The Gazette 1946-49

GAZETTE

JUNE 1988

r esu lt is qu i te i mpo s s i b le to

decipher mathematically; the judge

will award what he thinks fit. There

is no fixed amount, but it will

certainly be a mi n imum sum equal

to the ceiling of the compulsory

insurance limits, currently t wo

million pesetas. Again the award is

given as a lump sum w i t hout any

kind of breakdown and hence the

problem w i th an appeal. On the

whole awards for bereavement or

moral damages in Spain are higher

than in Ireland.

When the defendant is not found

guilty the victim can be awarded

damages up t o the limits of

compulsory insurance in force at

the time.

(i) On the injury side the current

statutory max imum allowable has

risen to t wo million pesetas for

incapacities and injuries since

Spain joined the EEC. The decree

law took e f f ect f r om 1 January

1987 and will be readjusted in

1988 to come into line w i th the

EEC. Special damages are also

considered for medical expenses

incurred in Spain in a hospital

recognised by the guarantee fund,

for which there is no limit. For other

medical centres there is a ceiling of

1 0 0 , 0 00 pesetas.

(ii) Awa r ds in cases of death

have doub l ed t o t w o mi l l i on

pesetas.

It is understood that if the

plaintiff wan t s, in addition to the

above, to pursue further damages

in accordance w i th common law he

will have to take his action through

the civil courts.

The limitation period

This is a very important point as it

is only one year for civil liability

cases. It is essential for an Irish

solicitor instructed on a case to

instruct a Spanish lawyer as soon

as he k nows about the accident.

The limitation varies wh en there is

a criminal file opened as it has been

interrupted by the fact that there is

a c r imi nal ac t i on under con-

sideration. However when the

decision has been taken on the

criminal side the one-year period

starts to run again from this date.

Costs

Despite some exceptions wh i ch

only affect Spanish lawyers' fees,

c o s ts are not r ecove r ab le in

addition to damages. This can be

very important in balancing t wo

aspects of the case when advising

clients. There are the heavy initial

costs of the excessive formalism of

t he Spanish p r ocedu re wh i ch

requires all evidence to be written,

authenticated by a notary public

and translated. There is also the

u n c e r t a i n ty of t he q u a n t um,

making it difficult to value claims

in advance.

•

This article first appeared in the

Law

Society's Gazette,

of 21 October, 1987 and

is reprinted with amendments with kind

permission.

( C h r i s t C h u r c h S q u a r e

AN OFFICE

AND RETAIL

DEVELOPMENT

The development is in the

"Designated Area". Financial

incentives which are available

include:-

(a) Double rent relief for

ten years

(b) 50% capital allowances

(c) Full rates remission

for ten years

The buildings are available to

lease and to purchase. An

illustrated brochure is

available on request. A model

and plans of the development

can be inspected at the offices

of the marketing agents.

n n n n r a n E i

24 St. Stephen's Green,

Dublin 2. Tel. 615222

137

This is a major commercial

development in the historic

heart of Dublin. It is well

located between the Four

Courts, the Stock Exchange

and the Central Bank.

Phase 1 contains 20,000

sq.ft.

of lettable space. S

uites of

offices from 2,200

sq.ft.

will be

available. Features

whic

h the

development offer include :-

A very attractive working

environment

Raised platform floors-

giving complete flexibility

for power, lights, computer

and telecom wiring.

Car parki

ng-on

e space for

every 700

sq.ft.

of lettable

area.

Security-a high level of

security will be provided.