment. Amount awarded: £44,214.
- CLC Sucursal - In another Sucursal matter at the Court of Appeal in Malaga, the First Instance judgment was upheld. The contract had been declared null due to a lack of accommodation information (Law 04/2012). Amount awarded: £14,636.
- Anfi - At the Court of Appeal in Las Palmas, the First Instance judgment was confirmed, declaring the contract null due to a lack of accommodation information. Amount awarded: £10,168.
We also received confirmation of three further positive appeal decisions against Anfi.
Jurisdiction
Seven cases valued at £173,302
Jurisdiction-related 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 the initial decision allowing the claim to proceed in Spain. This was declined by the judge, and the next step will be the preliminary hearing.
In the case against Marriott, a request was made to discontinue the lawsuit pending a preliminary ruling on jurisdiction before the European court. The judge declined this request and confirmed that the lawsuit continues in the Spanish courts.
In another case against Diamond Resorts and Tasolan, the defendants appealed the decree ordering the embargo of assets and accounts. This was dismissed by the judge.
Finally, in two Diamond cases, the judge rejected the jurisdiction challenge raised by the defendant, confirming that the Spanish courts are competent to process the claims.
All cases mentioned above will now proceed to the next step.
