In this article, published in Spanish Property Insight, Clara I. Gómez Sevilla talks about the new ruling of the Supreme Court regarding mortgage expenses. The new ruling by the Spanish Supreme Court on mortgage expenses (STS105 / 2018) declares that it is the bank and not the borrower who must pay... Read More
Spain remains the most popular destination for British expats retiring overseas. Spain is also hosting the largest group of UK citizens living in the rest of the EU at an estimated 310,000 in 2017. The number of Britons living in Spain over the age of 65 has more than doubled in... Read More
Legal Services are great in the UK!
Del Canto Chambers was invited to participate to the presentation of the campaign “Legal Services are great” last 28th June at Lancaster House.
The event was hosted by the Rt Hon David Gauke, Lord Chancellor and Secretary of State for Justice who together with other... Read More
Banks are up against the wall. Especially with regards to floor clause claims´. The Bank chances for obtaining a ruling in favour of their interests are very unlikely. Especially, after the ruling of the Court of Justice of the European Union 21/12/2016. Although the former Spanish Government had put spokes in... Read More
This isn’t the first time that from Del Canto Chambers, we inform on the disadvantages of the creation of Ad Hoc Courts for floor clauses. In our article published last month #MortgagedJustice. The bank claims: a hard journey. We highlighted the inconveniences for those consumers who, for example, must commute... Read More
The event “Women and the Legal Profession: Conciliation in the XXI century” took place in Madrid, organized by “Fundacion Hay Derecho”. As a female lawyer and to my regret, I left with the feeling that the development of interventions had little to do with women or women who are lawyers.... Read More
According to VAT law, for a purchase document to be considered a full invoice it has to meet various requirements, some of them are complete tax data of supplier and customer, the invoice number and detailed VAT breakdown (see all requirements here). Having said this, it is just as common for... Read More
By Leon Fernando del Canto Gonzalez, Barrister, member of ICAM and the Bar Council.
March 2006 was a special month for me for I finally got qualified as a barrister in the United Kingdom in the Honorable Society of Lincoln’s Inn, and was the first Spanish lawyer to get admitted into... Read More
We would do better if we would have paid more attention to Benjamin Franklin…. The alternative dispute resolution ADR are mechanisms for the parties in conflict to resolve their differences and avoid going to court. Its effective, efficient and quick within family disputes, working relationship, and commercial agreements. In Spain, this... Read More
The legal profession, an essential part of the Spanish judicial system, seems to distance itself each day from the citizens. Using the infamous case #LaManada, of which I don’t believe we can add anything new about. From Del Canto Chambers, and foreseeing what is to come, we believe it is... Read More
About Youtubers Legal Issues. YouTube is the buzzword of today, a subsidiary of Google Inc. anyone can easily open an account and upload their audio-visual contents. The Partner Programs allow YouTubers to earn revenues via Google AdSense. There are basically few conditions that a YouTuber must follow.... Read More
Spaniards have taken to the streets to protest the verdict of five men accused of raping an 18-year-old woman at the ‘Running of the Bulls’ in Pamplona.
According to Spanish Barrister and feminist, Leon Fernando Del Canto, sexual aggression or ‘rape’ is defined by Article 178 of the 1995 Spanish Penal... Read More
Many call for a quick and achievable resolution for internet defamation.
Unfortunately the Internet defamation is more usual than desired. It is not hard to imagine that at this very moment a person, hopefully, neither you nor I, is being defamed on the internet. Turn on with a single click. The... Read More
Everyday Spanish people are being hurt by false accusations – like Francisco who was wrongly blamed for a brutal robbery in a viral Facebook post.
Unfounded rumors can be punished in Spain with up to two years in prison. When we speak about fake news we should broaden the term. Everyone... Read More
The claims service of the Bank of Spain has been overwhelmed by consumers making complaints against lenders for abusive mortgage interest floor clauses, and set-up costs. The Claims Service of the Bank of Spain is a body that evaluates consumer complaints against financial service companies. The Bank of Spain has revealed... Read More
The Decision has already aroused the first controversies in the Spanish legal scene and in the Consumers Associations that will undoubtedly raise this case to the European Court of Justice which will have the last word to say.
It is not the first time that the CJEU corrects and amends the... Read More
One of the questions asked by the entrepreneur residing in Spain is whether she should work as self-employed or should set up a company. Although we could consider for this analysis more types of companies, we chose Limited company (Sociedad limitada - SL) because it is the most common.
It is... Read More
As was expected after EU Court of Justice ruling in December of 2016, Spanish banks have little hope of defending themselves against legal claims brought by clients with abusive clauses in their mortgages.
The effectiveness of the extrajudicial methods for avoiding going to court is limited.
Trying to settle out of court... Read More
International company structures established in decades gone by to help wealthy owners of property in Spain avoid tax are now a ticking time-bomb as the Spanish tax authorities set their sights on them.
“International company structures, with some owned by double or triple vehicles involving a Spanish company belonging to a... Read More
As we announced, the New Spanish Law form contractors and freelancer, reforming Self Employed conditions came into force on the 1st of January 2018. These are some of the new measures that bring clarity and benefit to the freelance worker.... Read More
Since its promulgation, Spain has joined countries that aim to attract residents of great fortune.
Has the Beckham law helped to attract foreign capital? There is currently an international struggle on how to attract residents with great international private fortunes. Spain has taken its time in joining these and the legislation... Read More
The jury is still out
Laia Fernández, lawyer specialized bank claims at Del Canto Chambers, details in her article Who pays mortgage expenses – lender or borrower? The jury is still out published on 16th February 2018 in our partner website Spanish Property Insight. Laia describes how Spanish Provincial Courts are unifying... Read More
Spain is the most attractive European country for British investment
Spain is the most attractive European country for British investment according to the III Barometer on Climate and Outlook for British Investment in Spain; which took place last 15th February, hosted by the HE of Spain in United Kingdom, Mr. Carlos... Read More
Every day we wake up in the City of London and Brexit is still there. Like a bad dream that we just can’t escape. A nightmare for those who voted ‘no’ and for those in favour of leaving. Brexit has grown immovable, turned into a real monster, unfathomable and seemingly... Read More
This couple of months of the year have been very active at Del Canto Chambers. As political and economical situation is becoming more stable in Spain, after the Catalonian elections, where the pro-independence parties won the elections, it is clear that some changes will be needed in the Spanish Constitution... Read More
An agreement between the Kingdom of Spain and the State of Qatar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income was signed last 15th December.
The taxes covered by this agreement are:
I) The income tax on individuals.
II) The corporation tax.
III)... Read More
Who does not remember that sad moment of the series “Super campeones”, when Roberto Sedinho did not bring to Brazil to Oliver Atom to turn him into the best football player in the world. In fiction, Oliver, stayed with his mother in Japan, then, he reunited with his idol, Roberto... Read More
Nuria Coronado’s book “Hombres por la Igualdad” was presented in the headquarters of European Institutions in Madrid last Friday, 24th of November. Sixteen well known men from different professional sectors and trajectories shared pages in this book in favour of equality, the 16 are convinced of the necessity of achieving... Read More
Many of yours might be thinking, whether at this stage, would be worthy to apply for a Permanent Residence Card or perhaps would be convenient to wait until the UK government clears up the horizon of the EU Citizens living in the UK.... Read More
As mentioned in our last monthly summary, Del Canto Chambers facilitated the agreement between Diario AS and E-Management Dar Al Sharq group, and the launching of what will become the largest Spanish sports digital platform in the Arab world. Last month took place the presentation of AS ARABIA “The Arabic... Read More
Global Analysis of Tax Treaty Disputes is a book that must be read. Eduardo Baistrocchi, author of this book and Associate Professor of Law in the London School of Economics LSE, reviewed with his collaborators around 1,500 cases, where Eduardo finally included in his book a ‘Global Taxonomy’ of 116 tax... Read More
The blockade enforced five months ago to the State of Qatar by Saudi Arabia, the United Arab Emirates, Bahrain and Egypt has become the gravest diplomatic crisis in the history in the GCC area. The current emir, Tamim Al-Thani, that came to power in 2013 and is 37 years old,... Read More
A call for transparency in the legal sector Del Canto Chambers is working with the Bar Standard Board Pilot Scheme to promote transparency on fees, services and redress offered by legal providers.
This October the Bar Standard Board (BSB) has published its Consultation Paper in response to the Competition and Market Authority... Read More
On October 19th, the presentation for the book edited by Editorial Eutopia, of which Del Canto Chambers are partners, in the Calders Library in Barcelona, and counted with the presence of Cristina Maragall the spokeswoman of Fundacio Pasqual Maragall, the recognized neorologist, Dr. Nolast Acarin and Xavier Nova, representative of... Read More
This past month we strengthened our strategy and our team in the UK. Claudio Rodríguez Vera, tax adviser and abogado, moved to our office in Southampton, giving coverage to our clients in the Southeast region, while Julio Prieto has just become a European lawyer and is working from our offices... Read More
Our colleague Nuria Monjas de Castro has published an article about the problems of competent jurisdiction due to defamation in digital media. There is no a universal regulation to determine the competent court. It is a complicated issue that is usually resolved by applying a general rule: the domicile court... Read More
PAST: The Federation for self-employed workers (ATA) had long called for an ambitious reform of the self-employed statute for recovering a very punished sector. According to its president, 2 out of 3 had to withdraw from the system as a consequence of the economical crisis. Ambitious or not, You may judge. The... Read More
Today September 25th, PRISA Group and Dar Al Sharq Group from #Qatar have signed and agreement in Madrid to launch #AS_Arabia, the largest Spanish Sports Digital Platform in Arabic for the Arab world. With this agreement Diario AS takes a major step on its option for the international market.
At Del... Read More
In the old days – when it comes to floor clauses when I say “in the old days” I mean 2013-, floor clause matters were settled in Commercial Courts; one per province, except in large cities such as Madrid, Barcelona, Valencia and Malaga.
These courts were created to take charge of... Read More
This past week we strengthened our strategy and our team in the UK. Claudio Rodríguez Vera, tax adviser and abogado, moved to our office in Southampton, giving coverage to our clients in the Southeast, while Julio Prieto, european lawyer, is now working from our London Strand offices.
In Southampton, we are... Read More
Del Canto Chambers was invited by the Canning House to their conference ‘The Changing Face of the Media’ in Latin America, where speakers Mr. Graco Perez, International Relations Journalist in Honduras for the newspaper ‘La Prensa’, and Mr. Chumel Torres, comedian, youtuber, TV and Radio Host, explained the situation of... Read More
The Balearic Islands has approved by Decree Law the modification on the rental of touristic accommodations. In this way, the number of visitors to the islands is limited and the business of renting apartments (booming in recent years) is properly regulated.
The limit has been set at 623,624 places for tourists... Read More
This year August has been an unusual month at Del Canto Chambers. Unlike previous years, there has been a lot of activity in our offices in Madrid, London and Doha, which has given us the opportunity to combine some holidays with business.
Also an unusual month due to the terror attacks... Read More
León Fernando del Canto has published an opinion article in the newspaper The Peninsula Qatar on the importance and need to strengthen the Hispano-Arab dialogue. The article is translated from the original published in El Pais in Spanish as “Veintiséis millones de razones”.
Through an historical analysis of both cultures, he... Read More
Recently we published an article with regards to court claims in mortgage expenses (Notary fees, Land´s Registry fees, Property Appraisal and management costs among others).
Furthermore, a First Instance Judge from Alcorcon, (Madrid), has sentenced Bankia to refund all above mentioned mortgage set up costs including the Stamp Duty Tax which... Read More
In the past seminar called Protección del consumidor en la contratación hipotecaria (Consumer Protection in mortgage contracting) that took place in Santander from 19 to 21 July, the notaries are agree: transparency, simplicity and equity should prevail in mortgage contracts. And should be the financial institutions that, voluntarily, adopted these... Read More
The Anglo Spanish legal Firm Del Canto Chambers facilitated yesterday the agreement to launch what will become the largest Spanish sports newspaper in the arab world.
As Arabia was born yesterday in Doha (Qatar).
The CEO of PRISA, Manuel Mirat, along with the executive director of Dar AlSharq Group, Abdullatif Al Mahmoud;... Read More
July has been a very active month at Del Canto Chambers with a lot of activity in the main jurisdictions we are present —United Kingdom, Spain and Qatar.
During the visit of the King of Spain Felipe VI to the UK, The London School of Economics and Political Science together the... Read More
Coinciding with King Felipe VI's visit to the United Kingdom, the London School of Economics and Political Science (LSE) and El País, the leading Spanish and Latin American newspaper, launched the Observatory of the Spanish Speaking World. The presentation and signing of the agreement took place on July 12th at... Read More
Spain will incorporate to its legislation the Directive 2014/17 CE of 4th February 2014 on credit agreements for consumers relating to residential immovable property. It means that banks will have to disclose information on their financial products or insurance accessories attached to their mortgage contracts. This includes credit cards, house... Read More
It’s just a matter of time that UK expatriates in Spain receive a notification from the Spanish Inland Revenue (Hacienda); claiming unpaid taxes for the last four tax years (tax statute of limitation).
By now, after having acquired your Spanish property, we are sure you’ll agree that the Spanish Tax Legislation... Read More
The London School of Economics and the Spanish Leading newspaper in the world launch The Observatory Of the Spanish-speaking World
Coinciding with the Spanish king’s visit to the UK, The London School of Economics and Political Science and El País -Spanish leading newspaper in the world- launch the Observatory of the... Read More
The ground court courts receive almost 2000 lawsuits in one week through Lexnet, we read on June 13 at ConfiLegal. But what exactly is Lexnet and what is it used for? Lexnet is a secure information exchange platform between the judicial bodies and the legal operators that was created to streamline... Read More
Our firm supports diversity, multiculturalism, heterogeneity, as well as the regulation and protection of all aspects of civil rights. For this reason, last week, Laia Fernandez and Julio Prieto, both lawyers at Del Canto Chambers, published the following article “The pride of difference: Not everything ends with a yes I... Read More
Regarding the costs of the trial Paying legal costs even if having good chances for winning a case against banks, may be deterrent rather than effective and may prevent consumers from taking legal actions against banks, especially if the amounts claimed are moderate. But Sala I of the Supreme Court has ruled and... Read More
In this article, Antonio Gabriel Aguilera talks about, the so-called “floor clauses” and explains that it is a current and unstoppable phenomenon affecting millions of clients in the whole Spanish territory. He also explains to us that since 2015, some banks contacted clients that had mortgages with floor clauses, with the sole... Read More
Theresa May in her latest statement tried to sell a ‘fair and serious offer’ for the EU Citizens living in the UK by creating a new ID card and to 'liquidate the Permanent Residence Card’. The statement has fallen short of expectations. It does not seem “fair” as negotiation has not... Read More
As Ramadan has come to an end with the celebration of Eid Al-Fitr this Sunday, we have come back from our visit to Qatar, where we continued negotiations with Dar al Shar Group, owner of “The Peninsula”, one of the most important digital and printed newspaper in the Gulf Estate. On... Read More
In countries and times when communication is impeded, all other freedoms soon wither away. The discussion dies from starvation, ignorance of others' opinions becomes rampant, imposed opinions triumph. Intolerance is inclined towards censorship, and censorship promotes ignorance of the arguments of others and therefore intolerance itself. A rigid vicious circle, which... Read More
Last week was marked by the uncertainty as to what government will be formed following the election results in the United Kingdom. As the Brexit negotiations with the European Union start, uncertainty was increased with the blaze of the Grenfell Tower in London, which has claimed 79 dead, and by... Read More
If you are one of those that are doubting about starting a complaint for overcharged mortgage interest against your bank, probably, many doubts will arise before contacting a professional firm. The clients whom have deposited their trust in us, have already been answered with their bank claims queries. In Del Canto... Read More
Now, time is essential for a successful reclaim of your off-plan property deposit.
One of every five houses bought by foreigners in Spain, belongs to British Buyers; however, some of these buyers saw truncated their dreams, as they put their life savings into Off-Plan deposits for properties that were never built... Read More
From Del Canto Chambers we condemn the recent attacks in London Bridge and express solidarity with the families of the victims and wounded people. We totally stand against the terrorist attacks that have clouded Ramadan, a sacred month for Muslim all over the world. Today, just one week left for the... Read More
A hung parliament (#HungParliament) leaves Theresa May at the edge of the sword. Results in the UK elections boosted Labour Party with more than 30 seats. The UK Parliament majority (326 seats) leaves the Conservative Party, 7 or 8 seats short, this is what the Conservative Leader, Jeremy Corbyn quotes... Read More
Touristic Lettings in Andalucía: What should we know about... Read More
Moderate business optimism before Brexit
The Chamber of Commerce in Great Britain presents in the Joint Commission for the EU of the Congress and the Senate a survey on the Brexit made among its members.
The Spanish Chamber of Commerce in Great Britain participated last May 17, invited by the Spanish Parliament,... Read More
Gibraltar and its tax regime: more complexity in the negotiations of the Brexit
Spain and the United Kingdom disagree on where to approach Gibraltar's future fiscal status, whether within the Brexit negotiations or posteriori on a bilateral basis.
Gibraltar is the most controversial territorial issue of Brexit. It is not yet known... Read More
#EmbraceSpain XXXIV: As the month of Ramadan starts, this week the EU has formally accepted the start of Brexit
The European Union has formally accepted the opening of the Brexit negotiations with the United Kingdom and Spain has presented its lines of action in this process.
In Qatar, several events have taken... Read More
Capital gain, cadastre and taxes increase the final price of housing by 25%
The calculation of the municipal surplus value and the increase of the value of the land by the update of the Cadastre make the taxpayer to pay 25% more of the price of the house.
Buying a property implies... Read More
A ruling of the provincial Court of Madrid annuls the IRPH banking
The Provincial Court of Madrid annuls the IRPH of a mortgage loan for abusive following the doctrine that the Supreme Court applies to the floor clauses.
Section 13 of the Provincial Court of Madrid issued a ruling on May 4... Read More
On palaces and ashes
Our Managing Partner, León Fernando del Canto, has published in The Huffington Post a personal reflection on the transitivity of life and death entitled "Palaces and ashes". As an example, he uses Ibrahim's King of Balkh fable, from the VIII century (the old city of Bactria, currently... Read More
#EmbraceSpain XXXIII: Gibraltar is not Brexit bargaining chip
The authorities of Gibraltar claim Theresa May’s protection against a possible "interference"of Spain and the European Union in the Brexit negotiations.
UK political parties are tweaking their electoral machinery to prepare for the upcoming general election in June. The Tories and Labor have published... Read More
Gibraltar calls for more support against interference from Spain and the EU
The Gibraltarian authorities ask the British government and the party of Theresa May for a greater commitment from London in supporting the Rock in the negotiations of Brexit.
Gibraltar's chief minister, Fabian Picardo, has called on UK Prime Minister Theresa... Read More
#EmbraceSpain XXXII: UK Elections and Negotiating Suspicion
The British government and the opposition are launching proposals and measures for a general election that has momentarily taken the media focus off Brexit.
At Del Canto Chambers, we have focused this week on taxes and the British real estate market, sectors for which, in... Read More
The TS recovers its old doctrine on the transparency of the floor clauses
The Supreme Court issues a new ruling on the floor clauses in which it tightens the requirements of material transparency of these clauses and guarantees the case-by-case study.
Floor clauses do not leave legal status. If the Supreme Court... Read More
#EmbraceSpain XXXI: Expats, free movement and polarization of Brexit
The British Government changes the general guidelines for Residence Card applicants following the recent implementation of a new warning system.
At Del Canto Chambers residence permits for European citizens living in the United Kingdom are, once again, a key subject this week.
In this... Read More
Gulf tax revolution: Qatar approves VAT bill
Qatar has approved a bill for the implementation of VAT and other taxes in 2018. The rest of Gulf countries will also introduce measures of this type.
The Qatari government has recently approved a proposal for legislation to introduce the VAT tax and another rate... Read More
The Home Office changes the EEA (PR) Guidance Notes
After media published that the Home Office tries to stop the applications to Permanent Residence Card from EEA citizens suggesting to these citizens to subscribe to an email alert instead of applying to a PR due to the huge increase of applications... Read More
#EmbraceSpain XXX: Expats as Brexit social problem
Expats rights are the social challenge of Brexit and it is already included in the British political parties’ discourse even before negotiations and elections start.
This week at Del Canto Chambers we continue to work from our offices in the UK and Spain to strengthen... Read More