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Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by Joss on 01.02.15 15:16

LombardySkeptic, Perhaps more of the WOC issue will be revealed as the damages trial gets closer to being finalised. I certainly hope for Goncalo Amaral there is an end in sight soon so that he can move on in his life.

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Re: Ward of Court: Dmeecision issued by Judge in Libel Trial June 1st 2014

Post by G-Unit on 01.02.15 17:49

On 17th May 2007, fourteen days after Madeleine went missing, her parents applied to the High Court for a disclosure order enabling them to force people to give their solicitors any information they may have;

'which might assist in identifying Madeleine’s whereabouts'



One of those on whom the order was served was Leicestershire Constabulary, who refused to turn over the evidence they had. Their grounds for refusing were to guard the confidentiality of British investigations and to avoid breaking Portugese secrecy laws. On 2nd April 2008 the McCann's solicitors returned to the High Court and asked for clarification. A hearing date of 7th July 2008 was set, and Madeleine McCann was made a WOC (on 2/4/08, doesn't say why). Meanwhile LP offered some evidence (81 pieces) and the Portugese PJ were expected to release their evidence, so the McCanns withdrew the previous application. In addition the disclosure order was amended and no longer applies to law enforcement agencies.

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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by Joss on 02.02.15 8:20

@G-Unit wrote:On 17th May 2007, fourteen days after Madeleine went missing, her parents applied to the High Court for a disclosure order enabling them to force people to give their solicitors any information they may have;

'which might assist in identifying Madeleine’s whereabouts'



One of those on whom the order was served was Leicestershire Constabulary, who refused to turn over the evidence they had. Their grounds for refusing were to guard the confidentiality of British investigations and to avoid breaking Portugese secrecy laws. On 2nd April 2008 the McCann's solicitors returned to the High Court and asked for clarification. A hearing date of 7th July 2008 was set, and Madeleine McCann was made a WOC (on 2/4/08, doesn't say why). Meanwhile LP offered some evidence (81 pieces) and the Portugese PJ were expected to release their evidence, so the McCanns withdrew the previous application. In addition the disclosure order was amended and no longer applies to law enforcement agencies.

But Mr and Mrs McCann, who retain the services of a Spanish-based detective agency, are anxious to make sure that every possible lead has been checked out, which they believe the Portuguese police, whose investigation is gradually being wound down, may not be able to do.
The Telegraph can also disclose that Madeleine was made a ward of court last summer at the request of the McCanns, to empower judges to act in her best interests in any legal dispute such as the case which is about to be heard.
Clarence Mitchell, the McCanns’ spokesman, said: “I can state that on the instigation of Gerry and Kate McCann Madeleine is a ward of the High Court of England and Wales.

“An application has been made on Madeleine’s behalf by her parents for disclosure of certain documents. The hearing is currently scheduled for July 7 in the High Court in London.
“It has been the stated intention of Gerry and Kate McCann to leave no stone unturned in doing everything necessary to search for their daughter, as would any parent.
“This application is just part of their search for Madeleine.”
Madeleine’s status as a ward of court has never been disclosed by her parents, who quietly made a wardship application in the High Court just weeks after she went missing.
The couple’s legal team had advised them to ask for Madeleine to be made a ward of court because wardship status gives the courts certain statutory powers to act on her behalf in legal disputes such as the one which has arisen with Leicestershire police.
They still believe their daughter is alive and hope the police files may contain information which could yet lead to a breakthrough.
The case is listed to be heard in open court on July 7 in the Family Division of the High Court in London, and is expected to be contested by Leicestershire Police, according to legal sources.
http://www.telegraph.co.uk/news/newstopics/madeleinemccann/2164743/Madeleine-McCann-parents-court-bid-for-information.html

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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by Joss on 02.02.15 8:24

It is my opinion the McC's in making Madeleine a WOC was some kind of fishing expedition for information on the police investigation.

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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by G-Unit on 02.02.15 9:15

I find it amazing that just 14 days after Madeleine's disappearance the parents were applying to the High Court for the means to demand information from the police here and in Portugal. As has been said before, Madeleine could have been found (dead or alive) at any time. The judge didn't find it unusual though.

As I understand it, the WOC was done in April 2008, probably to give the court the power to act for Madeleine at the hearing in July 2008. It was all definately driven by the McCann's desire to know what evidence the police or anyone else had gathered.

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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by jeanmonroe on 02.02.15 13:05

The Telegraph can also disclose that Madeleine was made a ward of court last summer at the request of the McCanns, to empower judges to act in her best interests in any legal dispute such as the case which is about to be heard.
----------------------------------------------

to EMPOWER judges TO "ACT" in her best interests in any legal dispute such as the case which is about to be heard.

"IN ANY LEGAL 'DISPUTE'"

"SUCH as 'THE (book 'ban'/ 'libel') CASE' which is about to be heard" (2009?)

And THAT, as they 'say', is THAT!

Perhaps the McCann's should have taken Justice Hogg, with them to Portugal, as a "HEARSAY" 'witness' at their 'damages' claim 'trial'!

I'm sure that Madeleine's 'fund' finances could have 'run to' financing a 'stay' at a Lisbon 5* for her!

It DID for the McCann's, didn't it?

(Also, Madeleine's 'search' 'fund, financed all their "HEARSAY" 'witnesses travel +' to Portugal! to testify on their 'behalf')

Anyone know how did their TRUTHFUL witnesses, "HEARSAY" 'testimonies' come across, in the Lisbon courtroom, btw?  laughat

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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by Guest on 02.02.15 13:25

I have finally understood the purpose of the WOC.  So the McCanns were, within a few weeks of (or most likely before) their daughter's reported disappearance, already planning for future legal action.  IMO.
Thanks, jeanmonroe.

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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by LombardySkeptik on 02.02.15 13:27

Of course it is possible that the Court appointed guardians did not think that pursuing damages from GA was in their ward's best interest

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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by G-Unit on 02.02.15 13:53

Ladyinred wrote:I have finally understood the purpose of the WOC.  So the McCanns were, within a few weeks of (or most likely before) their daughter's reported disappearance, already planning for future legal action.  IMO.
Thanks, jeanmonroe.
On 17th May 2007, fourteen days after Madeleine went missing, her parents applied to the High Court for a disclosure order enabling them to force people to give their solicitors any information they may have;

'which might assist in identifying Madeleine’s whereabouts'



More good discussion on this thread; 

Re: Ward of Court information for Madeleine Beth McCann

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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by jeanmonroe on 02.02.15 14:00

@LombardySkeptik wrote:Of course it is possible that the Court appointed guardians did not think that pursuing damages from GA was in their ward's best interest

Madeleine's 'best interest'?

I might remind everyone that, by her parent's 'action' in the book 'ban' case, which they LOST (twice) Madeleine, by way of 'inclusion' in that 'writ', BY her own PARENTS, is ALREADY 'liable' to pay her 'share' of the 'costs' for losing the 'claim'!

And, just for good measure, so are the twins 'liable' for 'costs' awarded AGAINST them!!

No 'pocket money' for them, for many, many, years then!

Thx 'mum and dad'!

REF:

At the judicial circuit of Lisbon Kate Marie Healey McCann, Gerald Patrick McCann, Madeleine Beth McCann, Sean Michael McCann and Amelie Eve McCann

Have filed an unspecified injunction against::

Gonçalo de Sousa Amaral, Guerra e Paz, Editores, SA VC – Valentim de Carvalho – Filmes, Audiovisuais, SA and TVI – Televisão Independente, SA -
---------------------------------------------------------------

III – Decision

In harmony with what is written above, under the terms of the cited dispositions, the Judges at this Appeals Court declare the validity of the appeal filed by defendant Dr. Gonçalo Amaral, and the sentence of the Court a quo is revoked, its disposition replaced by the following:

"The injunction is deemed not valid because it was not proved. Furthermore we deliberate that we do not acknowledge the rest of the appeals"

"Costs to be paid, by the appellants*.

"COSTS, to be PAID......."

THE *appellants ARE G&K McCann, Madeleine, Sean and Amelie McCann.

Lisbon and Appeals Court, 14.10.2010

http://madeleinemccann.org/blog/2014/04/20/appeals-court-lifts-ban-on-amarals-book/#sthash.waRy2I71.dpuf

THX , MUM and DAD!

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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by LombardySkeptik on 02.02.15 14:22

@jeanmonroe wrote:
@LombardySkeptik wrote:Of course it is possible that the Court appointed guardians did not think that pursuing damages from GA was in their ward's best interest

Madeleine's 'best interest'?

I might remind everyone that, by her parent's 'action' in the book 'ban' case, which they LOST (twice) Madeleine, by way of 'inclusion' in that 'writ', BY her own PARENTS, is ALREADY 'liable' to pay her 'share' of the 'costs' for losing the 'claim'!

And, just for good measure, so are the twins 'liable' for 'costs' awarded AGAINST them!!

No 'pocket money' for them, for many, many, years then!

Thx 'mum and dad'!

Again I do not think the court would have allowed Madeleine to act as a co-plaintiff in that case - but happy to be directed to a source that states otherwise

The twins as minors are not themselves liable for costs as such, though of course they would suffer financially

I do however agree completely with your sentiments

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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by ultimaThule on 05.02.15 23:44

Portugal Newswatch

Reflections on current affairs in Portugal by journalist and author Len Port.
Thursday, February 5, 2015
McCanns vs Amaral verdict nearing
The verdict in Kate and Gerry McCann’s civil action against the former lead detective Gonçalo Amaral may come sooner than expected because of a recent behind-the-scenes development in the long-drawn-out case.
The question of whether or not Kate and Gerry McCann are legally entitled to represent their daughter Madeleine in their claim for damages has taken a significant step closer to being resolved, according to a source close to the process.
Madeleine was made a ward of court in the UK in April 2008. In January last year, Amaral argued in Lisbon’s Palace of Justice that because Madeleine was still a ward of court the McCanns did not have the legal right to represent her in their Lisbon lawsuit against him and three other parties.
The Lisbon judge, Emília Melo e Castro, gave Madeleine’s parents the opportunity to obtain appropriate documentation about the ward of court matter from the British High Court.
The McCanns had a 30-day set period in which to present this. They did so without delay and much earlier than expected. The documentation was presented to the Lisbon court through the couple’s lawyers on 23 January. None of the defence lawyers has or is expected to raise any objections.
So it is now up to the Lisbon judge to decide the relatively straightforward matter of whether the documentation attests to the McCanns’ right to represent Madeleine. When this is settled, the trial is expected to move towards its last formal exchanges and then, finally, sooner than most people had anticipated, perhaps next month, a verdict.
The McCanns are seeking €1.2 million in damages for the severe distress they say has been caused to them by Amaral’s book, A Verdade da Mentira (‘The Truth of the Lie’), and a subsequent documentary.
The judge’s recent summary of the main points in the case that had been proved or not proved left Amaral and his supporters optimistic about the eventual outcome.
Amaral said this week that he was hoping for an acquittal and the lifting of financial difficulties that have burdened him since the McCanns decided to sue five years ago.






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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by IKNOWWHATHAPPENED on 08.02.15 10:16

After a person has been missing for 7 years, English courts can declare death by absentia. April 2015 marks 7 years since Madeline was made WoC.

Would this account for the McCanns rushing WoC paperwork over to Portugal ?

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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by Casey5 on 08.02.15 10:35

@IKNOWWHATHAPPENED wrote:After a person has been missing for 7 years, English courts can declare death by absentia. April 2015 marks 7 years since Madeline was made WoC.

Would this account for the McCanns rushing WoC paperwork over to Portugal ?
After seven years relatives of a missing person can petition the court to declare death but is usually done so financial loose ends can be tied up.
As far as I'm aware it wouldn't normally happen with a child because there would be no point really and the relatives would always hope the child would, in fact, still be alive.
Goncalo Amaral requested our Court provide paperwork showing that the McCanns could, in fact, legally act for Madeleine even though she was a Ward of Court.

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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by Doug D on 08.02.15 11:00

IKWH:
 
‘Would this account for the McCanns rushing WoC paperwork over to Portugal?’
 
Hardly ‘rushing’!
 
The Mc’s were made aware of this requirement on 1st June 2014 and Amaral had first questioned the legality of them acting for MM back in January 2014.
 
‘After that hearing is completed, the proceedings will be suspended for 30 days. During that period, Madeleine’s parents “shall arrange for the collection and documentation in the records of the British Court’s authorization for the bringing of this action on behalf of the minor Madeleine McCann”. If they fail to do so, the defendants will be “acquitted of the proceedings concerning the requests that have been formulated on behalf of the latter”.
 
although I could never quite work out why the judge gave them 30 days from the date of the next hearing (which was originally scheduled for 16th June 2014), rather than just giving them 30 days and telling them to pull their fingers out.

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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by Guest on 08.02.15 11:14

@Doug D wrote:IKWH:
 
‘Would this account for the McCanns rushing WoC paperwork over to Portugal?’
 
Hardly ‘rushing’!
 
The Mc’s were made aware of this requirement on 1st June 2014 and Amaral had first questioned the legality of them acting for MM back in January 2014.
 
‘After that hearing is completed, the proceedings will be suspended for 30 days. During that period, Madeleine’s parents “shall arrange for the collection and documentation in the records of the British Court’s authorization for the bringing of this action on behalf of the minor Madeleine McCann”. If they fail to do so, the defendants will be “acquitted of the proceedings concerning the requests that have been formulated on behalf of the latter”.
 
although I could never quite work out why the judge gave them 30 days from the date of the next hearing (which was originally scheduled for 16th June 2014), rather than just giving them 30 days and telling them to pull their fingers out.
Because the hearing wasn't completed until Jan 21st 2015,the Judge then suspended the case.

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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by Doug D on 09.02.15 7:42

Sorry WMD, but my point was that they were aware of the WoC issue last year, yet did nothing about it till now.
 
I do not understand why they were given 30 days starting from the last court date, rather than from 16th June 2014, when it was a technical issue that had nothing to do with the actual case against Amaral, other than how many claims they could make against him and there was no reason that this could not have been sorted out months ago.

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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by Ashwarya on 09.02.15 7:48

Maybe they have had the decision since it was first requested, but for some reason didn't want to hand it over immediately.

They may have calculated that they have no choice now, so decided to get it over with even before the 30 days were up.

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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by Guest on 09.02.15 8:27

@Doug D wrote:Sorry WMD, but my point was that they were aware of the WoC issue last year, yet did nothing about it till now.
 
I do not understand why they were given 30 days starting from the last court date, rather than from 16th June 2014, when it was a technical issue that had nothing to do with the actual case against Amaral, other than how many claims they could make against him and there was no reason that this could not have been sorted out months ago.
Ah! my apologies also,why the delay from them? delaying once again,some one wanting another to be miserable and feel fear.

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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by HelenMeg on 17.02.15 10:39

We should be hearing fairly imminently from Lisbon re outcome ? When I say imminently I mean within 2 - 4 weeks? nod
I dont think there will be any progress on other areas until that outcome emerges

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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by SuspiciousMinds on 21.02.15 11:55

The 30 days was up yesterday. So now what...?

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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by aquila on 21.02.15 11:58

@SuspiciousMinds wrote:The 30 days was up yesterday. So now what...?
I suspect another convenient point of law/spanner in the works will be produced.

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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by Guest on 21.02.15 12:07

@aquila wrote:
@SuspiciousMinds wrote:The 30 days was up yesterday. So now what...?
I suspect another convenient point of law/spanner in the works will be produced.
Not sure to be honest,is any one? any how the WOC documents were handed into the court on the 23rd Jan,so that would not be an issue any more would it,the lawyer's were then given 10 days to argue legal points of law over the initial findings after this the verdict will be considered and delivered,now do the 10 days start after the 30 days in which the Judge gave the McCanns to hand over the WOC docs or does the 10 days start after they were handed in.From the link posted earlier the verdict could come any time now.
http://algarvenewswatch.blogspot.nl/2015/02/mccanns-vs-amaral-verdict-nearing.html?spref=tw
The McCanns had a 30-day set period in which to present this. They did so without delay and much earlier than expected. The documentation was presented to the Lisbon court through the couple’s lawyers on 23 January. None of the defence lawyers has or is expected to raise any objections.
So it is now up to the Lisbon judge to decide the relatively straightforward matter of whether the documentation attests to the McCanns’ right to represent Madeleine. When this is settled, the trial is expected to move towards its last formal exchanges and then, finally, sooner than most people had anticipated, perhaps next month, a verdict.

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Re: Ward of Court: Decision issued by Judge in Libel Trial June 1st 2014

Post by ultimaThule on 23.02.15 4:28

@Doug D wrote:Sorry WMD, but my point was that they were aware of the WoC issue last year, yet did nothing about it till now.
 
I do not understand why they were given 30 days starting from the last court date, rather than from 16th June 2014, when it was a technical issue that had nothing to do with the actual case against Amaral, other than how many claims they could make against him and there was no reason that this could not have been sorted out months ago.

The last hearing was scheduled to take place on 10th July 2014.

Had the Judge been aware that the last hearing wouldn't take place until January 2015 I suspect she would have varied her order, Doug, but I agree that the McCanns should have been required to produce the relevant documentation within 30 days from 16 June 2014.

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