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Recap of Legal Actions in Spain against Banks & Others

352089_1280x720This article written by Lawyer Raymundo Larraín Nesbitt, gives a complete overview of the recent court cases in Spain which may award non-residents with unexpected huge windfalls.

Several key court rulings have hit the Spanish headlines over the last months raising huge waves which ripples we continue to feel every day in the shape of glossy newspaper and radio ads soliciting litigation clients. Lawyers have all too eagerly witnessed the recent snowball of landmark rulings which have opened up new venues to litigate that were previously barred to us.

To laymen, these rulings mark an inflection point allowing them a golden chance to claw back lost off-plan deposits from developers, undue interest rates pocketed by lenders, overcharged taxes from town halls and even from the Spanish Tax Office itself. Most of this money was written off years ago, by those affected (in the majority UK nationals). These new rulings have tipped the scales, turning legal outcomes upside down enabling successful litigation (and payback, which is really what it’s all about).

The best way to go about it is to simply provide a brief overview of all the ongoing court cases, one by one, giving the likely success odds, timeframe to claim and the amounts claimed back. I close each one referencing my own articles on a matter for those that seek more information. I only list those likely to affect my readers/clients i.e. non-residents.

There are more court cases than the ones I collate below, but these overwhelmingly affect Spanish nationals (e.g. preferentes) so I will purposely leave them off the list.

It should be noted that the following blog post is of general interest only and is not to be construed or intended as substitute for professional legal advice. Continue reading

Ley de Costas – Coastal Law

In 2018, your property by the beach will be taken from you, demolished and the site left to nature. That was the effect of the original act of 1988 in the spirit of the 1978 constitution, which expressly declared coastline as public domain. It was then largely forgotten or ignored for 20 years until people began to realise that the end of the 30 year dispensation for occupation of the coastal land would be upon them very soon. Obviously, some people with influence were to be affected and so changes to the law are being considered to give the properties at least another 75 years; although they are going to have to pay a fee for that (the country needs the money!). Then it will be somebody else’s problem! Also some areas are less or not affected and, according to El Pais, about 10,000 properties are excluded altogether. The complaints of owners whose properties have already been demolished and neighbours who are being less laxly treated will no doubt carry on for years. Continue reading