The Gazette 1988

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.

AN OFFICE AND RETAIL DEVELOPMENT

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

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

A very attractive working environment Raised platform floors- giving complete flexibility for power, lights, computer and telecom wiring. Car parking-one space for every 700 sq.ft. of lettable area. Security-a high level of security will be provided.

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. Suites of offices from 2,200 sq.ft. will be available. Features which the development offer include :-

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