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10 November 2023 / Fred Philpott
Issue: 8048 / Categories: Features , Contract
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The timeshare scene & the proper law of contract

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Fred Philpott reports on a rare but significant victory for timeshare companies under the cosh in the Spanish heat
  • Timeshare in Spain has for many decades been a significant topic in UK law.
  • Timeshare owners have sought to get out of their contracts most recently using Spanish legal proceedings.
  • The European Court has significantly reduced that opportunity.

Timeshare has been a main factor for many holidaymakers since the 1970s. It has had bad press but there have been many satisfied timeshare owners as recognised by the Office of Fair Trading report going back to 1992, Initially there was fixed timeshare whereby someone paid for one or two fixed weeks for every year in the same resort at the same apartment (which was very attractive to many people for reasons of certainty and sociability). The product moved to floating timeshare (the same resort but with different apartments or weeks as a possibility) and now points. Points are now the normal. A consumer will buy a number of points giving access, having regard to the value of the points,

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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