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McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'

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Post by Tony Bennett on 23.10.12 19:13

McCANNS v BENNETT - Oct 24th 2012 - Good Luck Tony!





Tomorrow, 24 October 2012, at 10.00am in the High Court, the Honourable Mr Justice Tugendhat will announce his decisions in McCanns v Bennett in response to a set of applications submitted prior to the last hearing in the case, which was on 11 October.

Carter-Ruck will be present to hear the announcement. I will not be present. I am not sure how these things work, but I think the judgment will be placed on the internet or given out to reporters e.g. from the Law Gazette, so I think others will see the ruling before I do. I think it is supplied to me electronically at some stage. If it's not been announced by the time I get it, I'll add it here.

I appear to have misunderstood one element of what was a rather complex and convoluted set of points and rulings made at the last hearing.

Mr Justice Tugendhat has simply recommended that my applications to revoke three of the 16 undertakings I gave to the court be treated as, instead, a formal application to ‘lift the stay’ on the original libel proceedings.

However, that application does NOT lift the stay.

There will be (I think) an application to ‘lift the stay’, sometime after the application to commit me to prison is heard. However, the McCanns will vigorously oppose that.

Their main (and new) legal argument, which they kindly couriered to me by Russian motorcyclist during the afternoon of 10 October (the day before the hearing)*, along with the 50-page judgment in the Frank Warren v Random House Publishing case, can be swiftly summarised like this:

‘Mr Bennett made a solemn and binding undertaking not to say certain things, for ever, equivalent to him voluntarily signing a contract. He cannot therefore get out of that contract so long as he lives’.

My counter-argument, which is no surprise to the McCanns and their advisers, is that there was such a gross inequality of arms (at the stage where the McCanns were threatening to bring a full-blown libel trial against me) that there was no valid ‘contract’.

I have suggested that the reasonableness of all the undertakings I gave should now be considered after the McCanns have, in the normal way, set out formally what words of mine they say are defamatory, and I then have a full chance to respond. My defence (again no secret) is that all my comments about the case have always been ‘honest and reasonable comment’, on the basis of all the known facts and those I have been researching. That defence is based on the 2010 Supreme Court case of Spiller v Joseph, which came out only after I signed the undertakings.

If I lose this application, there will be no libel trial.

One final point. I made a mistake in relation to one of the two quotes from the 11 October hearing that I posted before, here:

https://jillhavern.forumotion.net/t5738-mccanns-v-bennett-hearing-before-mr-justice-tugendhat-today-11-october-2012

These two quotes, which I attributed to Mr Justice Tugendhat, were:

1. "Suppose it's established that the Claimants had lied about what happened?” - and

2. “There will have to be full disclosure, witness statements, and expert evidence on the sniffer dogs…”

Both quotes were word-for-word correct.

However, in a letter to me today (23 October), Carter-Ruck have asked me to point out that it was not Mr Justice Tugendhat, but the McCanns’ own barrister, Jacob Dean, who said these words: “There will have to be full disclosure, witness statements, and expert evidence on the sniffer dogs…”

* NOTE: I have asked the judge to make a court order to ensure that in future I get more notice from Carter-Ruck of brand new legal arguments and supporting precedent than just a few hours before the hearing


+++++++++++++++++++++++++++

P.S. As always, sincere and grateful thanks to all those who continue to help and support me in all sorts of practical ways - T.B.

____________________

Dr Martin Roberts: "The evidence is that these are the pjyamas Madeleine wore on holiday in Praia da Luz. They were photographed and the photo handed to a press agency, who released it on 8 May, as the search for Madeleine continued. The McCanns held up these same pyjamas at two press conferences on 5 & 7June 2007. How could Madeleine have been abducted?"

Amelie Mcann (aged 2): "Maddie's jammies!".  

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Post by justathought on 23.10.12 19:37

Mr Bennett
Am sure you will be able to learn of the judgement on-line. number of sites which you might wish to search on. for example http://www.judiciary.gov.uk
pleased to hear you are asking for a court order to prevent further "last minute" filing of papers. the actions of CR before the last hearing were unprofessional and in many ways an act of intimidation.
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Post by garfy on 23.10.12 20:13

if there is any Justice left in this world....i have faith it will go well for you tony

you should never be having to go through this in the first place

it just goes to show ..when people keep there knowledge of wrong doing to themselves what happens

you should be praised for what you dared to achieve ...not punished

i just hope and pray that eventually some good will come from this ..after all you have been through ...to make it worthwhile

i know this post will be of little comfort ..[considering what you are going through]....but it is such a helpless feeling when there is so little else you can do but support you .....in any way possible x
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Post by Upsy Daisy on 23.10.12 20:17

best of luck Tony -my prayers are with you.

Take Care.

McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!' 160807

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Grammatical Error of The Day : It's should 'have', NOT should 'of'...... McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!' 417589
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Post by Guest on 23.10.12 20:19

You have a clear conscience, you have done no wrong but to fight for a cause that we all believe in.

Best of luck tomorrow, Tony.
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Post by Guest on 23.10.12 20:25

Yes, all the best for tomorrow Tony, although I still don't quite get what exactly is happening.McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!' 256820 I will be keeping everything crossed for you and hoping the Judge will rule in your favour. You know you have a lot of people rooting for you.

McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!' 2346296870
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Post by Guest on 23.10.12 20:29

Not everything, but my fingers crossed too.
May justice [and common sense] prevail.
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Post by bobbin on 23.10.12 20:36

Tony, your courage has put your in the firing line, but you have the strongest support here, from so many of us.
We will continue to support you whatever the outcome.
The case will not be put to rest until Justice is found for Madeleine.
The cover ups re Hillsborough and Savile have turned the newspapers and politicians, into clarion calls for stopping 'cover ups'.
Good, good luck for tomorrow.
The tide is changing and you are absolutely not alone. McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!' 725573
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Post by justme3 on 23.10.12 20:51

All that is necessary for the triumph of evil is that good men do nothing...Edmund Burke

Good luck Tony. You can't begin to understand how much I respect you. It can't be an easy time for you. We need a few more like you with the guts to take these people on. At the moment, with everything that's happened in this country, over the past few years, with the fraud, filth and lies, I am almost ashamed to say I am British.
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Post by stumo on 23.10.12 21:18

I hope truth prevails tomorrow.

Wish you all the best.
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Post by Nina on 23.10.12 21:30

Tony I am lost for words at your situation other than may your God be with you.

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Post by brilynn on 23.10.12 22:21

Although I visit this brilliant site every day,and I am so in awe of the many regular contributors.,but tomorrow is so important for Tony Bennet,I thought I,d "break the mould" to wish him and his family, a favorable result,much deserved after the strength of character he has shown in seeking Justice for Madeleine.I have supported him from day one,and always will! Good Luck Tony.(Lynn)
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Post by brilynn on 23.10.12 22:24

Meant to say this is my first ever post here(now I,ve done two!!!so another chance to wish you ALL THE VERY BEST for tomorrow Tony!! (Lynn}
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Post by littlepixie on 23.10.12 22:59

I have prayed for you Tony.
I prayed for your strength and endurance during this persecution.

It will be OK xx
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Post by Juulcy on 23.10.12 23:06

I am actually nervous.. Can only imagine what you and your family are going through.
I admire your strenght and perseverance, my hopes and thoughts are with you.
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Post by Angelique on 23.10.12 23:15

My thoughts are with you as well. I am too praying that things go well for you.

"‘Mr Bennett made a solemn and binding undertaking not to say certain things, for ever, equivalent to him voluntarily signing a contract. He cannot therefore get out of that contract so long as he lives’."

This certainly seems to me to be an example of an "unfair Contract" - would this have any bearing on this case? Can anyone undertake something for the whole of their life even if evidence to the contrary is discovered?

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Post by Nina on 23.10.12 23:23

@Angelique wrote:My thoughts are with you as well. I am too praying that things go well for you.

"‘Mr Bennett made a solemn and binding undertaking not to say certain things, for ever, equivalent to him voluntarily signing a contract. He cannot therefore get out of that contract so long as he lives’."

This certainly seems to me to be an example of an "unfair Contract" - would this have any bearing on this case? Can anyone undertake something for the whole of their life even if evidence to the contrary is discovered?

I wonder when they took the Hippocratic Oath if they had their fingers crossed?

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Post by PeterMac on 23.10.12 23:29

@justathought wrote:. . . the actions of CR before the last hearing were unprofessional and in many ways an act of intimidation.
Or to put it more bluntly. The actions were absolutely "professional". They are being paid a lot of pieces of silver to do this. Professional = being paid.
And in every way this was an act of intimidation. That is how they operate.
They are professional bullies, who boast about being the 'most feared', and the most expensive.
They are no different in that respect from the Krays and the Richardsons. They too were "feared" and "expensive to cross".
Most of their cases never go to trial.
Most of their cases are concluded before court, because the respondent simply does not have the money available to fight their corner.

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Post by Blimunda on 23.10.12 23:31

I just wish Justice to show up in court tomorrow.
It could be the first step for a changing in all this sordid affair.
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Post by RochdaleEye on 23.10.12 23:34

Good luck Mr Bennett from your friends up in Rochdale.
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Post by Tony Bennett on 23.10.12 23:49

@Angelique wrote:My thoughts are with you as well. I am too praying that things go well for you.

"‘Mr Bennett made a solemn and binding undertaking not to say certain things, for ever, equivalent to him voluntarily signing a contract. He cannot therefore get out of that contract so long as he lives’."

This certainly seems to me to be an example of an "unfair Contract" - would this have any bearing on this case? Can anyone undertake something for the whole of their life even if evidence to the contrary is discovered?
There is of course the Unfair Contract Terms Act, but I think this really only applies to consumer goods and certain commercial transactions. Whether it's unfair for example to repeat what is in a certain book (I'd better not mention the name) which has been published in Portugal, translated into 9 other languages, published in 30-odd countries, has sold over 500,000 copies, and has been cleared for publication by the two highest courts in Portugal (after vehement legal challenges by the McCanns) is more a matter, I think, for the good ol' European Court of Human Rights.

Their Article 10 maintains the right of free speech (as of course Dr Gerald McCann did on oath at Leveson), and their rulings on Article 6 certainly don't support the idea of the rich and powerful bludgeoning little folk into silence with a gross inequality of arms.


P.S. Thanks once again to all those who've taken the trouble to post tonight, thank you brilynn for popping in for a mo, thank you too 'Maurena', whoever and wherever you are, who always sends me a nice card ahead of my next court clash with the McCanns

____________________

Dr Martin Roberts: "The evidence is that these are the pjyamas Madeleine wore on holiday in Praia da Luz. They were photographed and the photo handed to a press agency, who released it on 8 May, as the search for Madeleine continued. The McCanns held up these same pyjamas at two press conferences on 5 & 7June 2007. How could Madeleine have been abducted?"

Amelie Mcann (aged 2): "Maddie's jammies!".  

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Post by bristow on 23.10.12 23:51

The best of British for you tomorrow Tony.

Let's hope sense is finally seen.
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Post by Guest on 23.10.12 23:52

Greetings and good wishes from your West Ham friends!
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Post by Guest on 23.10.12 23:53

Tony, can I ask why you will not be present tomorrow? CR are attending you say.
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Post by T4two on 23.10.12 23:56

Tony Bennet snip... 'Mr
Bennett made a solemn and binding undertaking not to say certain
things, for ever, equivalent to him voluntarily signing a contract. He
cannot therefore get out of that contract so long as he lives’
.

Unless that contract had been concluded with the express purpose of concealing a felony - which would render it null and void?
Hence IMO the significance of the question, "Suppose it's established that the claimants had lied about what happened?"
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