This week’s largest win was a Silverpoint timeshare court case, heard at Arona Court, with a total award of £81,411. The court declared the fractional contract null due to missing required information (object and period) under Law 04/2012. In practical terms, the contract did not clearly set out what, exactly, was being purchased, or the duration of the purchase.
For the same reasons the Silverpoint contract was nullified, our legal team also secured favourable judgments in two Diamond Resorts cases, with a combined award of £15,826.
We also obtained three further victories against Anfi Sales & Anfi Resorts, with awards totalling £39,279.
Two Club La Costa cases were heard this week under the contractual names Continental Resorts and Paradise Trading S.L. Together, these cases resulted in £33,572 being awarded.
This week, eight of our nine jurisdiction cases were against Club La Costa Sucursal and were all heard at Fuengirola Court. Each of these cases was successful, as was our case against Diamond Resorts Europe, also heard at Fuengirola Court. More than half of these wins relied on a framework ruling addressing the jurisdiction of Spanish courts in this type of contract, subject to Law 4/2012.
The judge refers to this consistent set of decisions as a “RESOLUCION MARCO”. This established line of jurisprudence underpins many current judgments in similar contract disputes, as shown by this week’s successful jurisdiction cases.