El blog de Maria

Anne said:
07 March 2011 @ 23:16

Maria It would be very useful to view which successful case wins have actually received recompense as per legal judgements.

Heather said:
08 March 2011 @ 01:26

Maria

These are a lot of cases, what is the difference between declarative and executed? Were all these cases with regard to property injustices and when was the case for Sierra Golf?

Maria said:
08 March 2011 @ 08:20

Some of them have received money back, some other ones are receiving and for the rest, we will ask liabilities against Banks which received deposits according to provision 1.2 of Law 57/68, lawyers which defaulted on obtaining Bank Guarantees, Agents...

steve said:
08 March 2011 @ 11:59

like Heather I would like to ask the same question what is the difference between Declarative and Executed

Anne said:
09 March 2011 @ 11:25

Maria this is not easy to view as part of the page is missing and you have to scroll over, so could you format this smaller so that the whole of the detail can be seen please.
Many thanks.

goodstich44 said:
09 March 2011 @ 16:35

maria

following on from Anne's request, could we also have a fourth column stating if the money is actually back in the persons account, and what approx percentage is back in their account compared to their original investment?. A win in in court has not meant justice for many people.

Maria said:
09 March 2011 @ 16:49

Very few indeed. I would say that around 20% of them. That´s why we are going very hard for 1.2 of Law 57/68 and other possible liable parties ( agents, lawyers...) related to the lack of Bank Guarantees.

Anne said:
10 March 2011 @ 09:33

Maria, the bottom line to all of this is that no matter what legal route you take, justice at the end of the day equals recompense as per successful legal judgements, and if this is not forthcoming then we have not achieved justice at all..... We really need to focus on gaining recompense for clients within the justice system, and the only way to do this is to keep highlighting the realities relating to the non implementation of the law in Spain. This is absolutely imperative now and should be viewed as the main priority to regaining any trust in the Spanish Justice system. Lets focus on the end result please.

Maria said:
10 March 2011 @ 09:36

Anne:
Thanks a lot for your words. We will certainly keep trying, through every legitimate route we have at hand.

Please keep the hopes up!

Maria

Heather said:
10 March 2011 @ 15:58

Maria if only a small percentage get their money back how can lawyers survive, surely they need to get their fees and legal costs especially when cases have been going on for years?

Maria said:
10 March 2011 @ 16:22

Dear Heather:
I am so glad you made that question as ..... it is interesting how sometimes people think that we are becoming rich out of this battle.

I do not know how other lawyers survive, we survive out of great efforts, constant process revisions to maximize our resources and sober life.

And we are happy people!

Maria

Helena said:
06 April 2011 @ 03:10

Proceeding Type: Declaratory

A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party. In this way the declaratory judgment is like an action to quiet title, a paternity petition, or any other form of preventive adjudication.[1] The declaratory judgment is generally distinguished from an advisory opinion because the latter does not resolve an actual case or controversy. A court may issue a declaratory judgment by itself or along with some other relief (such as an award of damages or an injunction). A declaratory judgment is sometimes called a declaratory ruling, a term which also includes decisions of regulatory agencies.

A declaratory judgment is typically requested when a party is threatened with a lawsuit but the lawsuit has not yet been filed; or when it is thought by one of two (or more) parties that their rights under law and/or contract might conflict; or as part of a counterclaim to prevent further, similar lawsuits from the same plaintiff (for example, when only a contract claim is filed, but a copyright claim might also be applicable). It may also be sought in administrative law instead of prerogative writs such as certiorari or prohibitions. In some instances a declaratory judgment is filed because the statute of limitations against a potential defendant may pass before the plaintiff incurs damage (for example, a malpractice statute applicable to a certified public accountant may be shorter than the time period the IRS has to assess a taxpayer for additional tax due to bad advice given by the C.P.A.).

Anne said:
18 April 2011 @ 16:29

I don't understand the last posting by Heather and its relevance to our comments relating to actual recompense, so please can you explain the relevance in simple terms for those not used to legal jargon!
Many thanks.

Anne said:
18 April 2011 @ 16:33

Sorry I meant to say Helena not Heather.