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14 Jul 2020 15:39:

Maria,

Just to gain some clarity re the justice system and the impact from the close down of courts and the workings of the judiciary due to Covid.

Are the courts and judiciary now back to normal functioning? If so when did they restart? Has any judcial progress been possible during the month of July?

And given the "normal" closure of courts during the August period, will this still occur, and if so when will the courts and judiciary be recommencing?  

 

 



Thread: Any legal questions related to Coronavirus situation in Spain?

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21 Jun 2020 12:29:

Question for Maria,

Please could you advise if there is a Spanish equivalent to safeguard clients files upon closure of a law firm ( for whatever reason) and if there is a legal facility to requisition such files to protect the rights of innocent citizens?

Question for Gill

Is this related to BG law, in other words were they offplan purchases, or are these instances related to properties subsequently deemed to be illegal development(s)? It's very confusing...

In which case another question for Maria.

Please could you identify do all Spanish lawyers have to comply with provision of legal liability insurance, and if this was not the case back in the day when these people were compromised in this manner, where do they stand from a legal perspective?
If the notary has proof of deeds for those properties, then is the Notary ultimately responsible for checking that the property had all required documents to substantiate its legality? Would the Notary then have legal liability insurance to assist in any subsequent claim?


This message was last edited by ads on 22/06/2020.
Thread: ELS ex clients trying to get access to papers/documents

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20 Jun 2020 18:40:

Sorry not good enough if a system allows Banks to accept deposits from any source without proof that all due  checks and safeguards and strict adherence to existing LEY 57/68 Bank Guarantee law were complied with FROM THE OUTSET?
 

For any offplan development all monies had to be placed into recognisable developer SECURE SPECIAL accounts that were fully safeguarded with INALIENSBLE RIGHTS no less. It was for the Bank to ensure that any monies deposited into their safe keeping were easily identifiable and that legal BGs issued accordingly in that process. They have no right to retain monies deposited without their own proof of adherence to this law.

That was the purpose of good BG law that has been contested and won ( in the majority of cases) during the past 15 years and beyond.

Banks have been doing their level best to contest this law using all manner of manipulative ploys however, proliferating appeals and playing the system of delays ..... and are still fighting tooth and nail on some aspects of this law as we speak.
 

Only when justice prevails in this regard will it ever be safe to suggest that Banks can be trusted to behave with all due compliance as per their mission statements. Progress has been made but it has resulted in lengthy and costly litigation....it's taken years to get the Supreme Court to rule in favour of innocent purchasers and thereby set legal doctrine to make Banks accountable for return of deposited monies, and where applicable accountable for interest and costs. 

The problem now however may rest with those who delayed litigation for all manner of reasons, as there is a time limit of fifteen years applicable to this law.... ( many may have been  given false information or suggestions made that they were fighting a lost cause, or they have been denied the ability to find relevant financial data, etc).

In other words you have to have started litigation within 15 years of placing deposit. Those who are sadly outside this limit will have to seek other means, but this is where knowledge and case law and willingness to proceed with litigation becomes dependent on trusted law firms to correctly assess the "likelihood " of success, dependent again presumably on all manner of circumstance. 

But this instance should not let those who bring the legal profession into disrepute  off the hook, since again there should be a system in place to protect. For instance when the Spanish authorities closed down the firm, did they immediately seize all client data to act as protection going forward? Had they ensured that legal liability was compulsory and complied with? 

So many questions I'm afraid and presumably only those good law firms willing to thoroughly investigate the circumstance and assess the detail from a realistic perspective can educate us all in this regard.

Its not in anyone's interest to jump to conclusions until all the facts are known. Hopefully someone who has full knowledge of these cases can provide greater clarity and transparency.

P.s. In some instances original conveyancing lawyers who appeared to have had a potential conflict of interests (I.e. they were not independent ) have been "encouraged"  to provide financial information necessary to proceed with litigation against the Banks by the Bar Associations but this has been dependent upon good experienced law firms who "took over" the case to request this, ....the premise being that if the original conveyancing lawyer did not comply with this request, they would presumably be at risk of litigation or fines themselves or in the worst case taken off accreditation lists.... But again it depends upon a good trusted independent  law firm intent on protecting clients best interests to use their experience in this regard.


This message was last edited by ads on 20/06/2020.

 


This message was last edited by ads on 21/06/2020.
Thread: ELS ex clients trying to get access to papers/documents

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19 Jun 2020 16:45:

No unfortunately I can't Kavanagh....don't have the knowledge hence my question re who regulates legal firms in Spain?

 

 


This message was last edited by ads on 19/06/2020.
Thread: ELS ex clients trying to get access to papers/documents

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19 Jun 2020 16:06:

Bit confused by this Kavanagh 

"The CNMV's Official Registers contain extensive itemised economic and financial information about securities issuers, listed companies, broker-dealers and brokers, collective investment institutions and venture capital firms."

So what has this got to do with Gill's enquiry?

Are ELS a legal firm?

In which case who is the regulator of legal firms in Spain?

P.s. Found this from way back..... ( oh for a memory!) 

https://www.eyeonspain.com/forums/posts-long-12864.aspx

 


This message was last edited by ads on 19/06/2020.
Thread: ELS ex clients trying to get access to papers/documents

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