ILP Abogados
Madrid · Internacional

PRACTICE AREAS

Civil Litigation

Over 5,000 cases. We take a methodical approach to litigation.

We handle commercial and civil litigation for businesses, ranging from claims for payment and contractual and corporate disputes to interim measures such as preventive attachment, the enforcement of judgements and instruments, arbitration and tenancy matters. We have handled over 5,000 cases and approach each litigation matter by analysing its viability, rather than acting on impulse. In accordance with Organic Law 1/2025, we also prepare the mandatory pre-claim settlement procedure (MASC) and turn it into a genuine opportunity for out-of-court recovery. We represent our clients before the courts of first instance, the provincial courts and the Supreme Court.

Our Approach · The case is planned before the claim is filed

A legal case does not begin when the claim is filed: it begins when the decision is made as to whether it is worth filing it. Having handled over 5,000 civil and commercial cases, we know that cases are won — or lost — during the preliminary analysis: the available evidence, limitation periods, the debtor’s actual solvency and the relationship between the amount claimed and the cost of pursuing the claim. That honest assessment is the first thing the client receives, even if the conclusion is that it is not in their best interests to go to court.

Organic Law 1/2025 has changed the rules governing civil proceedings: before bringing a claim, it is mandatory to demonstrate that an attempt has been made to use an appropriate means of dispute resolution (MASC) — negotiation, mediation, conciliation or other means. For many law firms, this is a mere formality; for us, it is a strategic phase. We prepare the ADR proposal with the same rigour as we would a claim: a proposal that the other party takes seriously precisely because they know that, if no agreement is reached, litigation will follow. Many cases are resolved at this stage, without ever reaching court.

And when litigation is required, we litigate: interim measures to secure the outcome from day one, technical management of the trial, appeals before provincial courts and the Supreme Court, and enforcement through to actual recovery — because a favourable judgement that is not enforced solves nothing. The same team that files the claim sees the case through to the end: including asset seizures, asset tracing and third-party claims.

5.000+

Civil and commercial proceedings handled

MASC

Mandatory prior negotiation (Organic Law 1/2025) incorporated into the strategy

Ejecución

From court judgements, arbitral awards and extrajudicial instruments to debt recovery

SERVICES

What we do

Commercial and corporate litigation

Challenges to company resolutions, actions for directors’ liability, disputes between shareholders — right of withdrawal, tag-along and drag-along clauses —, unfair competition and industrial property.

Claims for payment

Summary proceedings, bill of exchange proceedings, ordinary proceedings and oral proceedings. Recovery of outstanding debts and debt portfolio management, selecting the quickest and least costly legal route in each case.

Interim measures

Precautionary attachment, a preventive note of claim and other measures provided for in Article 721 et seq. of the LEC to secure the outcome of the proceedings prior to the judgment. Application, opposition and security.

Enforcement and attachment

Enforcement of judgments, arbitral awards and extrajudicial instruments: enforcement proceedings, asset tracing, attachment of assets and defence in third-party proceedings concerning ownership and superior rights.

Arbitration and Negotiation (MASC)

National and international arbitration proceedings, enforcement of awards and interim measures in support of arbitration. Design and accreditation of mandatory MASC, mediation and settlement agreements.

Leases and contracts

Evictions and rent claims, termination of contracts for breach — including the doctrine of fundamental breach —, set-off and contractual liability between companies.

METHOD

How we work

1

Feasibility analysis

We assess the evidence, the claim and the debtor’s ability to pay. We’ll tell you frankly whether the case is worth pursuing — and if it isn’t, we’ll tell you that too.

2

MASC and negotiation

We comply with the requirements of Organic Law 1/2025 through a well-founded and thoroughly documented proposal. The best case is one that is settled out of court; the second-best is one that goes to court well prepared.

3

Claim and trial

A written procedural strategy, interim measures where necessary to safeguard the outcome, and technical management of the hearing. No procedures on autopilot.

4

Enforcement until payment is received

The judgement is not the end goal: recovery is. Enforcement proceedings, attachments, asset tracing and appeals, with up-to-date information on the status of the case.

EXPERIENCE

Proven track record

5.000+

Civil and commercial proceedings handled

MASC

Mandatory prior negotiation (Organic Law 1/2025) incorporated into the strategy

Ejecución

From court judgements, arbitral awards and extrajudicial instruments to debt recovery

Drafting of claims, defences, appeals and procedural submissions. Representation before courts of first instance, provincial courts and the Supreme Court, as well as before national and international arbitration tribunals. Over 5,000 civil and commercial cases handled — and a blog where we analyse in detail the areas in which we litigate: joinder of proceedings, directors’ liability, res judicata and breach of a final judgement. The best way to see how we work is to read our blog.

FREQUENTLY ASKED QUESTIONS

What clients ask before engaging us

How long does a civil trial take?

It depends on the workload of the relevant court and the complexity of the case, and varies considerably between judicial districts — which is why we do not promise deadlines that are beyond our control. What we do control is: choosing the most efficient procedural route (an uncontested payment order is settled much sooner than an ordinary claim), submitting documents free from errors that might trigger requests for clarification, and ensuring no part of the process is allowed to lapse. During your initial consultation, we’ll give you a realistic timeframe for your specific case.

What is the mandatory MASC procedure before bringing a claim?

Under Organic Law 1/2025, in civil proceedings it is mandatory to provide evidence that an appropriate means of dispute resolution (negotiation, mediation, conciliation, binding offer, etc.) has been attempted before filing a claim: without such evidence, the claim will not be accepted. We incorporate this into our strategy: we prepare the attempt in such a way that it provides reliable evidence for procedural purposes and, furthermore, offers a genuine opportunity to recover the debt without going to court.

Can I seize assets before a judgement has been made?

Yes, through interim measures: the LEC allows for an application to be made for the preventive attachment of the defendant’s assets to ensure that the judgement can be enforced. It is necessary to demonstrate a prima facie case and a risk of delay, and normally to provide security. If properly brought, the interim measure changes the course of the proceedings: a debtor who sees their assets frozen negotiates differently. We analyse on a case-by-case basis whether it is advisable to apply for it and to what extent.

Someone owes me money. What options do I have?

Firstly, assess the debtor’s creditworthiness: the aim is to recover the debt, not merely to win the case. Next, choose the appropriate procedure: a documented out-of-court claim (which also serves as a MASC), a payment order procedure if the debt is documented, a bill of exchange proceedings if there is a promissory note or bill of exchange, or ordinary/oral proceedings in all other cases. If you already have a judgement or other enforceable title, the next step is direct enforcement. During the initial consultation, we map out the entire process, with estimated costs provided before we begin.

How much does it cost to go to court? What about legal costs?

We provide a written estimate of our fees before commencing any work, based on an agreed structure. As regards costs, the Civil Procedure Act (LEC) follows the ‘loser pays’ principle: as a general rule, the losing party is ordered to pay the other party’s costs — which means that if you win, you can recover a significant portion of the costs of the proceedings, and that this risk also acts as a deterrent to the opposing party. We factor this into our feasibility analysis from day one.

I won the case, but the person found guilty isn’t paying. What now?

The enforcement phase begins: an enforcement order is issued against the debtor, an asset tracing procedure is carried out through the court, and accounts, claims, vehicles and property are seized, with an auction held if necessary. If a third party claims that the seized assets belong to them, the attachment is contested in third-party proceedings. This is a technical stage in which diligence makes the difference between a judgement being enforced and a framed piece of paper.

Is arbitration or a court case better?

It depends on the contract and the dispute. Arbitration offers specialist expertise, confidentiality and a final and binding award, enforceable in the same way as a court judgement; in return, it involves its own costs and requires an arbitration agreement. Court proceedings allow for appeals and do not require a prior agreement. We litigate in both forums — including the enforcement of awards and interim measures in support of arbitration — so we will advise you based on strategy, not on a preference for one forum over the other.

Do you need advice on civil litigation?

Over 5,000 civil and commercial cases handled. We provide a frank assessment of your case’s prospects. Initial consultation with no obligation.

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