I received this sentence some time ago, in fact it is now on appeal pending, since last September 23, 2019, that the Court of Appeals set a date for the Deliberation, Voting and Judgment.
Read MoreANFI. Court of Appeals nº 5 grants also the anticipated monies.
On this occasion, the Court of Appeals, again, corrects the Court of First Instance and grants the monies paid in advance. In this case it was 15,000 euros.
Read MoreANFI. New ruling of the Court nº 3 declaring contracts null and void.
As on other occasions sometimes happens that there are Courts in Maspalomas that, despite declaring contracts null and void, do not recognize the right to also receive the unduly advanced money. This then is grounds for appeal and the Court of Appeals rectifies this error and grants them (as can be seen in the following post).
ANFI. Court of Appeal nº 5 also grants us court costs.
New ruling of the Room 5 of the Court of Appeals that gives us the reason and takes it from Anfi. In this appeal, we only demanded that we be granted the legal costs in the first instance and that a calculation error by the Judge be corrected, which instead of granting my clients 39,493 euros, had granted 38,088.67 euros.
Read MoreANFI. Court of Appeal nº 5 confirms nullity and grants advance monies
This is a judgement of the Provincial Court (Court of Appeal), room 5, which was appealed by Anfi. The first instance ruling declared the contracts null and void with refund of monies paid (in accordance with the criteria established by the Supreme Court), however it didn't grant us our other pleading: the return of the monies paid in advance - within the cooling off period-. Anfi appealed the declaration of nullity and we the non-concession of the money paid in advance. The Provincial Court rejected Anfi's appeal and accepted ours so that our client can now claim almost £ 40,000 from Anfi, instead of the £ 23,500 we had obtained in the first instance. Good news!!
ANFI. New judgement, this time Court of First Instance nº 4 in Maspalomas.
In this case Court nº 4 has ruled in favor of my client only 6 days after the Pre-trial took place. No Trial was needed so the Judge issued the decision based on the initial papers submitted by both parties. The client is entitled to the return of £17,075.13 for his contract nullity.
Read MoreANFI. Two in a row, the Court of Appeals again rules against them.
This time the Court of Appeals reconfirms the first instance decision and grants the return of the monies paid in advance. Thus clients will receive £ 18,072.80 as a result of the declaration of nullity of the contract and another 9,546.88 for the anticipated amounts. The contract was declared void due to lack of object -floating- and perpetuity.
ANFI. The Court of Appeals again passes judgment against them.
In this judgment, the Court of Appeals dismisses the appeal filed by Anfi and considers ours. It condemns to return all the monies paid in advance, hence the sentence increases from £ 9,875.10, in the first instance, to £ 22,330.10, now in the second instance.
Read MoreANFI. New victory. More than 30,000 euros back to the client.
This time the Court of Appeals not only confirms the First Instance decision to declare the contract null and void with payment of 142,800 Norwegian crones (14,155.01 euros), but also grants the return of unduly anticipated monies. In this case, the client will receive an extra 170,000 NOK (16,851.20 euros)
Read MoreANFI. The Court of Appeals confirms a First Instance judge decision, again.
In this case Room number 3 confirmed the decision of Court nº 3 in Maspalomas that declared two contracts signed by two client couples, returning them almost £25,000, plus interests from the filing the claims and legal costs, both in the first judgement and the appeal. A pity they didn't have a claim over anticipated monies, the victory would have been then perfect.
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