International Maritime Law: The 2026 Hormuz Blockade Analysis
On 13 April 2026, the United States took a step that shifted the tectonic plates of international maritime law. The announcement of a naval blockade of the Strait of Hormuz was framed as a strategic necessity: a move to cut off Iran’s oil revenues, force diplomatic concessions, and bring a swift end to regional conflict. […]
Why Does the Judge Speak So Much?
British clients who attend court in Spain often ask me the same question: “Why is the judge doing all the talking?” For anyone familiar with the English courtroom, where judges sit silently as barristers argue, the Spanish scene can feel unsettling. A magistrate in Madrid may cut into a witness’s testimony, demand further evidence, or redirect […]
Trapped in a Multi-Currency Mortgage in Spain?
How Del Canto Chambers Can Help You If you entered into a mortgage in Spain – whether with a Spanish or international bank – and that loan was offered as a multi-currency mortgage (for example, denominated in Swiss francs or Japanese yen on a Spanish property), you may now face unexpected financial and legal consequences. The problem […]
Del Canto Chambers partner with San Telmo Business School
Del Canto Chambers partner with San Telmo Business School. San Telmo Business School is a well-respected business school in Spain, with campuses in Sevilla and Málaga. Their main goal is to help people improve their management skills through various programs. They understand the challenges that companies and both public and private institutions face. San Telmo […]
A boomerang blow to the enforcement of arbitral awards against Spain?
A boomerang blow to the enforcement of arbitral awards against Spain?. The High Court of Australia upholds ‘recognition’ and ‘enforcement’ of a multimillion ICSID award in favour of renewable energy investor Infrastructure Services Luxembourg S.À.R.L. Arbitration analysis: In a judgment dated 12 April 2023, the Australian High Court has dismissed the appeal lodged by the […]
International Comparative Legal Guide – Competition Litigation 2022
International Comparative Legal Guide – Competition Litigation 2022. Our colleague Josep Galvez has authored the Spanish chapter in the latest edition of the 𝗜𝗻𝘁𝗲𝗿𝗻𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝗖𝗼𝗺𝗽𝗮𝗿𝗮𝘁𝗶𝘃𝗲 𝗟𝗲𝗴𝗮𝗹 𝗚𝘂𝗶𝗱𝗲 – 𝗖𝗼𝗺𝗽𝗲𝘁𝗶𝘁𝗶𝗼𝗻 𝗟𝗶𝘁𝗶𝗴𝗮𝘁𝗶𝗼𝗻 𝟮𝟬𝟮𝟮. The Guide covers common issues in competition litigation across a number of jurisdictions, as well as features further insight into remedies, evidence, timing, settlement, costs, appeal and […]
Barristers in the International Legal Market
Barristers in the International Legal Market. Barristers of England and Wales provide specialist advocacy and legal advisory services of the highest quality to clients around the world as follows:• They primarily act as advocates in court proceedings (both in the courts of England and Wales and in many other jurisdictions), arbitrations, adjudications and mediations;• They […]
The Lugano Convention: a matter of genuine concern for the UK
The Lugano Convention: a matter of genuine concern for the UK. “As a consequence of leaving the EU, the UK lost its membership of the Lugano Convention, a relevant international treaty between the EU with other European states that form the European Free Trade Association, including Switzerland, Norway, and Iceland. Consequently, in April 2020, the […]
Mortgage expenses “to be refunded in full”, says the European Court of Justice
Mortgage expenses “to be refunded in full”. Once again, the ECJ corrects the jurisprudence of the Spanish Supreme Court, on this occasion with regards to the mortgage expenses and the mortgage opening fees. A judgement has been handed down in the Court of Justice of the European Union (CJEU) on 16th July 2020 relating to several issues […]
The Hispanic Dispute Resolution Centre (ADR) in London
The Hispanic Dispute Resolution Centre (ADR) in London. As part of our Dispute Resolution initiatives, Del Canto Chambers project has launched a project to create a Hispanic Dispute Resolution Centre (ADR) in London as part of the Financial Times #InnovativeLawyers2020 Global Legal Hackathon Challenge The project involves setting up a virtual Hispanic Mediation and Arbitration […]
Post-COVID19 insolvencies in Spain: Apocalypse now?
Post-COVID19 insolvencies in Spain: Apocalypse now? As we reported in our previous legal alert, the state of emergency has practically suspended all non-urgent activity before the Spanish courts, and specifically those proceedings related to commercial and business matters. Accordingly, despite the severe circumstances affecting companies in financial distress due to their lack of activity, the […]
Del Canto Chambers Press Note on COVID-19
Dear Clients Del Canto Chambers Press Note on COVID-19. Due to the recent communications issued by several Official Sources advising companies to promote the teleworking in those zones where there is a high risk of transmission of the so called Virus Covid-19. Our Firm has decided to put in practice these measures in order to […]
The European Court of Justice ruling on IRPH Spanish mortgage loan clauses
The European Court of Justice ruling on IRPH Spanish mortgage loan clauses. The court handed down judgment on 3 March 2020, granting consumers affected by the index reference for mortgage loans (IRPH) a new chance to claim against Spanish banks. An alternative to Euribor, the IRPH is a mortgage indicator for interest rates applied in […]
The new strategy of banks: request the testimony of the borrowers
The new strategy of banks: request the testimony of the borrowers. Banks are up against the wall. Especially with regard to floor clause claims. The Bank’s 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 […]
The OCU appeals the decision of the CGPJ to create specialized courts for floor clause claims
The OCU appeals the decision of the CGPJ to create specialized courts for floor clause claims. 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 […]
When will mankind be convinced and agree to settle their difficulties by arbitration?
When will mankind be convinced and agree to settle their difficulties by arbitration?. We would do better if we would have paid more attention to Benjamin Franklin…. Dispute resolution ADR Alternative dispute resolution ADR is mechanisms for the parties in conflict to resolve their differences and avoid going to court. Its effective, efficient, and quick […]
If you violate her, you violate me!
If you violate her, you violate me! 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 […]
Spanish floor clause and mortgage expense complaints registered with Banking supervisor soar 178% in 2017
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 that there were 40,173 […]
The Supreme Court rules in favour of the banks for mortgage expenses
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 decision of the Spanish […]
98% of mortgage floor clause claims completed in 2017 were successful
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 is not as effective […]
Floor Clause Claims Time to be patient – Spanish Courts collapsed”
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 bankruptcy proceedings and industrial […]
The Spanish courts are collapsing with the demands of floor clauses
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 and optimize the management […]
Floor Clauses: 11 most Common Asked Questions
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 Chambers, we provide professional […]
Spanish Off Plan Deposit Claims
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 or that were […]
A ruling of the provincial Court of Madrid annuls the IRPH banking
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 (Appeal nº 936/2016) […]
The TS recovers its old doctrine on the transparency of the floor clauses
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 initially only considered […]
The floor clauses extrajudicial procedure, wastepaper for Spanish banks
The floor clauses extrajudicial procedure, wastepaper for Spanish banks The floor clauses affectees are claiming Spanish banking’s non-compliance of the extrajudicial procedure approved by the government two months ago. The Royal-Decree 1/2017 of 20th January approved by the government establishes an extrajudicial procedure to claim for floor clauses. It is in force for two months […]
Qatar amends its arbitration law to attract foreign investment
Qatar amends its arbitration law to attract foreign investment The Qatari government has approved a new arbitration law adapted to the international standards on commercial law that are marked by the United Nations. Qatar is one of the most important investment destinations in the Middle East, and for some years now it has been doing […]
The black spots of the floor clauses’ extrajudicial procedure
The black spots of the floor clauses’ extrajudicial procedure The extrajudicial process for the refund of the floor clauses leaves the consumers defenceless by making stealthy changes to their procedural rights. When the Court of Justice of the European Union ruled in favor of the total retroactivity of the floor clauses, consumers saw their rights […]
British owners in Spain can reclaim their lost money on off plan properties
British owners in Spain can reclaim their lost money on off plan properties After recent legal changes in Spain, buyers have the right to get back their property’s deposits on certain circumstances. The Spanish housing bubble was one of the most important 2008’s international crisis in this country. Thousands of citizens lost their properties or […]
War between banks and consumers for the return of the floor clauses
War between banks and consumers for the return of the floor clauses Banking and government delay compliance with ECJ ruling. The Minister of Justice, Rafael Catalá, recently announced that specialized courts in floor clauses may be designated with the aim of not collapsing the judicial system in the face of an avalanche of consumer complaints. […]
Del Canto Chambers is confident on the floor clauses' claims refund
Del Canto Chambers is confident on the floor clauses’ claims refund Our Managing Partner, León Fernando del Canto, has been quoted in an article, published by The Times, on the new floor clauses claiming procedure established in Spain: “The question on every borrower’s lips will be “How do I get my money?” — and, this […]
Del Canto Chambers thought as the well-placed firm to claim back for floor-clauses mortgages
Del Canto Chambers thought as the well-placed firm to claim back for floor-clauses mortgages The specialised website Spanish Property Insight has published an article, by market analyst and consultant Mark Stücklin, in which it has been quoted our Managing Partner, León Fernando del Canto, with regard to the recently approved Decree on floor clauses extrajudicial […]
The municipal capital gain could be reclaimed to the town halls
The municipal capital gain could be reclaimed to the town halls Numerous courts in all of Spain support the return of the municipal surplus value which current calculation does not consider the real value of property. The municipal capital gain, or Tax on the Increase of the Value of Urban Land (IIVTNU), is a rate […]
Side B of the #floorclauses extrajudicial procedure
Side B of the #floorclauses extrajudicial procedure The #floorclauses extrajudicial procedure favours the banks instead of consumers As anticipated in our article “Floor clauses and smoke curtains”, the #floorclauses extrajudicial procedure regulated by the Royal Decree 1/2017 of 20 January has come to establish that banks continue winning this battle. This is not just a […]
How to claim for floor clauses mortgage loans’ expenses and other void credits
How to claim for floor clauses mortgage loans’ expenses and other void credits Floor clauses’ sentence triggered legal claims to recover mortgage’s arrangement fees and costs of mortgages loans affected both by said clauses and other void ones. In Spain, when signing a mortgage with a bank, the client is usually paying in full all […]
Del Canto Chambers considers a "smokescreen" the floor clauses' extrajudicial process
Del Canto Chambers considers like a “smokescreen” the floor clauses’ extrajudicial process Our Managing Partner, León Fernando del Canto, has published an opinion article in the journal Huffington Post in which he considers the new extrajudicial process that the Spanish government is trying to pass as a smokescreen to not to comply the CJEU’s sentence […]
The banking sector strikes back: mortgage loans increase after the ruling of the CJEU
The banking sector strikes back: mortgage loans increase after the ruling of the CJEU Spanish banks will increase credit to cope with a Euribor still at record lows and the CJEU ruling on floor clauses. Spanish banking has been in crisis for a number of years in the context of a low-margin and narrow-margin banking […]
Football Leaks: The tax evasión league
Football Leaks: The tax evasión league A European consortium of investigative journalists uncover footballers and celebrities’ massive tax fraud, with an emphasis on Cristiano Ronaldo and José Mourinho. The German newspaper “Der Spiegel” known as Football Leaks, has revealed that several European clubs and soccer players have committed a crime of tax evasion. This newspaper […]
A court recognizes the floor clauses' total retroactivity
A court recognizes the floor clauses’ total retroactivity A Basque court recognizes the floor clauses’ total retroactivity a few days before the CJEU’s final sentence. The costs for the banks could be up to E5.2bn. The Barakaldo’s First Instance Court (Basque Country, Spain) has admitted the floor clauses’ total retroactivity and it obliges a bank […]
The crisis hits but does not knock the Spain’s international presence out
Spain’s global presence both in the EU and worldwide remain steady, despite the crisis, according to the “Real Instituto Elcano’s” report “Elcano’s Report on Global presence 2016”. Spain keeps its political and economic presence in the international arena through the Elcano’s Global Presence Index (IEPG, in Spanish), Which is the result of an annual projection […]
Del Canto Chambers, a strong advocate of Spanish and British's axis.
Del Canto Chambers, firme defensor del eje hispano-británico Our Managing Partner, León Fernando del Canto, has published an article in “El País“, in which he bets again for maintaining the Spanish and British’s economic bonds against the Brexit’s generated uncertainty. With this article, written within the frame of the #embracespain campaign, Del Canto defends a […]
Del Canto Chambers thinks that the HMRC's antifraud measures are 'excessive'
Our Managing Partner, León Fernando del Canto, has published a statement in the magazine Bloomberg BNA where he comments on the last measures that HMRC has implemented to fight against VAT fraud. The article, written by the journalist Ben Stupples, is titled “UK proposes new penalties for VAT fraud” and it gives details on the […]
Between universal jurisdiction and international taxation, it has been a busy week at Del Canto Chambers
Our visit to London; the principle of universal jurisdiction in New York; the Apple Inc. case; and the revenue-raising antics by means of corporate tax employed by the Spanish government have kept us busy this week at Del Canto Chambers At Del Canto Chambers, as we approach the end of the summer and brush away […]
Universal Jurisdiction: ecological and economic crimes are also against Humanity
Universal Jurisdiction and its new application frames have been discussed at the United Nations at a conference sponsored by Fundación Internacional Baltasar Garzón The UN headquarters in New York hosted a conference on universal jurisdiction, which was focused on the role of the universal jurisdiction principle in the fight against impunity for crimes against humanity. […]
The principle of Universal Jurisdiction to be discussed at UN headquarters
The application of the principle of universal jurisdiction for debate this week at the UN in New York. The principle of Universal Jurisdiction refers to the extension of national jurisdiction of any territory over certain crimes considered crimes against humanity, regardless of where they were committed or the nationality of the perpetrator. The formulation of […]
Spanish banks are facing massive trials for fraud during the housing bubble
A new wave of massive trials against Spanish banks is coming because of the investors’ lost money by property developers during the Spanish housing bubble. Spanish banks are facing a new case of multiple trials because of the lost money that investors paid to the bankrupted housing developers in the bubble’s years of 2004-2006. Developers […]
Holiday hell
Our Managing Partner, León Fernando del Canto, has published a new article at New Law Journal titled ‘Holiday hell’. This article analyses how the later CJEU’s Advocate General’s opinion on floor clauses’ retroactivity has affected not only Spanish citizens owning overpaid mortgages but UK citizens in Spain having holiday homes. To all of this is […]
Del Canto Chambers defines as "unfair" the ECJ's opinion on floor clauses
Our Managing Partner, León Fernando del Canto, published an article in the journal of luxury property Prime Resi on the subject of the ECJ’s Advocate General’s opinion on floor clauses and how it could affect British citizens owning a holiday home in Spain. According to León Fernando del Canto, the ECJ’s Advocate General’s opinion could […]
Premi Resi – The Rain in Spain
26-07-2016 | PRIME RESI The digital Media specializing in real estate, Prime Resi, published an article by our Managing Partner, Leon Fernando del Canto, on the recent decision of the Advocate General of the ECJ in relation to the non-retroactivity of provisions soil and how it will affect the owners of holiday homes.
Floor clauses and Brexit: this week’s hot topic
The CJEU’s Advocate General’s line on floor clauses and the Brexit’s economic consequences corners Del Canto Chambers’ reporting work last seven days. The work at Del Canto Chambers has been traced by the CJEU’s Advocate General’s statement on floor clauses and Brexit’s effects in the British economy this week. The Advocate General’s opinion of limiting […]
Bloomberg – Spanish Banks Surge as Fears Subside over EU Mortgage Ruling
13-07-2016 | BLOOMBERG The prestigious financial newspaper Bloomberg published an article by our Managing Partner, Leon Fernando del Canto, on how they are prepared Spanish banks for the effects of the recent stance of the Advocate General of the ECJ regarding the floor clauses.
The banking's fight back: floor-clauses vs zero-clauses
Spanish banks are getting ready to face the next CJEU’s Advocate General’s opinion on floor-clauses’ effects by implementing “zero-clauses” and by growing fixed interest mortgage’s sellings up. The next CJEU’s Advocate General’s line on floor clauses could erase them and to make banking give mortgagors back their overpaid amounts for their mortgages. This decision could […]
Spanish Law on Mediation
The Spanish Real Decreto-Ley (Royal Decree-Law) 5/2012, of 5th March, on Civil and Commercial Mediation is already in force. This provision incorporates into Spanish law the Directive 2008/52/EC of the European Parliament and the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (just for the record, deadline for […]
Spain Supreme Court decision: Swiss principal has Spanish PE through its subsidiary in Spain
Tax Controversy and Dispute Resolution Alert Spain Supreme Court decision: Swiss principal has Spanish PE through its subsidiary in Spain. Read more below: https://www.internationaltaxreview.com/article/b1f7n5zmjj6xfq/spanish-supreme-court-anticipates-the-effects-of-the-beps-project
