McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
The Complete Mystery of Madeleine McCann™ :: Legal Issues :: Carter-Ruck: McCanns v Bennett Contempt of Court
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McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
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.
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 McCann (aged 2): "Maddie's jammies!".
Tony Bennett- Researcher
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Re: McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
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.
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.
justathought- Posts : 141
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Re: McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
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
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
garfy- Posts : 187
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Re: McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
best of luck Tony -my prayers are with you.
Take Care.
Take Care.
____________________
Grammatical Error of The Day : It's should 'have', NOT should 'of'......
Upsy Daisy- Posts : 437
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Re: McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
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.
Best of luck tomorrow, Tony.
Guest- Guest
Re: McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
Yes, all the best for tomorrow Tony, although I still don't quite get what exactly is happening. 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.
Guest- Guest
Re: McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
Not everything, but my fingers crossed too.
May justice [and common sense] prevail.
May justice [and common sense] prevail.
Guest- Guest
Re: McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
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.
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.
bobbin- Posts : 2053
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Re: McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
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.
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.
justme3- Posts : 154
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Re: McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
I hope truth prevails tomorrow.
Wish you all the best.
Wish you all the best.
stumo- Posts : 153
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Re: McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
Tony I am lost for words at your situation other than may your God be with you.
____________________
Not one more cent from me.
Nina- Posts : 2862
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McCaans v Bennett:Judgement
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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McCaans v Bennett:Judgement
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}
brilynn- Posts : 19
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Re: McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
I have prayed for you Tony.
I prayed for your strength and endurance during this persecution.
It will be OK xx
I prayed for your strength and endurance during this persecution.
It will be OK xx
littlepixie- Posts : 1346
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Re: McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
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.
Juliette
I admire your strenght and perseverance, my hopes and thoughts are with you.
Juliette
Guest- Guest
Re: McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
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?
"‘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?
____________________
Things aren't always what they seem
Angelique- Posts : 1396
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Re: McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
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?
____________________
Not one more cent from me.
Nina- Posts : 2862
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Re: McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
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.justathought wrote:. . . the actions of CR before the last hearing were unprofessional and in many ways an act of intimidation.
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.
Re: McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
I just wish Justice to show up in court tomorrow.
It could be the first step for a changing in all this sordid affair.
It could be the first step for a changing in all this sordid affair.
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Re: McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
Good luck Mr Bennett from your friends up in Rochdale.
RochdaleEye- Posts : 17
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Re: McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
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.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?
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 McCann (aged 2): "Maddie's jammies!".
Tony Bennett- Researcher
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Re: McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
The best of British for you tomorrow Tony.
Let's hope sense is finally seen.
Let's hope sense is finally seen.
bristow- Posts : 823
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Re: McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
Greetings and good wishes from your West Ham friends!
Guest- Guest
Re: McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
Tony, can I ask why you will not be present tomorrow? CR are attending you say.
Guest- Guest
Re: McCanns v Bennett: JUDGMENT today (24 October) VIDEO added 'Good Luck Tony!'
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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