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Maddie libel battle to go to Human Rights Court

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Re: Maddie libel battle to go to Human Rights Court

Post by Bishop Brennan on Fri May 13, 2016 2:59 am

Bayonne wrote:Does anyone know if the Mccanns have put in their appeal yet? I read that they have 30 days to do so.

They have until June 1st to lodge the appeal. But there is then a delay before the court decides on whether to accept it or not. There is no penalty for lodging the appeal (other than the additional costs) so we should fully expect them to go this route - and to wait until the last minute to submit it. Remember, it's in their interests to drag this out as long as possible as it delays the moment they have to pay the costs.

And crucially, if they are successful in the SC, then Amaral is back to having to pay all the money and the legal costs. Appeal is therefore a certainty and many in the UK government and SY will be praying that the verdict is overturned and the whitewash put back on track.

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Re: Maddie libel battle to go to Human Rights Court

Post by BarryTheHatchet on Fri May 13, 2016 3:14 am

sandancer wrote:My heart breaks for the twins Madeleine is  a victim so are the twins. Madeleine never got a chance to live her life ,the twins must live theirs with this hanging over them .
The twins are now big enough to surf the internet, unsupervised.  Clearly they will have been raised, completely brainwashed, to believe only the party line; but even that has issues.  "Mummy and Daddy left all three of us... the bogey man could have taken us too!"  It will be interesting to see the twins' reactions as adults, to a lifetime of manipulation and being wheeled out as props.  Let alone the grief that they must suffer for the loss of their sister.  My heart bleeds for them, it really does.

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Re: Maddie libel battle to go to Human Rights Court

Post by Joss on Fri May 13, 2016 9:28 am

Bishop Brennan wrote:
Bayonne wrote:Does anyone know if the Mccanns have put in their appeal yet? I read that they have 30 days to do so.

They have until June 1st to lodge the appeal.  But there is then a delay before the court decides on whether to accept it or not.   There is no penalty for lodging the appeal (other than the additional costs) so we should fully expect them to go this route - and to wait until the last minute to submit it.  Remember, it's in their interests to drag this out as long as possible as it delays the moment they have to pay the costs.

And crucially, if they are successful in the SC, then Amaral is back to having to pay all the money and the legal costs.  Appeal is therefore a certainty and many in the UK government and SY will be praying that the verdict is overturned and the whitewash put back on track.  
BBM, I would think if the SC even accepts this appeal by the McC's to be heard in the SC, it would surely uphold the decision of the appeal court in it's recent decision and uphold every Portugese citizens right to freedom of expression & opinion, so i don't see the McC's being successful with any appeal on those points of law that were previously upheld. The law is the law after all as the three judges determined recently.

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Re: Maddie libel battle to go to Human Rights Court

Post by aquila on Fri May 13, 2016 11:01 am

It's the nature of these civil suits to continue for as long as possible. The McCanns imo will file an appeal to the Supreme Court which in true Portuguese style will take an age to decide anything and judicial holidays will also coincide. I expect nothing other than a statement to say an appeal has been lodged and in what's now almost a tradition in this suit to hear nothing until October.

This case would make a cynic out of a saint.

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Re: Maddie libel battle to go to Human Rights Court

Post by Rogue-a-Tory on Fri May 13, 2016 11:38 pm

aquila wrote:It's the nature of these civil suits to continue for as long as possible. The McCanns imo will file an appeal to the Supreme Court which in true Portuguese style will take an age to decide anything and judicial holidays will also coincide. I expect nothing other than a statement to say an appeal has been lodged and in what's now almost a tradition in this suit to hear nothing until October.

This case would make a cynic out of a saint.

St Gerald - the patron saint of cynics.

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Re: Maddie libel battle to go to Human Rights Court

Post by aiyoyo on Tue May 17, 2016 2:34 am

aquila wrote:It's the nature of these civil suits to continue for as long as possible. The McCanns imo will file an appeal to the Supreme Court which in true Portuguese style will take an age to decide anything and judicial holidays will also coincide. I expect nothing other than a statement to say an appeal has been lodged and in what's now almost a tradition in this suit to hear nothing until October.

This case would make a cynic out of a saint.

Not certain if they definitely WILL, but they definitely will TRY TO appeal, provided ID can assemble legal arguments on point of law to render its admissibility on prima facie basis.  If they persist despite having no substance arguments, just to pass through the motion because they can, it will be sheer waste of money as appeal fee doesn't come cheap. ID's hourly fee can't be cheap either.

We shall hear of it anyway even if they don't announce once the deadline is over or once they submit, whichever comes first.  Rejected or accepted, at least this bit, will be known relatively quickly I think.

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Re: Maddie libel battle to go to Human Rights Court

Post by BarryTheHatchet on Tue May 17, 2016 6:25 am

Doesn't the grounds for an appeal rest on the production of some sort of new evidence?

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Re: Maddie libel battle to go to Human Rights Court

Post by aiyoyo on Tue May 17, 2016 11:06 am

NOPE.

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Re: Maddie libel battle to go to Human Rights Court

Post by BlueBag on Tue May 17, 2016 12:18 pm

They can appeal on points of law.

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Re: Maddie libel battle to go to Human Rights Court

Post by aiyoyo on Tue May 17, 2016 12:28 pm

On the judgement and only if there's any contentious point on points of law, but not on evidence (fresh or stale).

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Re: Maddie libel battle to go to Human Rights Court

Post by Realist on Tue May 17, 2016 1:04 pm

Am I correct in assuming, aiyoya, as is the case with normal Supreme Ct. appeals,  it would be reliant upon errors in law?

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Re: Maddie libel battle to go to Human Rights Court

Post by jeanmonroe on Tue May 17, 2016 1:26 pm

There are NO 'errors' when it comes to Portuguese Constitutional 'freedom of expression' and 'free speech'

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Re: Maddie libel battle to go to Human Rights Court

Post by Realist on Tue May 17, 2016 1:49 pm

Perhaps I should rephrase 'errors in law,' Jean, Probably better terminology would be that the judge had erred in law when arriving at their decision. Would this be a legitimate basis of appeal?

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Re: Maddie libel battle to go to Human Rights Court

Post by aiyoyo on Tue May 17, 2016 2:18 pm

Realist wrote:
aiyoyo wrote:



On the judgement and only if there's any contentious point on points of law, but not on evidence (fresh or stale).

Am I correct in assuming, aiyoya, as is the case with normal Supreme Ct. appeals,  it would be reliant upon errors in law?

pretty much....
"It's a matter for Kate & Gerry's lawyer to deal with" says Clarrie...pretty much says it "The End".
ID has to come up with something...
K&G's mountain of evidence is redundant.

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Re: Maddie libel battle to go to Human Rights Court

Post by BarryTheHatchet on Tue May 17, 2016 9:48 pm

aiyoyo wrote:On the judgement and only if there's any contentious point on points of law, but not on evidence (fresh or stale).
So not the same as in the UK then.  Thanks aiyoyo.  Let's hope the Judges got it right then.

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Re: Maddie libel battle to go to Human Rights Court

Post by plebgate on Wed May 18, 2016 3:53 am

Unanimous ruling by the three appeal court judges.   Will be interesting to see what their solicitor comes up with.

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Re: Maddie libel battle to go to Human Rights Court

Post by BarryTheHatchet on Wed May 18, 2016 6:39 am

Doesn't look as though there is any wriggle room for "contentious points of law" then. big grin

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Re: Maddie libel battle to go to Human Rights Court

Post by aiyoyo on Thu May 19, 2016 6:34 am

BarryTheHatchet wrote:
Doesn't look as though there is any wriggle room for "contentious points of law" then. big grin

BTH, although it is pretty much foregone for them...I never like to count chicken before ......
There is always going to one point that lawyer will come up if lawyer is dead desperate to appease client....

And there is one...I can think of...but won't post up...for obvious reason.

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Re: Maddie libel battle to go to Human Rights Court

Post by Doug D on Wed May 25, 2016 7:53 am

Confirmation:


25 May 2016
[size=32]Appeal to the Supreme Court[/size]
 
 

An appeal to the Supreme Court has been filed by the lawyer on behalf of the McCanns. 
 
PJGA will assume the legal costs for Gonçalo Amaral, thanks to your contributions.
 
We remain confident, as always, that Justice will be served and Freedom of Speech, of Opinion and of Information will prevail.
 
PJGA at Wednesday, May 25, 2016
 
http://pjga.blogspot.co.uk/2016/05/appeal-to-supreme-court.html?m=1

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Re: Maddie libel battle to go to Human Rights Court

Post by BlueBag on Wed May 25, 2016 8:00 am

Another attack on the right to free speech.

Portugal can not cave in.

This is likely to get highly political.

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Re: Maddie libel battle to go to Human Rights Court

Post by Verdi on Wed May 25, 2016 11:43 am

Sorry folks, only just spotted this thread - so it's official !?!

@ sallpelt wrote:  Snipped to highlight:

Many observers would argue that the lawsuit instigated by the McCanns seven years ago is turning out to be more harmful and costly to them than the defendants. It has inadvertently generated publicity of a kind they least wanted and boosted book sales, but they have instructed their Lisbon lawyer, Isabel Duarte, to continue to the highest level.
Even that may not be the end of this dispute. Amaral is considering turning tables and suing the McCanns for damages.

By LEN PORT
----------


Rightly so - he is after all the only one in this battle that has so far been seriously hit financially and personally.

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Re: Maddie libel battle to go to Human Rights Court

Post by MayMuse on Wed May 25, 2016 12:49 pm

Verdi wrote:Sorry folks, only just spotted this thread - so it's official !?!

@ sallpelt wrote:  Snipped to highlight:

Many observers would argue that the lawsuit instigated by the McCanns seven years ago is turning out to be more harmful and costly to them than the defendants. It has inadvertently generated publicity of a kind they least wanted and boosted book sales, but they have instructed their Lisbon lawyer, Isabel Duarte, to continue to the highest level.
Even that may not be the end of this dispute. Amaral is considering turning tables and suing the McCanns for damages.

By LEN PORT
----------


Rightly so - he is after all the only one in this battle that has so far been seriously hit financially and personally.
Agreed! 

Do you know Verdi if the McCann's have to pay costs upfront? Or are funds held somewhere? I don't know enough about the legal aspects in court procedures but wondered how it can all go on without any fees being cleared before embarking on the next stage?

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Re: Maddie libel battle to go to Human Rights Court

Post by Verdi on Wed May 25, 2016 3:13 pm

@MayMuse wrote:  Do you know Verdi if the McCann's have to pay costs upfront? Or are funds held somewhere? I don't know enough about the legal aspects in court procedures but wondered how it can all go on without any fees being cleared before embarking on the next stage?

I haven't got the foggiest sad   Portuguese law is a total enigma to me.   I'm still in a bemused state wondering how the legal proceedings in Lisbon against Dr. Amaral, ever got off the ground in the first place.  One thing I'm fairly confident of - coughing up fees will never be a problem for Messrs McCann, inspite of the Fund being so depleted with only a notional floating £750k to play with. They can alwys rely on the centre-back for support - or the goaly if you prefer.

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Re: Maddie libel battle to go to Human Rights Court

Post by MayMuse on Wed May 25, 2016 3:31 pm

Verdi wrote:@MayMuse wrote:  Do you know Verdi if the McCann's have to pay costs upfront? Or are funds held somewhere? I don't know enough about the legal aspects in court procedures but wondered how it can all go on without any fees being cleared before embarking on the next stage?

I haven't got the foggiest sad   Portuguese law is a total enigma to me.   I'm still in a bemused state wondering how the legal proceedings in Lisbon against Dr. Amaral, ever got off the ground in the first place.  One thing I'm fairly confident of - coughing up fees will never be a problem for Messrs McCann, inspite of the Fund being so depleted with only a notional floating £750k to play with. They can alwys rely on the centre-back for support - or the goaly if you prefer.
Thanks for the reply, it is an enigma to me also. 
It is all going round in circles. 
The "plot" has been lost somewhere? eek

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Re: Maddie libel battle to go to Human Rights Court

Post by Verdi on Wed May 25, 2016 6:54 pm

One eye in the kettle and the other in the pot when I replied earlier - might have been a bit misleading.  I think I'm right in saying that costs are paid up front by both parties as and when they arise - I presume the same applies in Portugal, why else the need for Goncalo Amarals defence fund.  Whatever the outcome of the litigation, the loser pays the winners costs.  Whether or not that's negotiable I've no idea.

It's all a big game for the McCanns and their backers - they went all out to ruin Dr. Amaral in a failed attempt to permanently remove him from the scene.  Better luck next time!

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