The Complete Mystery of Madeleine McCann™
Welcome to 'The Complete Mystery of Madeleine McCann' forum 🌹

Please log in, or register to view all the forums as some of them are 'members only', then settle in and help us get to the truth about what really happened to Madeleine Beth McCann.

When you register please do NOT use your email address for a username because everyone will be able to see it!

McCann v Bennett: Court documents in the case can be made public Mm11

McCann v Bennett: Court documents in the case can be made public Regist10

McCann v Bennett: Court documents in the case can be made public

View previous topic View next topic Go down

McCann v Bennett: Court documents in the case can be made public Empty McCann v Bennett: Court documents in the case can be made public

Post by Tony Bennett on 03.11.12 8:16

A ruling this week by Mr Justice Eady in a libel case against the Sun newspaper means that I will be free to publish any of my documents and evidence in McCanns v Bennett.

The same doesn't apply to Smethurst v Bennett, though, since the day before he issued his libel claim in the High Court, he obtained, ex parte (in secret), a draconian court order forbidding anyone to reproduce any of the documents in the case without a court order, i.e. without the judge giving consent. That does not, however, restrict me or anyone else from publishing facts about or relating to Smethurst.

Anyway, here is the Eady ruling, kindly sent to me by a forum member here:

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


The right of journalists to report court documents without fear of being sued for libel has been upheld by the High Court after it struck out a libel claim against The Sun brought a pair of asylum seekers.

The pair sued The Sun for £850,000 in libel damages over a story it ran saying they were seeking a massive payout to take their children on holiday.

Afham Ismail and his wife Bibi sued over story the newspaper ran in July last year which was based on documents filed with the courts in a "discrimination" action they were seeking to bring against the UK Border Agency (UKBA).

The story, headlined "Asylum seekers: Pay for us to have a hol", said the couple were demanding a £100,000 payout, arguing that their two children had been deprived of their rights to have enough books, toys, food and holidays, and said they also wanted an extra £50 a week in handouts, as they could not live on benefits of £181 a week.

Mr Justice Eady gave the newspaper summary judgment in a decision handed down yesterday.

The judge said the couple, who assessed the worth of their claim at £850,000, believed they had been unjustly treated.

But they had not sufficiently taken into account the latitude which had long been permitted under English law for reports of court proceedings.

The content of the article was based on the pleadings in the UKBA case - which was struck out in April - and most of the elements comprising the article were reflected in those documents.

Privilege attached to "a fair and accurate copy of or extract from any register or other document required by law to be open to public inspection" by virtue of section 15 and Schedule 1, Part 1 of the Defamation Act 1996, the judge said.

"Minor errors will not undermine such a defence. The headline was of course intended to be punchy and eye-catching.

"The basic facts were given a 'tabloid tweak', in the sense that the passing reference to 'holidays' had been rather buried away as part of a more general illustration of the family's limited circumstances; they were not actually 'demanding a £100,000 payment - so they can take their two kids on holiday'. But I do not regard such a gloss as falling outside the permitted leeway."

Granting summary judgment to News Group Newspapers, he said that, overall, there was no allegation in the article which would not be capable of being defended by way of justification or fair comment on the basis of the case pleaded in the UKBA case.

____________________

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!".  

Tony Bennett
Tony Bennett
Researcher

Posts : 15592
Join date : 2009-11-25
Age : 72
Location : Shropshire

Back to top Go down

McCann v Bennett: Court documents in the case can be made public Empty Re: McCann v Bennett: Court documents in the case can be made public

Post by roy rovers on 03.11.12 18:51

Looking forward to a good read. I suspect this case won't make it to court anyway. Expect a door of court offer. Too damaging. I for one would be happy to send a 'tenner' to help with the scanning costs etc. to see your case on line.
roy rovers
roy rovers

Posts : 473
Join date : 2012-03-04

Back to top Go down

McCann v Bennett: Court documents in the case can be made public Empty Re: McCann v Bennett: Court documents in the case can be made public

Post by Guest on 03.11.12 20:37

@roy rovers wrote:Looking forward to a good read. I suspect this case won't make it to court anyway. Expect a door of court offer. Too damaging. I for one would be happy to send a 'tenner' to help with the scanning costs etc. to see your case on line.



I suspect that was their idea right from the start. I believe the Mccanns like to use scaremongering tactics particularly when assisted by the strong arm of a notorious bunch of 'play dirty' libel lawyers. The last thing they want is to be forced into a court room, especially if they are likely to be asked some very awkward questions regarding their petit sojourn in PDL. It seems to me that they have to prolong these out of court battles until the 'problem' is crushed to the ground by the powerful very expensive libel lawyers, the 'problem' then agrees to an out of court settlement having been severely compromised by crippling libel laws and lawyers.

Who said all's fair?
Anonymous
Guest
Guest


Back to top Go down

McCann v Bennett: Court documents in the case can be made public Empty Re: McCann v Bennett: Court documents in the case can be made public

Post by Guest on 03.11.12 20:40

Tony, I'm not sure of the relevance or not to your case of the ruling you've posted, but if I were in your position I wouldn't do a thing without checking with the court and/or the Justices first McCann v Bennett: Court documents in the case can be made public 172348
Anonymous
Guest
Guest


Back to top Go down

McCann v Bennett: Court documents in the case can be made public Empty Re: McCann v Bennett: Court documents in the case can be made public

Post by roy rovers on 03.11.12 21:24

They might make you an offer sooner rather than later with a condition that you don't publish. You might already suspect this. Best of luck whichever way it goes.
roy rovers
roy rovers

Posts : 473
Join date : 2012-03-04

Back to top Go down

McCann v Bennett: Court documents in the case can be made public Empty Re: McCann v Bennett: Court documents in the case can be made public

Post by Tony Bennett on 04.11.12 9:44

tcat wrote:Tony, I'm not sure of the relevance or not to your case of the ruling you've posted, but if I were in your position I wouldn't do a thing without checking with the court and/or the Justices first McCann v Bennett: Court documents in the case can be made public 172348
That's very good advice, which I shall take; however, all open proceedings (as these are) in the High Court are fully recorded, and transcripts can be ordered via various secretarial agencies, and, in addition, all the written pleadings and written evidence in concluded proceedings may be inspected by third parties and published. No doubt that is why the McCanns' co-ordinating lawyer, Edward Smethurst, was so quick to get an ex-parte order which banned anyone (except wtih a judge's perrmisison) from seeing the court documents I provided during the proceedings

____________________

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!".  

Tony Bennett
Tony Bennett
Researcher

Posts : 15592
Join date : 2009-11-25
Age : 72
Location : Shropshire

Back to top Go down

McCann v Bennett: Court documents in the case can be made public Empty Re: McCann v Bennett: Court documents in the case can be made public

Post by krisy22 on 04.11.12 10:26

@roy rovers wrote:They might make you an offer sooner rather than later with a condition that you don't publish. You might already suspect this. Best of luck whichever way it goes.





Best of lucky Tony ...you have my greatest admirationMcCann v Bennett: Court documents in the case can be made public 351181
krisy22
krisy22

Posts : 63
Join date : 2010-12-30

Back to top Go down

McCann v Bennett: Court documents in the case can be made public Empty Re: McCann v Bennett: Court documents in the case can be made public

Post by ShuBob on 04.11.12 15:51

@Tony Bennett wrote:
tcat wrote:Tony, I'm not sure of the relevance or not to your case of the ruling you've posted, but if I were in your position I wouldn't do a thing without checking with the court and/or the Justices first McCann v Bennett: Court documents in the case can be made public 172348
That's very good advice, which I shall take; however, all open proceedings (as these are) in the High Court are fully recorded, and transcripts can be ordered via various secretarial agencies, and, in addition, all the written pleadings and written evidence in concluded proceedings may be inspected by third parties and published. No doubt that is why the McCanns' co-ordinating lawyer, Edward Smethurst, was so quick to get an ex-parte order which banned anyone (except wtih a judge's perrmisison) from seeing the court documents I provided during the proceedings

Tony, you may already have addressed this point though I haven't seen it but can the McCanns also do what Smethurst did and apply to get an ex-parte order or has time for doing so elapsed? Also, with regards to Smethurst, are there any conditions attached to his order or can, say, anyone with an interest in the case apply to the judge and s/he's obligated to release the transcripts? Thanks.
avatar
ShuBob

Posts : 1896
Join date : 2012-02-07

Back to top Go down

McCann v Bennett: Court documents in the case can be made public Empty Re: McCann v Bennett: Court documents in the case can be made public

Post by Tony Bennett on 04.11.12 16:28

@ShuBob wrote:
@Tony Bennett wrote:
tcat wrote:Tony, I'm not sure of the relevance or not to your case of the ruling you've posted, but if I were in your position I wouldn't do a thing without checking with the court and/or the Justices first McCann v Bennett: Court documents in the case can be made public 172348
That's very good advice, which I shall take; however, all open proceedings (as these are) in the High Court are fully recorded, and transcripts can be ordered via various secretarial agencies, and, in addition, all the written pleadings and written evidence in concluded proceedings may be inspected by third parties and published. No doubt that is why the McCanns' co-ordinating lawyer, Edward Smethurst, was so quick to get an ex-parte order which banned anyone (except wtih a judge's perrmisison) from seeing the court documents I provided during the proceedings

Tony, you may already have addressed this point though I haven't seen it but can the McCanns also do what Smethurst did and apply to get an ex-parte order or has time for doing so elapsed?

I think this is very unlikely, though I think it is not too late. However, if you look at Dr Kate McCann's book, 'madeleine', and various other statements made by the McCanns and their PR advisers, they keep on emphasising how 'open' and 'transparent' they are - and that the facts of the case speak for themselves etc. etc. - so they would look pretty stupid, if not utter hypocrites, to suddenly start trying to ban publication of all the detail I've given in my two lengthy affdavits and all their attachments.

Also, with regards to Smethurst, are there any conditions attached to his order or can, say, anyone with an interest in the case apply to the judge and s/he's obligated to release the transcripts? Thanks.

Third parties can apply to look at the court file, but would need a very good reason. Smethurst's case is quite different from the McCanns in that there was some quite sensitive material in there.

____________________

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!".  

Tony Bennett
Tony Bennett
Researcher

Posts : 15592
Join date : 2009-11-25
Age : 72
Location : Shropshire

Back to top Go down

McCann v Bennett: Court documents in the case can be made public Empty Re: McCann v Bennett: Court documents in the case can be made public

Post by ShuBob on 04.11.12 16:44

Thanks Tony for your reply but it would appear you've forgotten how shamelessly hypocritical the McCanns are. Remember how they initially claimed the fund would be transparent and they won't spend any of it on legal fees? I certainly won't be surprised if they apply for ex-parte order.
avatar
ShuBob

Posts : 1896
Join date : 2012-02-07

Back to top Go down

McCann v Bennett: Court documents in the case can be made public Empty Re: McCann v Bennett: Court documents in the case can be made public

Post by wjk on 04.11.12 18:40

@krisy22 wrote:Best of lucky Tony ...you have my greatest admirationMcCann v Bennett: Court documents in the case can be made public 351181

I'd just like to second what krisy has said. The very best of luck with your case against the McCanns.
wjk
wjk

Posts : 131
Join date : 2012-11-04

Back to top Go down

McCann v Bennett: Court documents in the case can be made public Empty Re: McCann v Bennett: Court documents in the case can be made public

Post by Guest on 04.11.12 19:33

@Tony Bennett wrote:
tcat wrote:Tony, I'm not sure of the relevance or not to your case of the ruling you've posted, but if I were in your position I wouldn't do a thing without checking with the court and/or the Justices first McCann v Bennett: Court documents in the case can be made public 172348
That's very good advice, which I shall take; however, all open proceedings (as these are) in the High Court are fully recorded, and transcripts can be ordered via various secretarial agencies, and, in addition, all the written pleadings and written evidence in concluded proceedings may be inspected by third parties and published. No doubt that is why the McCanns' co-ordinating lawyer, Edward Smethurst, was so quick to get an ex-parte order which banned anyone (except wtih a judge's perrmisison) from seeing the court documents I provided during the proceedings
I think there might be a difference between informing journalists about your case, and releasing paperwork to the whole public, Tony. I can see why you might want journalists to know more about what your case is actually about, but I'd be cautious McCann v Bennett: Court documents in the case can be made public 636506 I'd be cautious about believing anything journalists might tell you too, or lawyers connected to newspapers - we know they can't be trusted. I'd only trust the Court.
Anonymous
Guest
Guest


Back to top Go down

McCann v Bennett: Court documents in the case can be made public Empty Re: McCann v Bennett: Court documents in the case can be made public

Post by Guest on 04.11.12 19:51

tcat wrote:
@Tony Bennett wrote:
tcat wrote:Tony, I'm not sure of the relevance or not to your case of the ruling you've posted, but if I were in your position I wouldn't do a thing without checking with the court and/or the Justices first McCann v Bennett: Court documents in the case can be made public 172348
That's very good advice, which I shall take; however, all open proceedings (as these are) in the High Court are fully recorded, and transcripts can be ordered via various secretarial agencies, and, in addition, all the written pleadings and written evidence in concluded proceedings may be inspected by third parties and published. No doubt that is why the McCanns' co-ordinating lawyer, Edward Smethurst, was so quick to get an ex-parte order which banned anyone (except wtih a judge's perrmisison) from seeing the court documents I provided during the proceedings
I think there might be a difference between informing journalists about your case, and releasing paperwork to the whole public, Tony. I can see why you might want journalists to know more about what your case is actually about, but I'd be cautious McCann v Bennett: Court documents in the case can be made public 636506 I'd be cautious about believing anything journalists might tell you too, or lawyers connected to newspapers - we know they can't be trusted. I'd only trust the Court.

I firmly support your stance; just read Judge Tugendhats very wise decision.

DO NOTHING TO ADVERSE THE COURT

After all, why should you?

Bravado? Hey, come on!
Aren't we a bit beyond that?
Anonymous
Guest
Guest


Back to top Go down

McCann v Bennett: Court documents in the case can be made public Empty Re: McCann v Bennett: Court documents in the case can be made public

Post by Guest on 04.11.12 19:59

Well spoken, Portia!
Sound advice, which I second.

parapono
Anonymous
Guest
Guest


Back to top Go down

McCann v Bennett: Court documents in the case can be made public Empty Re: McCann v Bennett: Court documents in the case can be made public

Post by david_uk on 06.11.12 10:30

I've always been of the mind that the Mccanns never expected it to go this far! I doubt they want another court case. Look at the video of Gerry outside the courts in PDL after the last ruling in the GA v Mccanns case.! The guy appears furious! , this is the same footage where he keeps referring to his own daughter as if its someone elses child , very odd.

____________________
“Oh, what a tangled web we weave...when first we practice to deceive.”
Walter Scott, Marmion
david_uk
david_uk

Posts : 320
Join date : 2012-01-20

Back to top Go down

View previous topic View next topic Back to top


 
Permissions in this forum:
You cannot reply to topics in this forum