Law 57/68 claims

Concept in the transference, being funding....these type of facts will be very dificult to knock down by a Bank if they try to prove their legitimate ignorance of origin and destiny of funds--- and consequent non application of law 57/68---, in cases like, as you point out  payment was made to a Bank account which is not the account refered on the contract ( if there was one)

A little bird told me that the Judge is reluctant to award full costs to winners of cases because the actual costs themselves are shown to be inappropriately high. The Law Society (or equivalent in Spain) have certain cost scales, and most of these companies want to charge huge sums of money (€10,000+) that dwarf these cost scales. The Judge is not able to grant this amount of costs. I doubt that lawyers even bother applying these costs to the case, and just take 25-30% of the winnings (plus the original few thousand €). It's very difficult to trust anyone in this murky world.

And what are judges ruling in the case where Generic Guarantor identified in contract but  no account details were specified in the contract, Maria? Where does Ley 57/68 stand in this regard in protection of offplan purchasers deposited monies?

Kind regards.

Fazarelli:

Costs calculations for Costs awards  are always according to booklets of Bar association. Rights for costs awarding are stablished by Law and Judges just apply them.

A completely different thing is what  lawyer-client has agreed when service is hired 

costaluzlawyers

saferent

takelegal

wemovetospain

Maybe the confusion has arisen because clients have assumed (or been led to believe)  that all costs are recoverable  when winning the lawsuit and any "difference" in recoverable amounts has never been clearly identified from the outset. 

One confusing ongoing aspect however is where no costs are recovered when winning the lawsuit, not even the costs according to Bar Association rights for costs. Under what legal circumstances would this arise I wonder? 

There are two different things:

1) What Client-Lawyer agree regarding the price of legal services.  This is just subject legally to free will of parties. There are minimums established by Bar associations which cannot be contravened ( by agreeing prices lower than these) as a matter of loyal competition among lawyers.

2) Legal costs, which can be imposed by Judges as part of their judgements. This is the burden which is placed on losing party to pay counterparty´s legal costs. These amounts are proposed by parties to Judge together with calculation of interes, and Judge decide. This decision can be challenged by Appeal.