Statement from the committee of The Campaign for Oppressed Libel Defendants

We have recently received confirmation of settlement in the two cases, Kate and Gerry McCann v Tony Bennett and Edward Smethurst v Tony Bennett.

The original costs claims against Mr Bennett required him to pay £370,000 and £52,713 in settlement of the McCann case and the Smethurst case respectively.

There are also additional expenses, including legal fees, incurred by Mr Bennett as a result of the actions brought against him.

We are pleased to you inform you that as a result of negotiation both these costs have been reduced substantially, by 93% in the McCann case and 86% in the Smethurst case.

This means that the total Mr Bennett has had to pay in defending both claims is £37,500, to be paid as follows:

£2,500 was paid early 2012 as settlement of the damages claim by Edward Smethurst.

£12,500 costs payable immediately as full and final settlement of the costs claim by the McCanns (no damages are payable to them)

£7,500 costs payable immediately as full and final settlement of the costs claim by the Edward Smethurst.

The balance of the McCanns’ claim (£15,000) is payable by Mr Bennett by way of monthly instalments of £125 for the next 10 years.

Further details can be found in a statement issued by Mr Bennett, this is re-produced below.

The committee of COLD have agreed to assist Mr Bennett by:

1. Helping him to recover some of the costs already expended.
2. Ensuring that his monthly repayments of £125 are met.
3. If funding levels are sufficient, negotiate a deal to pay off the debt as early as possible.


The amounts required are evidently much less than first anticipated and it is possible that donations from those wishing to utilise COLD purely to assist Mr Bennett could be in excess of what is required. In order to ensure that this problem does not arise, the committee have agreed to monitor the fund very closely, on a monthly or quarterly basis, depending on the level of funding. We then intend to keep supporters up to date with regular reports on how the funding is going, what funds are required in the future and when funding for Mr Bennett should cease.

In the unlikely event that funding will be in excess of requirements, we intend to ensure that this is kept to a minimum. Should the situation arise, we will liaise with our members and supporters as to their preference as to how those funds may be used. Some early proposals include:

1. Left in COLD for use in future cases
2. Donation to Goncalo Amaral
3. Donation to charity
4. Other


The committee of COLD would like to take this opportunity to thank you all for your support and your generosity.

The Committee of COLD





by Admin, 3 May 2013

Tony Bennett has given me the following details about a settlement he has recently reached with both the McCanns and Edward Smethurst. This includes a copy of a High Court Consent Order which sets out the precise terms of the settlement.

The main details are:

McCanns v Tony Bennett

1. Tony is required to formally withdraw his application, made on 20 February 2012, to vary three of the 16 Undertakings he gave to the Court and the McCanns in November 2009 - and he has already done so by a letter to the High Court.

2. Tony appealed to the Court of Appeal on 13 March 2013, as he had every right to, against the judgments of Mr Justice Tugendhat in the High Court made on 21 February 2013. His appeal was accepted and registered as appeal No. A2/2013/0684 and was due to be listed for a hearing - but Tony has been asked to withdraw that appeal and has now done so.

3. In return, the McCanns have agreed to reduce their overall costs claim against Tony by 93%. They have reduced their claim against Tony from a total of around £370,000 to £27,500.

4. Tony has now paid an initial £12,500 required by the McCanns and agreed to pay the remaining balance (of £15,000) by monthly payments of at least £125 per calendar month for the next 10 years, i.e. until he is 75½.

5. In addition, Tony must pay a further £47,500 to the McCanns, should either of the following occur:

a. he breaches any of the 16 undertakings, or

b. he fails to keep to his monthly payment agreement.

6. Mr Justice Tugendhat’s sentence of a 3-month prison term, suspended for one year, remains in place, so Tony can be immediately sent to Pentonville Prison if the High Court finds he has breached any of his 16 undertakings (before 21 February 2014).


Edward Smethurst v Tony Bennett

1. Tony had already paid the sum of £2,500 into the Find Madeleine Fund in early 2012 in full and final settlement of Edward Smethurst’s libel damages claim.

2. Edward Smethurst agreed that if a settlement were to be agreed in the McCanns v Bennett matter, he would reduce his costs claim from the original amount claimed, namely £52,713.26, to £7,500 - a reduction of 86%.

To summarise:

In exchange for the McCanns and Edward Smethurst reducing their combined costs claim against him from a total of around £420,000, to £35,000 - a 92% reduction overall - Tony has been required to:

* Withdraw his appeal against Mr Justice Tugendhat’s judgment,

* Withdraw his application to vary three of the 16 different undertakings he gave to the McCanns and the High Court in November 2009,

* Agree to be bound for life by the 16 undertakings he gave to the Court and the McCanns in November 2009, and

* Agree to make no further Application either to lift the stay on the McCanns’ original Libel Claim. or to vary or
discharge any of the undertakings he gave in November 2009.



Further details including the court order can be found here: https://jillhavern.forumotion.net/t6951-tony-bennett-announcement-of-settlement-between-mccanns-and-edward-smethurst

The website for C O L D is down. Any news please as to why?

sharonl wrote:

3. If funding levels are sufficient, negotiate a deal to pay off the debt as early as possible.

I'd make them wait. There's going to come a time when Mr Bennett can counter-sue them.

No Fate Worse Than De'Ath wrote:The website for C O L D is down. Any news please as to why?

Could I ask the same question please about the Madeleine Foundation website?

No Fate Worse Than De'Ath wrote:

No Fate Worse Than De'Ath wrote:The website for C O L D is down. Any news please as to why?

Could I ask the same question please about the Madeleine Foundation website?

I've tried both, still down!

Sickening and Outrageous that they did this to Mr Bennett, and I hope there comes a time when he can sue them! 
Hope they enjoy "living of the fat" in Madeleine's name. 
IMO