This goes back to my posting about this on another thread – I feel the Marbella court is too close and a precedent will have to be set. However no lower judge wants to deal with it and this way it will get refered higher up
I know Maria del Castro said about the law being a civil code (statute) as opposed to common law (precedent) but I think this is being tried internally.
Also if in one case the developer bought land with project and license that they bought in good faith and beleived to be correct, then why should they be held culpable as opposed to the developer who actively knew what he was doing.
Very complex and will run and run meethinks