Re: Blacksmith - Stating The McCann's Will Settle On Amaral's Terms ........PLUS NEW ***McCanns ask for extrajudicial settlement by Joana Morais**TRIAL NOW SUSPENDED**

by **Tony Bennett** 30.01.13 0:07

Châtelaine wrote:
Tony Bennett wrote:The term 'extrajudicial settlement' is best translated into English as 'out-of-court settlement'.

By the sound of it, then, in Portuguese law just as in English law, then, a person may not withdraw a claim that has been made in the court without (a) the leave (permission) of the court and (almost invariably) (b) the agreement of the defendant(s).

In most cases, if leave of the court is granted, the claimant will have to pay the defendant's legal costs.
***
That's very clear, thank you.

Could you also explain, what exactly is the "stay" of a trial or court case? And how this "stay" can be lifted?

A 'stay' means a suspension of proceedings (slightly different from an adjournment). Usually, the proceedings are stayed...i.e. suspended, because there is an agreement of some kind, or for some other procedural reason. The proceedings are 'in suspension'.

If the 'stay' is lifted, it means that the proceedings become 'live' again. In this case, Mr Justice Tugendhat has suggested that the 'stay' be 'lifted' so that my application to revoke three of my undertakings can be heard. Otherwise, he said, my application can't be considered. The effect would be to 'reactivate' the original libel claim made by the McCanns.

I am content with that.

The McCanns oppose it vigorously

by monkey mind 30.01.13 1:42

I'm sure they do....

by Guest 30.01.13 1:49

Thanks. That's what I thought.

And, of course, they don't want to go to court. They never did [apart from the disastrous hearings in Lisbon 2 years ago] and they never will. They have a very weak case, so to speak, and cannot risk to lose. If they lose against Dr. Amaral, they will lose against you too and v.v.
You both sing from the same hymn sheet ...

ETA: IMO, of course, IMO

by margaret 01.02.13 6:19

Blacksmith has been quite prevalent of late, I've missed him this week!

by Guest 19.02.13 3:00

http://missingmadeleine.forumotion.net/t22853-no-settlement#43387

With acknowledgement to the Missing Madeleine site.

by sallypelt 19.02.13 3:12

The parents of Madeleine McCann, the British child missing in the Algarve in 2007 and Gonçalo Amaral did not reach court settlement in civil proceedings in which the former Judiciary Police inspector accused of alleged defamation. . Defense source said on Monday Lusa that "the parties have not reached agreement" and has called for "the resumption of proceedings" in 1. Civil Court of Lisbon, which will now have to schedule a new date for the beginning of trial

by Guest 19.02.13 3:15

Have started new thread on this important news.

by Guest 19.02.13 3:19

candyfloss wrote:Have started new thread on this important news.

***
Now, why do I find that excellent news ...?
Under oath in a court room ... maybe ... ?

by Guest 19.02.13 3:20

Will lock this for now so discussion can now carry on on other thread, as this case now not suspended but proceeding.

Blacksmith - Stating The McCann's Will Settle On Amaral's Terms ........PLUS NEW *McCanns ask for extrajudicial settlement by Joana MoraisTRIAL NOW SUSPENDED**

Re: Blacksmith - Stating The McCann's Will Settle On Amaral's Terms ........PLUS NEW *McCanns ask for extrajudicial settlement by Joana MoraisTRIAL NOW SUSPENDED**

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

Re: Blacksmith - Stating The McCann's Will Settle On Amaral's Terms ........PLUS NEW *McCanns ask for extrajudicial settlement by Joana MoraisTRIAL NOW SUSPENDED**

Re: Blacksmith - Stating The McCann's Will Settle On Amaral's Terms ........PLUS NEW *McCanns ask for extrajudicial settlement by Joana MoraisTRIAL NOW SUSPENDED**

Re: Blacksmith - Stating The McCann's Will Settle On Amaral's Terms ........PLUS NEW *McCanns ask for extrajudicial settlement by Joana MoraisTRIAL NOW SUSPENDED**

Re: Blacksmith - Stating The McCann's Will Settle On Amaral's Terms ........PLUS NEW *McCanns ask for extrajudicial settlement by Joana MoraisTRIAL NOW SUSPENDED**

Re: Blacksmith - Stating The McCann's Will Settle On Amaral's Terms ........PLUS NEW *McCanns ask for extrajudicial settlement by Joana MoraisTRIAL NOW SUSPENDED**

Re: Blacksmith - Stating The McCann's Will Settle On Amaral's Terms ........PLUS NEW *McCanns ask for extrajudicial settlement by Joana MoraisTRIAL NOW SUSPENDED**

Re: Blacksmith - Stating The McCann's Will Settle On Amaral's Terms ........PLUS NEW *McCanns ask for extrajudicial settlement by Joana MoraisTRIAL NOW SUSPENDED**

Re: Blacksmith - Stating The McCann's Will Settle On Amaral's Terms ........PLUS NEW *McCanns ask for extrajudicial settlement by Joana MoraisTRIAL NOW SUSPENDED**

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