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14 Mar 2018 18:06:


Might be an alternative solution? :)


This message was last edited by ads on 14/03/2018.
Thread: Community powers

12 Mar 2018 19:59:

Dear Maria,

With regard to backdating of interest to date of deposit, can judges ignore SC clarification that has been achieved in the interim period between lawsuit submission against the Bank and the point at which they make their rulings?

For example, if SC clarification had not yet been achieved with regard to interest backdated to date of deposit (and therefore was not able to be cross referenced in the original lawsuit), but it did exist by the time the judge made their ruling, would the judge be expected to have knowledge of SC clarification achieved in the interim lengthy periods, or would they be dependent only upon cross reference in the lawsuit?

Do the CGJP provide guidance to the judiciary in this regard to ensure interim SC clarification is fully respected in these instances, especially where the delay to Supreme Court clarification was compounded bya proliferation of  Bank appeals?

If not, are "early" claimants at risk of continuing inconsistent rulings from a court that does not appear to recognise interim SC clarification with regards to interest backdated to date of deposit?


This message was last edited by ads on 12/03/2018.
Thread: Costa Luz Lawyers

08 Mar 2018 18:48:

Fantastic news Danni.  So pleased for you.

Well done to the judge who appears to have recognised the Bank's legal liability and made banco Popular fully accountable for costs and interest backdated to date of deposit.

If only all all courts and judiciary would do likewise...

Thread: WE WON!

04 Mar 2018 14:23:

Dear Maria,

Thank you for the clarification on unfair delayed claims. It’s much appreciated.

Several queries remain relating to award of backdated interest I'm afraid.

There are cases where "additional interest" are still having to be fought as first instance rulings have not recognised correct imposition of interest, are there not?

Are all appeal courts now imposing interest backdated to date of deposit?

Aren't banks continuing to challenge award of interest backdated to date of deposit for all those who took and achieved succesful action against developers but subsequently had to take action against the Bank, by suggesting they had no knowledge or implying that SC clarification does not apply to these instances ?  Aren't  some courts not recognising that in these instances they too are due interest backdated to date of deposit?

Is this challenge by the Banks discriminatory in nature, by treating those who took early action against developers differently (i.e. those who were successful and gained cancellation of contract, but were subsequently compromised in that process due to developer insolvency and had to take action against the Banks) and yet the same legal responsibilities from outset of deposit apply for these Banks?

Is there still an outstanding SC appeal awaiting final clarification with regard to backdated interest and in the interim does this mean that award of costs will be compromised for all those having to challenge ongoing inconsistent rulings of this nature?

It would really help to gain transparency for those still fighting for accountability in this regard.

Many thanks.


This message was last edited by ads on 04/03/2018.

This message was last edited by ads on 04/03/2018.

This message was last edited by ads on 05/03/2018.
Thread: Costa Luz Lawyers

04 Mar 2018 12:05:

Our posts crossed Kavanagh so I will repeat my p.s.

P s. Kavanagh your divisive and somewhat inciteful rhetoric sadly plays little part in achieving solutions. Working together and developing mutual trust with common aims has far more potential to achieve positive outcomes. ;)


Thread: Costa Luz Lawyers


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