Published October 16, 2018
After an initial court decision that the case did not fall under Spanish jurisdiction, M1 Legal appealed the decision which was reversed by the Malaga Court of Appeal. The defence argued that the case should not be heard in Spain claiming that the contract fell under English law. The appeal judge ruled that the contractual party i.e. Club La Costa (UK) PLC Sucursal en España is a Spanish entity and the case should be heard in Spain. The case is now being re-submitted to the court of first instance.
There was also a similar decision against Club La Costa the contractual party being Continental Resort Services S.L.
These decisions enable us to re-present many cases to the court of first instance which were originally rejected on the grounds of jurisdiction.