Spanish Litigation

If you violate her, you violate me!

If you violate her, you violate me! Spaniards have taken to the streets to protest the verdict of five men accused of raping an 18-year-old woman at the ‘Running of the Bulls’ in Pamplona. According to Spanish Barrister and feminist, Leon Fernando Del Canto, sexual aggression or ‘rape’ is defined by Article 178 of the 1995 Spanish Penal Code as

Read More
Del Canto Chambers International Lawyers

Spanish floor clause and mortgage expense complaints registered with Banking supervisor soar 178% in 2017

The claims service of the Bank of Spain has been overwhelmed by consumers making complaints against lenders for abusive mortgage interest floor clauses, and set-up costs. The Claims Service of the Bank of Spain is a body that evaluates consumer complaints against financial service companies. The Bank of Spain has revealed that there were 40,173 complaints registered with it against

Read More
Del Canto Chambers International Lawyers

The Supreme Court rules in favour of the banks for mortgage expenses

The Decision has already aroused the first controversies in the Spanish legal scene and in the Consumers Associations that will undoubtedly raise this case to the European Court of Justice which will have the last word to say. It is not the first time that the CJEU corrects and amends the decision of the Spanish Supreme Court. Although, the complete

Read More
Del Canto Chambers International Lawyers

98% of mortgage floor clause claims completed in 2017 were successful

As was expected after EU Court of Justice ruling in December of 2016, Spanish banks have little hope of defending themselves against legal claims brought by clients with abusive clauses in their mortgages. The effectiveness of the extrajudicial methods for avoiding going to court is limited.Trying to settle out of court is not as effective as you might think. In

Read More

Floor Clause Claims Time to be patient – Spanish Courts collapsed”

In the old days – when it comes to floor clauses when I say “in the old days” I mean 2013-, floor clause matters were settled in Commercial Courts; one per province, except in large cities such as Madrid, Barcelona, Valencia and Malaga. These courts were created to take charge of bankruptcy proceedings and industrial and intellectual property matters, among

Read More

The Spanish courts are collapsing with the demands of floor clauses

The ground court courts receive almost 2000 lawsuits in one week through Lexnet, we read on June 13 at ConfiLegal. But what exactly is Lexnet and what is it used for? Lexnet is a secure information exchange platform between the judicial bodies and the legal operators that was created to streamline and optimize the management of notifications, writings or demands

Read More

Spanish Off Plan Deposit Claims

Now, time is essential for a successful reclaim of your off-plan property deposit.   One of every five houses bought by foreigners in Spain, belongs to British Buyers;  however,  some of these buyers saw truncated their dreams,  as they put their life savings into Off-Plan deposits for properties that were never built or that were never begun to be built.

Read More

The floor clauses extrajudicial procedure, wastepaper for Spanish banks

The floor clauses extrajudicial procedure, wastepaper for Spanish banks The floor clauses affectees are claiming Spanish banking’s non-compliance of the extrajudicial procedure approved by the government two months ago. The Royal-Decree 1/2017 of 20th January approved by the government establishes an extrajudicial procedure to claim for floor clauses. It is in force for two months and different bank entities are

Read More

The black spots of the floor clauses’ extrajudicial procedure

The black spots of the floor clauses’ extrajudicial procedure The extrajudicial process for the refund of the floor clauses leaves the consumers defenceless by making stealthy changes to their procedural rights. When the Court of Justice of the European Union ruled in favor of the total retroactivity of the floor clauses, consumers saw their rights recognized and the opportunity to

Read More

British owners in Spain can reclaim their lost money on off plan properties

British owners in Spain can reclaim their lost money on off plan properties After recent legal changes in Spain, buyers have the right to get back their property’s deposits on certain circumstances. The Spanish housing bubble was one of the most important 2008’s international crisis in this country. Thousands of citizens lost their properties or saw their prices crashing which

Read More

Service areas

Special focus on:

DC Chambers news & articles