LEGAL BLOW Maddie McCann’s parents Kate & Gerry told to reach ‘friendly’ settlement with disgraced ex-detective due to case backlog

Oh Trace is back on the case..

LEGAL BLOW Maddie McCann’s parents Kate & Gerry told to reach ‘friendly’ settlement with disgraced ex-detective due to case backlog

   Tracey KandohlaBritta Zeltmann

   27 Mar 2021, 8:00Updated: 27 Mar 2021, 13:56

MADELEINE McCann's parents have been asked to reach a “friendly settlement” in their legal row over a book, it has been reported.

The European Court Of Human Rights is said to have urged Kate and Gerry McCann to come to an agreement due to a backlog of cases.

The parents sued ex-detective Goncalo Amaral after he accused them in his book of covering up their missing daughter Madeleine’s Algarve death in 2007.

The pair, of Rothley, Leics, won their case, but later lost an appeal by him.

They are now suing Portugal, claiming that the decision was wrong.

A friend said of the ECHR plea: “It’s an extraordinary request.”  

Mr Amaral led the investigation into Maddie's disappearance but later resigned after accusing British police officers of not fully cooperating with the Portuguese investigation.

He released his book, The Truth Of The Lie, three days after the case was closed in 2008.

The book alleges Maddie, who went missing while on holiday in Prai da Luz in 2007, died and Kate and Gerry McCann covered it up.

And Amaral later took part in a documentary for Portuguese television in which he claimed that Madeleine was dead, there had been no abduction and the McCanns had hidden her body.

In 2015, Goncalo Amaral was ordered to pay 500,000 euro (£429,000) in compensation to Kate and Gerry McCann by a Lisbon court over the claims.

They argued on the grounds the claim was not substantiated by the evidence and was defamatory.

But the decision was overturned following an appeal in 2016 and when the McCanns took the case to Portugal's Supreme Court, it ruled against them.

The McCanns were said to be "extremely disappointed" by the decision at the time.

And they went to the ECHR in a final effort to avoid paying Amaral £750,000 in compensation after accusing him of libel.

A source close to them said: “If Goncalo Amaral continues to make these outrageous claims then he will find he has a tough fight on his hands.

“Kate and Gerry are not going to let him get away with what he said about them.”

The libel case, which saw sales of Mr Amaral's book banned for six years, reportedly left the ex-detective close to financial ruin.

And he was previously thought to be planning a second book on the case, which he thought "would sell well in Britain."

But back in 2017, a family spokesman for the McCanns, Clarence Mitchell, warned: "If Mr Amaral's current book about Madeleine or any new one he may be planning to write is published here in the UK, Kate and Gerry's lawyers will take immediate action.

"He needs to know lawyers are watching."

Mr Mitchell added: "If he thinks his old or new book will appear here he'll have another think coming.

"If that's his intention whoever is responsible will be sued.

"Carter-Ruck will have no hesitation issuing a writ for defamation."

https://www.thesun.co.uk/news/14472108/madeleine-mccann-parents-friendly-settlement/

A source close to them said: “If Goncalo Amaral continues to make these outrageous claims then he will find he has a tough fight on his hands.

“Kate and Gerry are not going to let him get away with what he said about them.”

Cor blimey, the gloves are off! Throw down the gauntlet -let battle commence.

The Sun wrote:LEGAL BLOW Maddie McCann’s parents Kate & Gerry told to reach ‘friendly’ settlement with disgraced ex-detective due to case backlog

I don't think Ms Kandohla quite understands the mechanics of the European Court of Human Rights.

Verdi wrote:

The Sun wrote:LEGAL BLOW Maddie McCann’s parents Kate & Gerry told to reach ‘friendly’ settlement with disgraced ex-detective due to case backlog

I don't think Ms Kandohla quite understands the mechanics of the European Court of Human Rights.

There seems to be a lot that Ms Kandohla doesn't grasp.

In short, this case has been thrown out of court and they have to pay Snr Amaral.  

Carte O'Muck are not above Supreme Courts or ECHR Tracey.

I suspect that the Mccanns and their lawyer Ricardo Correia Afonso do not fully understand the mechanisms of the ECHR.
As I have posted in the thread McCanns and the ECHR they have quoted legal precedents = decided cases, which speak directly AGAINST their arguments.
For those not familiar with how it works, a difficult case will be decided by the first court, then appealed, and ultimately taken for a final decision to the Supreme Court of the country concerned, or in this case even to the ECHR.
By that time the actual 'facts' do not really matter.  The Supreme Court and the ECHR are being asked to state the underlying Legal Principle to be applied.

So in Rylands v Fletcher the facts involved a leakage of water from an artificial reservoir into a mine.
But the legal principle decided by the House of Lords was that anyone who brings anything onto land is strictly liable if it escapes and causes harm.   And that therefore applies to water, chemicals, wolves and lions !

In the cases quoted by the McCanns – Axel Springer, Bédat v Switzerland, von Hannover, Allen v UK – we need to look at the rationale (the ratio decidendi) behind the decision to find the underlying principle.
And I submit that in each of those case the principle is against them.

I also find it "unlikely" that the ECHR would urge anyone to reach a friendly settlement.
Unlikely, being a Mandarin euphemism for ***** !

[Gonçalo's new book is awaiting publication]

For once this SUN article has no comments available.
Probably just as well.   The intricacies of appeals to the ECHR probably needs an 
intelligence slightly larger than the Shoe Size IQs required of Sun readers (and journalists)

"Reaching a friendly settlement" between the McCanns and the State of Portugal is so "ludicrous"
as to defy parody.
But I'll try:
Portugal agrees to say that its constitution is totally wrong, and to undertake to re-write it according 
to the demands of the McCanns, who will assist in the re-drafting.
Portugal further admits, without reservation, that the Supreme Court is full of idiots, who will be sent
for remedial training.   (McCann & Healy International Legal Training, Inc. has agreed to provide the necessary
resources at a cost of €20.8m over the next 5 years)

IN RESPONSE
The McCanns undertake to cease and desist in their long campaign of vilification against Portugal, and
further to correct any derogatory and libellous stories about the alleged incompetence of the Portuguese law enforcement agencies and its
officers.

Also interesting is that so far as I can see, NOT ONE OTHER TABLOID has churned this article.  (So far !)

Perhaps even they recognise it for what it is.