22 August 2020
Schedule of Legal Activities Update, 22nd August 2020
The latest Schedule of Legal Activities issued on 22nd August 2020 is available to view here and in the Key Documents section of the website.
Previous updates:
On 21st October 2019 at WimPen/Onagrup’s request, and with our agreement, rearranged dates for the 2nd arbitration hearings in Edinburgh were fixed for 18th and 19th December 2019.
FNTC appealed the court order made by Lord Armstrong at the Court of Session on 30 September 2019, and agreed by both parties, that the case should proceed to trial. Lord Armstrong’s opinion on the legal issues raised by this case are available for members to read on the scotcourts.gov.uk website (Search Judgements>Court of Session>Club Los Claveles). In Lord Armstrong’s opinion the letter of termination sent to FNTC in 2012 was valid, and FNTC was not entitled to the indemnity that it was seeking before signing the deed of retirement. We await further legal advice regarding FNTC’s appeal.
We await developments of the Spanish Legal Cases and will report on these when we have further information. We are hopeful that this will be before the end of the year.
On 9th July 2019 in Tenerife our Spanish lawyer represented the Club in the case to dismiss the judgement improperly obtained in 2016 by Wimpen employee Jane Oliphant in her own right as an owner to block payment of the Committee’s legal costs from the joint community bank account, and to allow the Club to be fairly represented in a re-hearing of the case. The judge’s ruling is expected in September 2019 at the earliest, bearing in mind that the Spanish justice system closes down for the whole month of August for the Summer holiday.
The Club’s enforcement of the 1st arbitration award and the impugnment of the 2018 DOA AGM are with the Spanish courts to decide dates for court proceedings to take place, as is Wimpen’s appeal against the December 2018 court order to stop collecting payments and denying owners access to their apartments.
On 5th July 2019 the arbitrator held a conference call with both parties to agree procedural matters for the arbitration hearings that are due to take place at the beginning and end of October 2019.
On 29th June 2019 the small claims court in Bristol refused permission to appeal to the Club member who raised a claim against the Committee for the return of maintenance fees paid to the Club.
On 27th June 2019 a hearing took place in the Court of Session in Edinburgh to decide how the legal case to remove and replace FNTC as the Club’s Trustee would proceed. Both parties presented their arguments and agreed to let the judge decide how the case would be resolved. He committed to give his judgement within 4-6 weeks, i.e. by 8th August 2019.
Albert Fletcher
Chairman, Club Los Claveles
