Spanish litigation on the increase after Brexit

We have been asked to act in an increasing number of disputes resulting from the consequences of Brexit and its impact on cross-border disputes, particularly the applicable law, jurisdiction, and enforcement of civil and commercial judgements between the EU and the UK.
Our dispute resolution practice is dedicated to the resolution of complex and/or international cases, representing clients in litigation. If your case involves any assets or investments in Spain, we can conduct identification of the options available, guide you through the process and help you avoid any potential pitfalls. Our team comprises English speaking Spanish dispute resolution lawyers, experts in their own jurisdiction, who can provide a seamless transition between the English and Spanish systems.
Our client range is highly diversified, ranging from multinational, foreign and local corporations, through mercantile and investment banks or hedge funds to medium-sized businesses, and private individuals.
Major international law firms, including foreign firms with Madrid or Barcelona offices that have no court experience in Spain, regularly ask us to defend the interests of their clients before the Spanish courts.

Civil and Penal Litigation

We can start and defend proceedings before Spanish courts in the matters of contractual litigation, off-plan property deposit reclaims, family law, tax matter, property issues, civil matters

Get in touch if you need help with Spanish Litigation

Real estate litigation

We assist our clients in managing their real estate disputes from initial advice on the early stages of a dispute to technically complex litigation, as well as asset management of large-scale property portfolios. But when disputes arise, we draw on a range of experience from the highest level of complex litigation before the superior courts, to routine debt recovery, to give you the reassurance you need.

Property Disputes

We aim to provide rapid, cost-effective solutions to all types of property disputes ranging from the straightforward to the most complex. Property disputes are disruptive and can be very costly. We advise and represent buyers, home owners, developers, landlords and tenants in all kinds of residential and commercial property disputes in Spain including developer insolvency issues, developments without planning consent and enforcing or avoiding contracts of sale.

Debt Recovery

We provide a pre-litigation debt recovery service on a success fee basis, that is, you only pay legal fees if and after money is actually recovered from the debtor. We engage forcefully with the debtor, probing and discrediting excuses for non-payment, to reach a negotiated settlement. If this is not possible, we advise you on the merits of the case and cost of court action, and take aggressive court action against the debtor and/or its directors through the civil and/or criminal courts.
Do you need to register or enforce in the UK a Spanish European Enforcement Order (or “Titulo Ejecutivo Europeo”)?
Does anyone owe you money and you need us to make a claim against the debtor?

Please emails us details and we shall be pleased to provide you with an indication of our fees.

Breach of Contract Claims

You may have a breach of contract claim where a party to a contract fails to fulfil an obligation under that contract.
Under Spanish law, there used to be an exceptionally long limitation period within which actions for breach of contract could be brought (15 years after the date the breach occurred). As of 2015, the limitation period for actions for breach of contract is 5 years (Law 42/2015 modifying Law 1/2000 of Civil Procedure Code).
The change to the Spanish “statute of limitations” (a piece of national legislation setting out the maximum time limit within which legal proceedings have to be taken) has brought the Spanish limitation period for breach of contract closer into line with that of England & Wales. The time-bar period applicable to personal actions has been amended in order to create a fairer balance between the interests of the claimant and those of the defendant.
We are experts in breach of contract claims in Spain and can help you to achieve a favourable settlement.

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