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Appeal has been accepted by the Appellate Court

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Re: Appeal has been accepted by the Appellate Court

Post by Guest on 09.09.15 21:39

As we all know, parapono, it costs a great deal of money to hire lawyers.  The donated money wasn't raised specifically to defend our freedom of expression, as far as I'm aware, but to contribute to the costs of Amaral's appeal.  A worthy cause, IMO.

It reads as if you are suspicious of Amaral's appeal.  What do you regret?

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Re: Appeal has been accepted by the Appellate Court

Post by Guest on 09.09.15 21:54

Ladyinred wrote:As we all know, parapono, it costs a great deal of money to hire lawyers.  The donated money wasn't raised specifically to defend our freedom of expression, as far as I'm aware, but to contribute to the costs of Amaral's appeal.  A worthy cause, IMO.

It reads as if you are suspicious of Amaral's appeal.  What do you regret?




I regret speculations being voiced, as to the meaning of the appeal.
Thus leaving Gonçalo Amaral's position up to speculation
.
Unnecessary speculation, IMO, as PJGA knows what the appeal entails.
Up to them to explain.

Not too much to ask for, is it?


parapono

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Re: Appeal has been accepted by the Appellate Court

Post by aquila on 09.09.15 22:33

parapono wrote:
Ladyinred wrote:As we all know, parapono, it costs a great deal of money to hire lawyers.  The donated money wasn't raised specifically to defend our freedom of expression, as far as I'm aware, but to contribute to the costs of Amaral's appeal.  A worthy cause, IMO.

It reads as if you are suspicious of Amaral's appeal.  What do you regret?




I regret speculations being voiced, as to the meaning of the appeal.
Thus leaving Gonçalo Amaral's position up to speculation
.
Unnecessary speculation, IMO, as PJGA knows what the appeal entails.
Up to them to explain.

Not too much to ask for, is it?


parapono
GA's position in the appeal process is pretty clear to me. He's filed an appeal, it's been accepted and will be dealt with beginning 7th October.

I find it of far more interest as to whether the McCann's have filed an appeal/have one waiting in the wings/have the money to string things out for as long as possible due to quirks of the Portuguese law process.

Remember the McCanns turning up at the Lisbon Courthouse? Of course you do, you were there Parapono and good on you for that. Remember the Press interviews given by Madeleine's parents? The outrage of the Portuguese judicial process? The 'my son heard something the badman Goncalo said on the radio on the school bus'?

Why would the PJGA give out any information to fuel this crap?

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Re: Appeal has been accepted by the Appellate Court

Post by lj on 10.09.15 2:50

I hope PJGA plays it at close to the vest as possible. The appeal still has to be heard, so why show their cards now?

If people have trust issues they should not donate.

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http://whatreallyhappenedtomadeleinemccann.blogspot.co.uk/

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Re: Appeal has been accepted by the Appellate Court

Post by ROSA on 10.09.15 3:56

Good luck GA hope its a win win situation and you come out on top
I have always liked your avatar lj very strange words from GM is he really saying that she hurt herself in a different apartment so it was not their fault what ever hes saying doesn't make any sense as usual.

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Re: Appeal has been accepted by the Appellate Court

Post by Doug D on 10.09.15 7:53

Parapono:
 
‘Time to get the facts straight.
What was accomplished by the appeal?
How much did that cost?
What do those two scraps of paper mean?
What are the upcoming procedures?
Next date is october 7th
What will be done on that date?
How does  the donated money better the chances of Gonçalo Amaral to defend our freedom of expression?
Hired a better lawyer? Added one perhaps?
Nah, we don't know. ‘
 
Sorry, but no it’s not.
 
All we do know is that the appeal was made in good time and has now been accepted by the Court.
 
We understand that the appeal will be looked at by a panel of judges, commencing on 7th October and frankly that’s all we need to know at the moment.
 
Costs are likely to be ongoing, depending on whether the Court ask for any more information etc and if you were in Amaral’s shoes, would you want any more information than was absolutely necessary out there for CM to work on in the papers?
 
He’s already started with the ‘poor McCann’s might have to go back to Portugal’ crap and we can expect more attempts at influencing the court and public perception over the next few weeks.
 
It’s been so long anyway, what’s another month or two?

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Re: Appeal has been accepted by the Appellate Court

Post by aiyoyo on 10.09.15 9:11

@Doug D wrote:
He’s already started with the ‘poor McCann’s might have to go back to Portugal’ crap and we can expect more attempts at influencing the court and public perception over the next few weeks.
 

It wasn't Dr Amaral who said that.  CM fed that rubbish to the UK gutter press isn't it, to paint the inconvenience the anguished McCanns have to put up with because of the appeal. It's just spin, unless the press made it up.  Normally civil cases appeal are never attended by the parties involved, just solicitors arguing on papers.  

There was never a legal obligation for them to attend trial court (they requested it and tackled hurdles to obtain it) so why should there be a need for them to attend appeal court ?  Think about it.  

Legal costs isn't just about fee to lawyer, there is also court costs.
If I am not wrong, in Portugal, there is cost involved to submit an Appeal, and fee for appeal submission can be a fairly substantive amount.  I suspect the bulk of the donations will be eaten up by appeal/court costs and the rest goes to pay the solicitor.

The people fronting PJGA would be in the know of details (to a certain extent at least) pertaining to the appeal.  I support people that said better to keep things close to the chest and not to give fodders to opposition. But I also feel that since the PJGA obliged themselves to release the two relevant pages to show appeal had been filed and accepted, no harm can be done to let on basic clarification such as if execution of judgement has been stay or not, if for nothing else, at least to stop troll coming on to spin. It is worth nipping spin in the bud.

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Re: Appeal has been accepted by the Appellate Court

Post by Doug D on 10.09.15 9:47

Aiyoyo:
 
‘It wasn't Dr Amaral who said that’
 
Sorry, didn’t mean to suggest it was!  It’s clearly ‘pink spin’.

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Re: Appeal has been accepted by the Appellate Court

Post by plebgate on 10.09.15 17:04

Rocky has kept quiet throughout and I don't blame him.

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Re: Appeal has been accepted by the Appellate Court

Post by thingy on 15.09.15 16:34

nicked from facebook

 The appeal will be heard on points of law and although arguments on matters of fact are not normally permitted, this case is different. The "award" to McCanns of £357k was for alleged damages caused by Snr Amaral's book. 
The Court of Appeal and indeed the Supreme Court both determined in 2010/2011 that any and all damage the McCanns may have suffered was either to be expected in the circumstance of "losing" a child and as in the purported "invasion of privacy", wholly self inflicted. That those determinations were made in the separate injunction case is immaterial. Evidence is evidence, damage is damage and NOTHING has changed. 
The alleged damage remains the same and yet for reasons that no sane person can fathom, a judge in a lower court took it upon herself to countermand the findings and indeed logic of the Court of Appeal in finding for the McCanns.
At the time that risible decision was handed down, Goncalo was finished and in legal terms, "dead and buried" and there can be no doubt that the McCanns and the judge were fully aware that he simply could not afford to appeal it.
It's called a "fait accompli" and those responsible for it must have been tittering all the way to their 5* hotel.
Then however, a certain young lady from Birmingham came down the track and galvanised all of us good people who actually give a damn about justice for an honest man, to dig into our wallets and purses to give Goncalo a fighting chance.
The position now is quite clear. For Goncalo's appeal to fail and for the McCanns to escape what will be ruinous counter litigation, the Court of Appeal and the Supreme Court judges must all come to the conclusion that in 2010/2011, they got it wrong. 
No new evidence will be presented because there is none. 
It is however fair to say that to a man ( and woman ) all of these judges are Portuguese and are well aware of the relentless vilification of their country and it's people by not only the McCanns but the MSM who support them out of a fear not to.
What will happen when the appeal is heard ? It's not even a moot point and It is no surprise that the McCann supporters have done everything in their extremely limited power to prevent it happening. An epic fail.

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Re: Appeal has been accepted by the Appellate Court

Post by Guest on 15.09.15 17:45

@thingy wrote:nicked from facebook

 The appeal will be heard on points of law and although arguments on matters of fact are not normally permitted, this case is different. The "award" to McCanns of £357k was for alleged damages caused by Snr Amaral's book. 
The Court of Appeal and indeed the Supreme Court both determined in 2010/2011 that any and all damage the McCanns may have suffered was either to be expected in the circumstance of "losing" a child and as in the purported "invasion of privacy", wholly self inflicted. That those determinations were made in the separate injunction case is immaterial. Evidence is evidence, damage is damage and NOTHING has changed. 
The alleged damage remains the same and yet for reasons that no sane person can fathom, a judge in a lower court took it upon herself to countermand the findings and indeed logic of the Court of Appeal in finding for the McCanns.
At the time that risible decision was handed down, Goncalo was finished and in legal terms, "dead and buried" and there can be no doubt that the McCanns and the judge were fully aware that he simply could not afford to appeal it.
It's called a "fait accompli" and those responsible for it must have been tittering all the way to their 5* hotel.
Then however, a certain young lady from Birmingham came down the track and galvanised all of us good people who actually give a damn about justice for an honest man, to dig into our wallets and purses to give Goncalo a fighting chance.
The position now is quite clear. For Goncalo's appeal to fail and for the McCanns to escape what will be ruinous counter litigation, the Court of Appeal and the Supreme Court judges must all come to the conclusion that in 2010/2011, they got it wrong. 
No new evidence will be presented because there is none. 
It is however fair to say that to a man ( and woman ) all of these judges are Portuguese and are well aware of the relentless vilification of their country and it's people by not only the McCanns but the MSM who support them out of a fear not to.
What will happen when the appeal is heard ? It's not even a moot point and It is no surprise that the McCann supporters have done everything in their extremely limited power to prevent it happening. An epic fail.


Well said!

agree

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Re: Appeal has been accepted by the Appellate Court

Post by aiyoyo on 15.09.15 18:02

Thanks Thingy for posting it here.

If not for the GoFundMe hosted by the young lady, Dr. Amaral may have missed his chance to appeal, as appeal fee is pricey in Portugal, also he was time challenged to come up with the appeal cost before deadline is up.  

Lawyer fee isn't the most crucial thing then as that can be negotiated with lawyer for deferred or installment payment. 

It could well have been fait accompli for the McCanns had it not for the timely donations.  The Judge broke tradition when she inventing essay on jurisprudence to punish Amaral the way she wanted him punished.   It's unheard of for lower court judge to undo judgement of appeal court.  A judgement taken not just by one but by THREE judges to unban the book, listing reasons for the decision, also listing reasons why the un-ban cannot be counter-appealed by the plaintiffs. 

One lower court judge overturning judgement of three higher court judges is pretty darn unusual.
It makes you wonder if there's a private thing going on between the judge and Isabel Duarte.

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Re: Appeal has been accepted by the Appellate Court

Post by lj on 16.09.15 13:54

@thingy wrote:nicked from facebook

 The appeal will be heard on points of law and although arguments on matters of fact are not normally permitted, this case is different. The "award" to McCanns of £357k was for alleged damages caused by Snr Amaral's book. 
The Court of Appeal and indeed the Supreme Court both determined in 2010/2011 that any and all damage the McCanns may have suffered was either to be expected in the circumstance of "losing" a child and as in the purported "invasion of privacy", wholly self inflicted. That those determinations were made in the separate injunction case is immaterial. Evidence is evidence, damage is damage and NOTHING has changed. 
The alleged damage remains the same and yet for reasons that no sane person can fathom, a judge in a lower court took it upon herself to countermand the findings and indeed logic of the Court of Appeal in finding for the McCanns.
At the time that risible decision was handed down, Goncalo was finished and in legal terms, "dead and buried" and there can be no doubt that the McCanns and the judge were fully aware that he simply could not afford to appeal it.
It's called a "fait accompli" and those responsible for it must have been tittering all the way to their 5* hotel.
Then however, a certain young lady from Birmingham came down the track and galvanised all of us good people who actually give a damn about justice for an honest man, to dig into our wallets and purses to give Goncalo a fighting chance.
The position now is quite clear. For Goncalo's appeal to fail and for the McCanns to escape what will be ruinous counter litigation, the Court of Appeal and the Supreme Court judges must all come to the conclusion that in 2010/2011, they got it wrong. 
No new evidence will be presented because there is none. 
It is however fair to say that to a man ( and woman ) all of these judges are Portuguese and are well aware of the relentless vilification of their country and it's people by not only the McCanns but the MSM who support them out of a fear not to.
What will happen when the appeal is heard ? It's not even a moot point and It is no surprise that the McCann supporters have done everything in their extremely limited power to prevent it happening. An epic fail.

Great post Thingy!

____________________
"And if Madeleine had hurt herself inside the apartment, why would that be our fault?"  Gerry

http://pjga.blogspot.co.uk/?m=0

http://whatreallyhappenedtomadeleinemccann.blogspot.co.uk/

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Re: Appeal has been accepted by the Appellate Court

Post by woodbine on 16.09.15 16:08

@Portia wrote:
@thingy wrote:nicked from facebook

 The appeal will be heard on points of law and although arguments on matters of fact are not normally permitted, this case is different. The "award" to McCanns of £357k was for alleged damages caused by Snr Amaral's book. 
The Court of Appeal and indeed the Supreme Court both determined in 2010/2011 that any and all damage the McCanns may have suffered was either to be expected in the circumstance of "losing" a child and as in the purported "invasion of privacy", wholly self inflicted. That those determinations were made in the separate injunction case is immaterial. Evidence is evidence, damage is damage and NOTHING has changed. 
The alleged damage remains the same and yet for reasons that no sane person can fathom, a judge in a lower court took it upon herself to countermand the findings and indeed logic of the Court of Appeal in finding for the McCanns.
At the time that risible decision was handed down, Goncalo was finished and in legal terms, "dead and buried" and there can be no doubt that the McCanns and the judge were fully aware that he simply could not afford to appeal it.
It's called a "fait accompli" and those responsible for it must have been tittering all the way to their 5* hotel.
Then however, a certain young lady from Birmingham came down the track and galvanised all of us good people who actually give a damn about justice for an honest man, to dig into our wallets and purses to give Goncalo a fighting chance.
The position now is quite clear. For Goncalo's appeal to fail and for the McCanns to escape what will be ruinous counter litigation, the Court of Appeal and the Supreme Court judges must all come to the conclusion that in 2010/2011, they got it wrong. 
No new evidence will be presented because there is none. 
It is however fair to say that to a man ( and woman ) all of these judges are Portuguese and are well aware of the relentless vilification of their country and it's people by not only the McCanns but the MSM who support them out of a fear not to.
What will happen when the appeal is heard ? It's not even a moot point and It is no surprise that the McCann supporters have done everything in their extremely limited power to prevent it happening. An epic fail.


Well said!

agree

Yeah, this is all seems positive. I had convinced myself that the appeal was ultimately pointless, but this convinces me that there is a chance. Of course, the benefits to GA would be massive with a successful appeal. However, I can't shake the belief that it won't impact the Maddie case, as MSM would in no way report on a victory for GA anyway. Some other news story would appear on the exact day of the verdict, and it would be swept under the carpet. I'm always the pessimist...

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Re: Appeal has been accepted by the Appellate Court

Post by Get'emGonçalo on 16.09.15 16:27

@woodbine wrote:
@Portia wrote:
@thingy wrote:nicked from facebook

 The appeal will be heard on points of law and although arguments on matters of fact are not normally permitted, this case is different. The "award" to McCanns of £357k was for alleged damages caused by Snr Amaral's book. 
The Court of Appeal and indeed the Supreme Court both determined in 2010/2011 that any and all damage the McCanns may have suffered was either to be expected in the circumstance of "losing" a child and as in the purported "invasion of privacy", wholly self inflicted. That those determinations were made in the separate injunction case is immaterial. Evidence is evidence, damage is damage and NOTHING has changed. 
The alleged damage remains the same and yet for reasons that no sane person can fathom, a judge in a lower court took it upon herself to countermand the findings and indeed logic of the Court of Appeal in finding for the McCanns.
At the time that risible decision was handed down, Goncalo was finished and in legal terms, "dead and buried" and there can be no doubt that the McCanns and the judge were fully aware that he simply could not afford to appeal it.
It's called a "fait accompli" and those responsible for it must have been tittering all the way to their 5* hotel.
Then however, a certain young lady from Birmingham came down the track and galvanised all of us good people who actually give a damn about justice for an honest man, to dig into our wallets and purses to give Goncalo a fighting chance.
The position now is quite clear. For Goncalo's appeal to fail and for the McCanns to escape what will be ruinous counter litigation, the Court of Appeal and the Supreme Court judges must all come to the conclusion that in 2010/2011, they got it wrong. 
No new evidence will be presented because there is none. 
It is however fair to say that to a man ( and woman ) all of these judges are Portuguese and are well aware of the relentless vilification of their country and it's people by not only the McCanns but the MSM who support them out of a fear not to.
What will happen when the appeal is heard ? It's not even a moot point and It is no surprise that the McCann supporters have done everything in their extremely limited power to prevent it happening. An epic fail.


Well said!

agree

Yeah, this is all seems positive. I had convinced myself that the appeal was ultimately pointless, but this convinces me that there is a chance. Of course, the benefits to GA would be massive with a successful appeal. However, I can't shake the belief that it won't impact the Maddie case, as MSM would in no way report on a victory for GA anyway. Some other news story would appear on the exact day of the verdict, and it would be swept under the carpet. I'm always the pessimist...
Don't forget GA says he's going to start counter-suing people.

He'll get the McCann's into court one way or another.  nod

I reckon people will carry on donating to the fund to help him do that. I'm sure he'll be suing some of the UK press too so might not even need our donations once he starts getting some well-deserved compensation.

Keep the faith. It ain't over yet.

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Re: Appeal has been accepted by the Appellate Court

Post by Guest on 16.09.15 22:36

@Get'emGonçalo wrote:
@woodbine wrote:
@Portia wrote:
@thingy wrote:nicked from facebook

 The appeal will be heard on points of law and although arguments on matters of fact are not normally permitted, this case is different. The "award" to McCanns of £357k was for alleged damages caused by Snr Amaral's book. 
The Court of Appeal and indeed the Supreme Court both determined in 2010/2011 that any and all damage the McCanns may have suffered was either to be expected in the circumstance of "losing" a child and as in the purported "invasion of privacy", wholly self inflicted. That those determinations were made in the separate injunction case is immaterial. Evidence is evidence, damage is damage and NOTHING has changed. 
The alleged damage remains the same and yet for reasons that no sane person can fathom, a judge in a lower court took it upon herself to countermand the findings and indeed logic of the Court of Appeal in finding for the McCanns.
At the time that risible decision was handed down, Goncalo was finished and in legal terms, "dead and buried" and there can be no doubt that the McCanns and the judge were fully aware that he simply could not afford to appeal it.
It's called a "fait accompli" and those responsible for it must have been tittering all the way to their 5* hotel.
Then however, a certain young lady from Birmingham came down the track and galvanised all of us good people who actually give a damn about justice for an honest man, to dig into our wallets and purses to give Goncalo a fighting chance.
The position now is quite clear. For Goncalo's appeal to fail and for the McCanns to escape what will be ruinous counter litigation, the Court of Appeal and the Supreme Court judges must all come to the conclusion that in 2010/2011, they got it wrong. 
No new evidence will be presented because there is none. 
It is however fair to say that to a man ( and woman ) all of these judges are Portuguese and are well aware of the relentless vilification of their country and it's people by not only the McCanns but the MSM who support them out of a fear not to.
What will happen when the appeal is heard ? It's not even a moot point and It is no surprise that the McCann supporters have done everything in their extremely limited power to prevent it happening. An epic fail.


Well said!

agree

Yeah, this is all seems positive. I had convinced myself that the appeal was ultimately pointless, but this convinces me that there is a chance. Of course, the benefits to GA would be massive with a successful appeal. However, I can't shake the belief that it won't impact the Maddie case, as MSM would in no way report on a victory for GA anyway. Some other news story would appear on the exact day of the verdict, and it would be swept under the carpet. I'm always the pessimist...
Don't forget GA says he's going to start counter-suing people.

He'll get the McCann's into court one way or another.  nod

I reckon people will carry on donating to the fund to help him do that. I'm sure he'll be suing some of the UK press too so might not even need our donations once he starts getting some well-deserved compensation.

Keep the faith. It ain't over yet.


==========


I've said it once and I'll say it just once more. 

GA should get himself a nice little Ltd.
This Ltd should buy the rights to his claims for damages
Then he should sell the shares in the Ltd to you and to me and everybody else who's interested

Then, the courts are going to decide in his favor.
The Ltd is entitled to the money and collects it

The shareholders all benefit

End of story

Oh, I forgot; there's this on small matter keeping him from doing so: Honour

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From Portugal

Post by PeterMac on 07.10.15 10:59

Nothing momentous today, or tomorrow, or the next day
The appeal is simply some judges looking through the judgment, reading the documents and considering the arguments which have been submitted
The decision wil be given in due course and published on CITIUS
Very boring
very mundane,
very normal.

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Re: Appeal has been accepted by the Appellate Court

Post by aiyoyo on 07.10.15 15:22

Quite expected really.
Good thing there is no court sessions so the Three Judges won't have to face the mendacious couple and their witnesses bringing their theatrics nonsense.

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Re: Appeal has been accepted by the Appellate Court

Post by plebgate on 07.02.16 23:32

@PeterMac wrote:Nothing momentous today, or tomorrow, or the next day
The appeal is simply some judges looking through the judgment, reading the documents and considering the arguments which have been submitted
The decision wil be given in due course and published on CITIUS
Very boring
very mundane,
very normal.
How much longer?

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Re: Appeal has been accepted by the Appellate Court

Post by HelenMeg on 12.02.16 15:24

Yes, what on earth is taking so long to issue this verdict?

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Re: Appeal has been accepted by the Appellate Court

Post by BlueBag on 12.02.16 16:53

Politics I imagine.

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Appeal due

Post by willowthewisp on 13.02.16 10:48

@HelenMeg wrote:Yes, what on earth is taking so long to issue this verdict?
Depends on whether dodgy Dave can be persuaded(Leveson,Rebekah Brooks) to extend the funding on "Operation Grange"after April 2016, after having to inform G4S that all of their staff have had to stand down from the case,due to an heavy influence on the cost of this case,at a time of national security by Senior Officers from within the Metropolitan Police Service?
Dodgy Dave not sure as to the official Portugal PJ case will go, as they(PJ) had "learnt a valuable lesson"from putting their trust in the UK Police,FSS results and Leicstershire Police force,call me Stu Prior who quickly vacated Portugal with close associates September 2007?

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Re: Appeal has been accepted by the Appellate Court

Post by plebgate on 14.02.16 9:22

@BlueBag wrote:Politics I imagine.
Yes could well be.   Let's hope we get some news before the In/Out ref.

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Re: Appeal has been accepted by the Appellate Court

Post by melisande on 29.02.16 8:13

Is it true that the result of the appeal is due this week? I have just seen a comment to that effect on twitter. Could this be the reason for the influx of McCann stories in the media last week?

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Re: Appeal has been accepted by the Appellate Court

Post by HelenMeg on 15.03.16 13:09

I have read that results may be published in March / April...  surely must be imminent

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