Enforcement of Legal Judgement in The UK

I hope that Maria or one of the legal people can answer this query from another thread

We know that many people are now facing legal action by waliking away from contracts and more developers taking people to court in Spain to recove the full contract value

A lawyer is telling their customers that even if they loose a judgement that the developer cannot come after the buyers assets in the UK and that the judgement can only be enforced in Spain

Is this true and can now, under EU Law, the developer if they win the case in Spain,  make a claim thorugh the UK Court system for recovery of the money

Now wouldn't that be ironic if Spanish developers got speedy treatment in the UK, whilst thousands of Brits await return of their monies from developers in Spain, (stuck in massive Spanish court delays and at the mercy of developer's delaying tactics) !!

  I cannot see how the Uk Courts can decide on a contract who was signed in Spain regarding a house to be built in Spain. Clearly jurisdiction are Spanish Courts.

Under Spanish Law, there is a clear argument to oppose to that lawsuit,  if the buyer is lacking a sourse of financiation for the property as that as agreed by all actors of the off-plan business under the unbrella of the National Institute for Consumers back in 2001.

 A Court decission in Spain can be cashed against assets worldwide.

  I cannot see how the Uk Courts can decide on a contract who was signed in Spain regarding a house to be built in Spain. Clearly jurisdiction are Spanish Courts.

Under Spanish Law, there is a clear argument to oppose to that lawsuit,  if the buyer is lacking a sourse of financiation for the property as that as agreed by all actors of the off-plan business under the unbrella of the National Institute for Consumers back in 2001.

 A Court decission in Spain can be cashed against assets worldwide.

Just to clarify Maria the question is after a Spanish Court haswon a judgement in Spain and then can they enforce the judgement in the UK

Their lawyer is saying no they cannot collect in the UK

Yes, they can. Even thoigh it seems tha Uk Courts are quite difficult in terms of executing foreign court decissions.

Again amd before that stage... there is much  legal arguments to put against that Lawsuit.

I would not worry at all.

Maria

Does this apply?  European Order of Payment

The administrators for our urbanisation (and others) have been using this to pursue community fee debtors.

Further information on Enforcement of Foreign Judgments can be found if you google Council Regulation (EC) No 44/2001

It's actually very straightforward - obtain judgement in one member state and enforce in another.

In the past banks have not really bothered crossing borders but we are in unchartered waters and who knows what they will do to get money back.

But in your favour the legal department of Spanish banks appear to know little on EU or international law and because they are arrogant and don't speak English they won't ask those that do or instruct UK solicitors to do the work.

Pitby, that regulation aply to uncontested claims.

Maria,

If a developer has placed an appeal against a purchaser's court judgement win for breach of contract in Spain, then is this classed as a contested claim and therefore prohibits that purchaser from using this European Order of payment to reclaim their monies through this process?

Correct.

Thanks Maria,

So in the instance identified at the start of this thread would your advice for a purchaser losing their claim against a developer be to place an appeal against that judgement so as to do likewise, and prohibit this swift European Order of payment to proceed by contesting?

Isn't this ability to appeal (in some instances without due cause), open to abuse by both sides? Are appeals in Spain closely reviewed to prohibit abuse of this nature?

There is a lot of legislation in this area depending on the claim/court/procedure etc

At the end of the day when all apeals are over a judgment from one member state can be enforced in another - there are only so many courts or grounds for appeal and that will also cost you especially if you keep paying Spanish lawyers to represent you.

So I am saying do not think you will be safe in UK and that a Spanish judgment could not be enforced over there.

And it's a damn site easier to track people down in the UK than it is in Spain. 

If you had assets or positive net worth in the UK  then I would come after you. So if some bank or other organisation wants to talk to me than I will take these cases.

Faro,

What about conveying also the complete opposite to your scenario and saying

"do no think that you will be safe in Spain and that a UK judgement could not be enforced over there"

If this is not seen to be an equal playing field then it makes a mockery of EU justice.

Where you observed "At the end of the day when all appeals are over, a judgment from one member state can be enforced in another ", this does not  appear to be the case for those whose developers have been allowed to use delaying tactics through the appeal process and the Spanish courts have delayed and delayed justice (thus denying enforcement orders in the interim), and in the end the developer has gone into administration, thus completely compromising those innocent victims who have been denied justice.

It's a disgrace, and the EU should be looking to ensure that this does not become a one-way legal process such that developers in Spain can gain justice but purchasers in the UK (or wherever in Europe) are denied justice.

Dear Ads

Thanks Faro,

But now I am confused as in one posting you wrote

"It's actually very straightforward - obtain judgement in one member state and enforce in another. "

 and then in the following reply you wrote

"If your judgment is Spanish then you cannot use the UK courts to enforce on that judgment in Spain. "

Please could you explain further.

I am confused as well becasue everybody is telling me that you can easily enforce and collect on a judgement granted in a Spanish Court in another EU state

I am confused as well becasue everybody is telling me that you can easily enforce and collect on a judgement granted in a Spanish Court in another EU state

I believe what Faro is  saying (I think) is that if you have obtained a judgment in Spain, you cannot use a UK court to enforce that judgment IN SPAIN.  Obviously, you would use a UK court to enforce the Spanish judgment in the UK, or a French court to enforce it in France, etc., etc.