MacDonald Jurisdiction Victory
Published October 31, 2016
Our Legal Team recently won a dispute over the jurisdiction of a timeshare contract. The contract in question had a clause in the adjoining appendix notes to the contract, which stated that any future disputes could not be taken to a Spanish Court even though the Resort was in Spain. This was a move by the Resort which was intended to discourage any future disputes against them (savvy Resorts know that disputes in a British Court will be a lot more costly). However, our lawyers argued that such a clause is illegal, and their dispute was upheld by the court, which means that the case can now be heard in a Spanish Court.