General update of civil cases against resort properties/silverpoint in Tenerife
Recently we were delighted to announce that we had achieved 43 consecutive wins in various Courts of the first instance in Tenerife against Resort Properties /silverpoint where 8 different independent Judges ruled in our clients favor, basically endorsing and confirming that their contracts with Resort Properties contravened the Timeshare Law.
Of course we knew that Resort Properties would appeal these decisions but all our legal advisors were confident that the High Court in Tenerife would concur with the ruling made in the first instance.
The confidence from our legal team came from two very important factors.
Firstly all the rulings from the Judges in the first instance were extremely clear and applied without any doubt the statute according to the Timeshare Law.
Secondly because there have been at least 22 similar cases from various High Courts throughout Spain where those High Court Judges have also accurately enforced the Timeshare Law and in doing so set a very clear precedence.
With so many solid rulings we rightly expected the Judge from the High Court in Tenerife to apply the same clearly established precedent.
Unfortunately this has turned out not to be the case.
To our lawyers utmost surprise the High Court in Tenerife has overruled the Judge in the first instance and has now ruled in favor of Resort Properties.
For us and all our legal advisors this was both totally unexpected and totally inexplicable especially because of the reason for invalidating the ruling from the Judge in the first instance.
The High Court in Tenerife claims that our client’s contracts are NOT governed by the Timeshare Law(despite resort properties/silverpoint is one of the largest timeshare company ) as our clients DID NOT PURCHASE TIMESHARE and they could not be governed by the Consumer Law as our clients were NOT consumers but were instead “INVESTORS”.
This ruling in our opinion is incredible and inexplicable and clearly confirms that we hugely underestimated the powerful influence Resort Properties has in Tenerife.
It also makes it extremely clear to us that the only way to overcome this ruling of the high court is to appeal this decision to the Supreme Court in Madrid.
Of course this will take extra time , more work , and incur additional fees, but all our legal advisors have confidence in the Supreme Court and they all agree that this is where justice will prevail.
In the meantime we will not just sit back and wait for the Spanish Judicial system to correct this situation but where each client fits the criteria we will also use the UK consumer law where we have already had considerable success.