Fourteen M1 Legal timeshare court awards worth £258,217 in one week

Over the past week, M1 Legal secured FOURTEEN positive timeshare court awards with a combined value of £258,217. The highest single award was against CLC Sucursal, totalling £42,761.

First Instance Court decisions

• CLC Sucursal x 2 – Fuengirola (Courts No. 3 and 4): in both cases, the judge declared the timeshare contracts null under Law 04/2012 due to missing information about the accommodation and contract duration. Amounts awarded – £11,178 and £22,749.
• Heritage Resorts – Marbella (Court No. 3): the judge declared the contract null under Law 04/2012 for lack of information regarding the accommodation and contract duration. Amount awarded – £10,410.
• Restotel (Onagrup) – Inca (Court No. 5): the judge declared the contract null under Law 04/2012 for lack of information regarding the accommodation and contract duration. Amount awarded – £24,826.
• Diamond Resorts – Fuengirola (Court No. 1): the judge declared the contract null under Law 04/2012 for lack of information regarding the accommodation and contract duration. Amount awarded – £29,335.

Appeal Court decisions

• Anfi x 2 – Las Palmas Court of Appeal: the court confirmed that the first instance judgments stand, declaring the contracts null under Law 04/2012 due to missing accommodation information. Amounts awarded – £14,883 and £12,188.
• CLC Sucursal – Malaga Court of Appeal: the defendant’s request was refused, meaning the first instance judgment still stands, declaring the contract null under Law 04/2012 due to lack of information about the accommodation and contract duration. Amount awarded – £17,144.
• CLC Continental Resorts – Malaga Court of Appeal (No. 4): the appeal changed the legitimate defendant, so the appeal now proceeds against CLC Continental Resorts. Amount awarded – £12,244.
• CLC Sucursal x 4 – Malaga Court of Appeal (Court No. 4): in all four cases, the court confirmed the first instance judgments, which declared the contracts null under Law 04/2012 due to missing accommodation information. Amounts awarded – £11,006, £23,061, £20,767 and £42,761.

We also received confirmation of a positive result against Leisure Dimensions Ltd., from the Supreme Civil Court.

Jurisdiction updates

Five cases valued at £101,154

This week, our positive jurisdiction decisions were:

• Two against CLC Sucursal
• Two against Diamond Resorts
• One against CLC Paradise Trading

In the CLC Sucursal cases, the judge refused CLC’s request to pause proceedings pending a preliminary ruling, and confirmed that both claims can proceed in the Spanish courts.

In the Diamond Resorts cases, the court rejected Diamond’s opposition aimed at stopping provisional enforcement, and both cases have already begun to progress.

In the case against CLC Paradise Trading, the defendant appealed to overturn the initial decision allowing the case to proceed in the Spanish courts. The next step will be the preliminary hearing.