Brits launch ‘landmark’ case for compensation

A British couple whose luxury villa was deemed illegal and subsequently demolished by Andalucía’s regional government in 2008 is vowing to launch landmark legal action for compensation, after Spain’s Superior Court of Justice recently ruled that their local Town Hall is responsible for paying them what might be due.
Having received the news at the end of November that a judge had declared that compensation should be sought through the courts from Vera council – which issued the villa’s original construction licence – Helen and Len Prior, both 68, instructed their lawyers to start proceedings with immediate effect.
Speaking to SUR in English this week, Helen says: “After a long wait, the Superior Court has finally ruled that the body which must pay us compensation for having our beautiful home bulldozed is Vera Town Hall, as they had issued the building permits.
“Our solicitor and barrister got to work straightaway as they are working with us for free until we win our case. We already owe them 150,000 euros so, naturally, they were keen to get moving as quickly as possible.
“Should we win our battle to get compensation, it will set a precedent for the many thousands of homeowners who have fallen foul of Andalucía’s ‘planning irregularities.’ Therefore, it really is a landmark case and I’m sure that the Spanish authorities would rather we give up. But we will never give up. We can’t. This is our home.”
Whilst the decision last month by the Superior Court of Justice is being hailed as “a step in the right direction” by the retired couple from Berkshire, Helen says the saga is far from over.
“In many ways, we’re now only just beginning the legal fight for compensation and we don’t know how long it might take to reach a conclusion.”
And what if Vera Town Hall says it hasn’t the resources to pay what a judge could rule is owed?
“That is a concern. However, we understand that the ‘ayuntamiento’ (Town Hall) owns lots of property locally so they would need to sell some. In addition, as we’re in an EU country, the council should be covered by public liability insurance,” affirms Helen.

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