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

jay2001 wrote:I thought Dr A was virtually destitute and his life has been shattered by team mc so why would he back out now? What's he got to lose?

I pray justice prevails and the truth will out. Dr A has lost everything and has been pursued with a vengeance.

What happened to the proceeds of his book?

Portia wrote:

Inspectorfrost wrote:

Châtelaine wrote:

ed1976 wrote:[...]
the answer is yes, they would settle if they believe that Amaral has no funds to pay any damages or legal costs. Amaral would settle to avoid bankruptcy.

***
Rubbish, IMO
They don't want to, never did, go to court and have to testify.
IMO, again.
They've blocked all of his assets since YEARS.
To avoid that there wouldn't be any assets if they'd win.
This must be a different kind of settlement ...

Precisely.

They cannot risk Dr Amaral calling SY as witnesses. It's as simple as that.

So they must have offered him to withdraw their case, release his assets and pay his legal expenses, on condition that he waive all present and future claims against them and keeps mum about the deal.

That's the way these things are done.

If thats the case we can expect them to drop their case against Tony.

Hmmm...makes one wonder what operation Grange might have found that backs Amaral, possibly. And judging by the released funds, and having LOST two cases against Amaral already, it is evident they are not to meet the costs and compensation that were coming their way.

Although they are too cowardly to actually go to court in person, they cannot risk it as there is no chance of success.

It is also a matter of PR IMHO. Two separate people in court within a couple of weeks, and they called off the search themselves in March? Pffff. The public wouldn't be standing for that.

IMO it's getting to the question as to who is going to throw who under the bus ...

Perhaps, Gerry pulled out meaning Kate would have had to go it alone. This wouldn't have looked good. It makes no sense pulling out NOW when they could have done so earlier and I believe it is the McCanns who are backing out.

I cannot see Snr Amaral agreeing to a proposal that stops him from proving to all that what he has been saying is the truth. It's not just the money, he really wants to break them.

But equally, I can't see him offering the McCanns anything. Why should he?

That doesn't mean that the next few weeks won't be very interesting.

I find it difficult to give this rumour any more credence than Coldwater's deserved in the end.

espeland wrote:I cannot see Snr Amaral agreeing to a proposal that stops him from proving to all that what he has been saying is the truth. It's not just the money, he really wants to break them.

But equally, I can't see him offering the McCanns anything. Why should he?

That doesn't mean that the next few weeks won't be very interesting.

I find it difficult to give this rumour any more credence than Coldwater's deserved in the end.

Not a rumour espeland the trial has been suspended/postponed whilst negotiations take place. See post earlier on with Portuguese article copied and pasted.

What are the chances of the McCanns stringing this out for the six months duration before they settle?

Portia wrote:

Inspectorfrost wrote:

Châtelaine wrote:

ed1976 wrote:[...]
the answer is yes, they would settle if they believe that Amaral has no funds to pay any damages or legal costs. Amaral would settle to avoid bankruptcy.

***
Rubbish, IMO
They don't want to, never did, go to court and have to testify.
IMO, again.
They've blocked all of his assets since YEARS.
To avoid that there wouldn't be any assets if they'd win.
This must be a different kind of settlement ...

Precisely.

They cannot risk Dr Amaral calling SY as witnesses. It's as simple as that.

So they must have offered him to withdraw their case, release his assets and pay his legal expenses, on condition that he waive all present and future claims against them and keeps mum about the deal.

That's the way these things are done.

That's the way these things are done alright but there’s no way the McCanns would want to settle out of court in favour of GA before Tony’s case is dealt with here. They wouldn’t want to arm him with that little beauty.

Even if BS is right, this has quite some way to be dragged out methinks.

ShuBob wrote:What are the chances of the McCanns stringing this out for the six months duration before they settle?

Everycance!

Given the bizarre restrictions around freedom of speech in this case, I think we have all become a little paranoid.

I agree with a previous poster - Blacksmith is always been a darn good read, and led us to look at other aspects of this case. Anyway, please correct me if I am wrong, but didn't one of yesterday's articles say that there are several contributors to the Blacksmiths Bureau?

Regarding his, Kate is as mad as a box of frogs musings,it may be he has gone this far, because certain 'gags' have been lifted - possibly as a term of the settlement - which I don't think we know yet? Perhaps Blacksmith does, and feels that he can now write freely?

Portia wrote:

Inspectorfrost wrote:

Châtelaine wrote:

ed1976 wrote:[...]
the answer is yes, they would settle if they believe that Amaral has no funds to pay any damages or legal costs. Amaral would settle to avoid bankruptcy.

***
Rubbish, IMO
They don't want to, never did, go to court and have to testify.
IMO, again.
They've blocked all of his assets since YEARS.
To avoid that there wouldn't be any assets if they'd win.
This must be a different kind of settlement ...

Precisely.

They cannot risk Dr Amaral calling SY as witnesses. It's as simple as that.

So they must have offered him to withdraw their case, release his assets and pay his legal expenses, on condition that he waive all present and future claims against them and keeps mum about the deal.

That's the way these things are done.

Well I hope he says no.

ed1976 wrote:

Portia wrote:

Inspectorfrost wrote:

Châtelaine wrote:

ed1976 wrote:[...]
the answer is yes, they would settle if they believe that Amaral has no funds to pay any damages or legal costs. Amaral would settle to avoid bankruptcy.

***
Rubbish, IMO
They don't want to, never did, go to court and have to testify.
IMO, again.
They've blocked all of his assets since YEARS.
To avoid that there wouldn't be any assets if they'd win.
This must be a different kind of settlement ...

Precisely.

They cannot risk Dr Amaral calling SY as witnesses. It's as simple as that.

So they must have offered him to withdraw their case, release his assets and pay his legal expenses, on condition that he waive all present and future claims against them and keeps mum about the deal.

That's the way these things are done.

If thats the case we can expect them to drop their case against Tony.

I cannot see GA agreeing to any sort of settlement that would leave him 'gagged.'. For him, I believe, it has always been about honour and reputation, and besides, there was way too much water under the bridge.

As an aside, if they have dropped the case against GA, they will almost certainly drop the case against Tony. We don't know yet what the SY review has brought to light.

At the moment we can only wait and see who is the first to call a press conference.....

Cristobell wrote:

Regarding his, Kate is as mad as a box of frogs musings,it may be he has gone this far, because certain 'gags' have been lifted - possibly as a term of the settlement - which I don't think we know yet? Perhaps Blacksmith does, and feels that he can now write freely?

That doesn't make sense. Since when was BS gagged? In any case its not the first time he has attached epithets to KM

Inspectorfrost wrote:

Cristobell wrote:

Regarding his, Kate is as mad as a box of frogs musings,it may be he has gone this far, because certain 'gags' have been lifted - possibly as a term of the settlement - which I don't think we know yet? Perhaps Blacksmith does, and feels that he can now write freely?

That doesn't make sense. Since when was BS gagged? In any case its not the first time he has attached epithets to KM

I think we have all felt gagged in this case. I personally found Blacksmith's recent article, much more forthright than those I have read in the past. And I am sure the 'settling' of this libel case will lead to a collective sigh of relief from all corners.

As an old legal secretary, my experience was that settlements are usually done immediately. Usually at the door of the Court. I think this will be an interesting weekend newswise.

The wheels of justice turn slowly but i didnt know it was this f*****g slow.ok through this case i did

The McCs are taking Amaral to court,why would they need to settle? surely they could just withdraw the claim?
...all will be revealed soon enough i suppose

saltnpepper wrote:The wheels of justice turn slowly but i didnt know it was this f*****g slow.ok through this case i did

The McCs are taking Amaral to court,why would they need to settle? surely they could just withdraw the claim?
...all will be revealed soon enough i suppose

Yes, I presume they could, but there would still have to be a settlement reached, because they started the action, therefore making Mr Amaral incur huge lawyer costs etc., to defend himself. I don't know, but I would have thought if you bring such an expensive action, and suddenly decide to not go ahead, then you would be liable for the costs of the other party, not to mention valuable time and suffering.

Cristobell wrote:

Inspectorfrost wrote:

Cristobell wrote:

Regarding his, Kate is as mad as a box of frogs musings,it may be he has gone this far, because certain 'gags' have been lifted - possibly as a term of the settlement - which I don't think we know yet? Perhaps Blacksmith does, and feels that he can now write freely?

That doesn't make sense. Since when was BS gagged? In any case its not the first time he has attached epithets to KM

I think we have all felt gagged in this case. I personally found Blacksmith's recent article, much more forthright than those I have read in the past. And I am sure the 'settling' of this libel case will lead to a collective sigh of relief from all corners.

I am sure BS never felt gagged as a load of other bloggers didn't but you might have a point though I'm sure its nothing at all to do withany settlement specifics, if they exist at all, or any settlement, if I was Mr A I wouldn't even open the door

saltnpepper wrote:The wheels of justice turn slowly but i didnt know it was this f*****g slow.ok through this case i did

The McCs are taking Amaral to court,why would they need to settle? surely they could just withdraw the claim?
...all will be revealed soon enough i suppose

Exactly the same thing happened when the Beckhams sued NoTW following the Rebecca Loos affair. When NoTW announced they were going to call Loos as a witness in their defence, the Beckhams withdrew the case and paid the newspaper's costs

Ok,thanks candyfloss,its a given they pay his costs,didnt think of the suffering,family break up,stress etc
He could possibly help Tony in this settlement?

It seems the official find madeleine website webmaster is not on duty




Graham Perry Google Alert-Madeleine-Jill Havern-EXPOSE THIS WOMAN-(I didn't bother to open this- The LAST CONFIRMED LOCATION of the child believed to be Madeleine ...
The Complete Mystery of Madeleine McCann™. Kate McCann's lawyer Carlos Pinto de AbreuIf you were Portuguese this would be enough to put you in prison ...
jillhavern.forumotion.net/t6263p20-the-last-confirmed-locatio...
Wednesday at 12:40am

Iris Pattison Sending Stickers, few tags and few posters out to Aussie freinds today. They say there aren't any around that they see. Hopefully it will encourage them to get more packs for their freinds.
Wednesday at 1:56am

Theodore John Levin I am still continuing to pray without ceasing,for Madeline,s safe return. Remember-God NEVER leaves us where He found us-furthermore Madeline can NEVER ever be out of God,s care-sooner
Wednesday at 4:30am · 2

Graham Perry Read this from TDH-about child trafficking- Germany, from 2007 - http://tdh-childprotection.org/news/child-trafficking-on-the-rise-un-says
Wednesday at 7:06am · 1

Cecilia Engfelt I have and will dedicate every prayer to Madelaine, that she's safe and that she'll be reunited with you (her family) this year. 2013.
Yesterday at 3:28am · 2

Si Rees FMWeBmaster please may I have your email addy x
Yesterday at 5:13am

Graham Perry Dear Webmaster, had an idea:-How about running a campaign saying-(with an enlarged image of Madeleine McCann's destinctive right eye iris mark)-How many of you have this same exact mark in your right eye? Face Book is world wide. You never know one day this idea might strike lucky. And I am only doing this out of concern for Madeleine. The chances are she may not be called "Madeleine"?
Yesterday at 5:18am · 2

Helen Leaver That's a good idea Graham, especially if the mark in Madeleines eye is a permanent blemish. You are also correct Madeleine is unlikely to now be known by her given name and may also speak another language as her first language.
Yesterday at 6:10am · 2

Official Find Madeleine Campaign I will run this by Kate. ~FM Webmaster
Yesterday at 7:18am · 4

Marvin Hübner I have heard you are going to settle out of the libel trial against Amaral to his terms. True? If so why? If he has lied there is no reason to settle out. You would win! You would lose a lot of money if you settle to his terms! Maybe some newspapers and the other financial backers could help you out with some money? But the bis question remains: Why? I think Amaral lied!!!
Yesterday at 10:04am

Pamela Gurney We know Amaral has lied so I hope this rumour is not true.
Yesterday at 10:39am

Graham Perry Human Trafficking-it is very relevant - http://www.dw.de/child-trafficking-on-the-rise-un-says/a-16513850
Yesterday at 11:06am · 1

Marvin Hübner Settling out????
Yesterday at 11:20am

Chrissy Lewis I think the shop lady in New Zealand reporting this shows that people even on our side of the world are aware of the huge importance of reporting ANY possible sighting to the police. BUT I believe this is the 2nd time this child has been reported MAYBE someone should look into this ALOT closer especially when people are mentioning eyes not just build and hair. Bless the McCanns x
Yesterday at 1:04pm · 1

Pamela Gurney I think most of us agree with this Chrissy. Why would so many feel this is Madeleine and the child is transient around NZ?
Yesterday at 1:09pm

Pamela Gurney It is great to know so many people all over the world are still looking out for Madeleine though.x
Yesterday at 1:10pm · 1

Iris Pattison Madeleine is not forgotten. This is so heartening and also has done so much for highlighting the issue of Missing children/people globally. Our support for Madeleine's search is a heartfelt desire to get her found and to help Families of missing loved-ones to pluck up the courage to keep looking. May God be with Madeleine and keep her safe tonight and ongoing, wherever she is. .
23 hours ago

Pamela Gurney Amen Iris.
23 hours ago · 1

Iris Pattison Madeleine's picture is being shared nationwide and further at this very moment. I pray that the right person sees it. Keep strong Mccann Family. People are rooting for you to find Madeleine. x
22 hours ago

Marvin Hübner Is Scotland Yard actively searching for Madeleine at the moment? Or is it paperwork only? If they are not searching then it would be better that you do not stop your own investigation! Madeleine could be found in the meantime while Scotland Yard is looking through the papers. In that case why has your own search stopped? But you did it so I guess Scotland Yard is actively searching.
10 hours ago

Graham Perry As far as I am aware Scotland Yard are still reviewing all the known evidence. Its all down to the Portuguese Authorities!
8 hours ago

Graham Perry Marvin click onto this link and all will be explaind http://www.findmadeleine.com
8 hours ago

Jue L Hancock still thinking of you all xx
52 minutes ago · 1

Graham Perry More "Anti McCann-Rubbish" http://missingmadeleine.forumotion.net/t22569-mccann-judgment-that-opposes-the-goncalo-amaral-suspended
49 minutes ago

Graham Perry Never heard of these mindless morons before-EXPOSE-THEM- http://www.datalounge.com/cgi-bin/iowa/ajax.html?t=12362341#page:showThread,12362341 (I hope none of you well wishers are not apart of this. I tend to keep grudges.
42 minutes ago

Graham Perry Maybe they are PAEDOPHILES - LOVERS OF JIMMY SAVILE?
41 minutes ago

Iris Pattison @Jue L Hancock. Lovely to hear from you again on here. The Calendar from 2012 is being re-used with a 2013 dates stuck on the bottom. That was a beautiful thing you did to help raise funds for Madeleine's search. Thanks.

Anyone know what's happening with the McCanns' case against the TV station and the publishing company which they brought at the same time as the case against Amaral? There's been almost total silence on that front for some time

Bob Southgate wrote:
What happened to the proceeds of his book?

According to Amaral's own website, 200,000 copies had been sold before the book was banned. The current retail price in the UK is GBP14.86 and it would have cost at least that in Portugal where book prices are higher. Author's royalty I guess would be in the region of 10% - 12%. So he must have earned at least GBP300,000 or so from the sale before it was banned in September 2009. Not sure whether 200,000 includes all the translations in 9 European languages and he would have sold many more since it's been back on sale.

If he had any sense, he would have put all his assets in his wife's or someone else's name once he realised he would have to battle out a libel case. The problem is the proceeds from the sale of his book is not easy to hide. Ironically, the same goes for KM and her book.

Ribisl wrote:

Bob Southgate wrote:
What happened to the proceeds of his book?

According to Amaral's own website, 200,000 copies had been sold before the book was banned. The current retail price in the UK is GBP14.86 and it would have cost at least that in Portugal where book prices are higher. Author's royalty I guess would be in the region of 10% - 12%. So he must have earned at least GBP300,000 or so from the sale before it was banned in September 2009. Not sure whether 200,000 includes all the translations in 9 European languages and he would have sold many more since it's been back on sale.

If he had any sense, he would have put all his assets in his wife's or someone else's name once he realised he would have to battle out a libel case. The problem is the proceeds from the sale of his book is not easy to hide. Ironically, the same goes for KM and her book.

That wouldn't have prevented the McCanns from going after the money as IIRC, their lawyers contacted Amaral's wife and wanted her to seperate her finances from his so they could seize his share

Think about it!

Why would Amaral withdraw so close to trial date when he is guaranteed to win.
A Portuguese practising lawyer wrote on MCF that ID will struggle after the 3 wise judges had overturned the temporary injunction (effectively guaranteeing Amaral's freedom of speech) and after ID lost her subsequent appeal. And that the writing is pretty much on the wall - ID will need a miracle to pull it off. Short of that, she stands absolutely no chance.

It's not in Amaral's interest to back down now after persevering and suffering for so long and now near finishing line to victory.
If Mccanns have even a slim chance to win, what is the chance they will back down?
More importantly would their lawyer, mad-hat ID, advise them to withdraw if there is a 50/50 chance - give up the opportunity to destroy Amaral (which is their joint objective) and give up their dream to collect a fat sum (this bit is more difficult as never in Portuguese history has libel damage been awarded above 5 figures). Not forgetting ID giving up her dream - chance to add a high profile foreign case to her portfolio and everything that goes with it.

I learned that it is extremely difficult to prove libel in the Portuguese system, compound that with the 2nd instance Court's ruling, ID knows there is not even a remote chance to win, hence her advice to Mccanns to cave in. Caving in would give them plenty excuses and easier to spin this than spinning Court's negative ruling when all the facts are there for all to see.

If team Amara's set as part of their terms: the Mccanns to issue a public apology in all UK media and set the record straight it was them who caved in on Amaral's terms, then their spinning power will be curbed and what they can spin will be somewhat restricted, or risk being sued for breach of undertakings. I hope Team Amaral factor in that the dirty playing pair have never played fair and aren't about to reform suddenly, so I hope they cover all eventuality.

To the poster who said that the Mccanns will string this out for the 6 months may be technically correct.
It's against economical sense to continue to incur mounting legal costs to do so. Bear in mind they have to pick up the legal cost of team Amaral as well, and stringing it out will be expensive. Can they afford to do that?

aiyoyo wrote:Think about it!

Why would Amaral withdraw so close to trial date when he is guaranteed to win.
A Portuguese practising lawyer wrote on MCF that ID will struggle after the 3 wise judges had overturned the temporary injunction (effectively guaranteeing Amaral's freedom of speech) and after ID lost her subsequent appeal. And that the writing is pretty much on the wall - ID will need a miracle to pull it off. Short of that, she stands absolutely no chance.

It's not in Amaral's interest to back down now after persevering and suffering for so long and now near finishing line to victory.
If Mccanns have even a slim chance to win, what is the chance they will back down?
More importantly would they lawyer advise them to withdraw if there is even a 50/50 chance; and give up the opportunity to destroy Amaral (which is their joint objective) and their dream to collect a fat sum (this bit is more difficult as never in Portuguese history has libel damage been awarded above 5 figures). Also not forgetting witch ID's dream to add a foreign case to her portfolio and everything that goes with it.

I learned that it is extremely difficult to prove libel in the Portuguese system, compound that with the 2nd instance Court's ruling, ID knows there is not even a remote chance to win, hence her advice to Mccanns to cave in. Caving in would give them plenty excuses and easier to spin this than spinning Court's negative ruling when all the facts are there for all to see.

If team Amara's set as part of their terms: the Mccanns to issue a public apology in all UK media and set the record straight it was them who caved in on Amaral's terms, then their spinning power will be curbed and what they can spin will be somewhat restricted, or risk being sued for breach of undertakings. I hope Amaral envisage the dirty playing pair is not ever going to change tactic to suddenly play fair, so I hope he covers all grounds.

To the poster who said that the Mccanns will string this out for the 6 months may be technically correct.
It's against economical sense to continue to incur mounting legal costs to do so. Bear in mind they have to pick up the legal cost of team Amaral as well, and stringing it out will be expensive. Can they afford to do that?

IMO it's a ploy by the McCanns to delay proceedings and avoid anything embarrassing coming out which might have a negative effect on their legal action to silence Tony Bennett. I do not believe that McCanns would genuinely seek a settlement and they know that Dr Amaral will not. In the situation they find themselves in, incurring additional legal costs is presumably not as important as continuing the charade.

Inspectorfrost wrote:It seems the official find madeleine website webmaster is not on duty

\

More like the Site admin (could be Kate) is sleeping on her job. Maybe she's too stressed to concentrate!

Ribisl wrote:

Bob Southgate wrote:
What happened to the proceeds of his book?

According to Amaral's own website, 200,000 copies had been sold before the book was banned. The current retail price in the UK is GBP14.86 and it would have cost at least that in Portugal where book prices are higher. Author's royalty I guess would be in the region of 10% - 12%. So he must have earned at least GBP300,000 or so from the sale before it was banned in September 2009. Not sure whether 200,000 includes all the translations in 9 European languages and he would have sold many more since it's been back on sale.

If he had any sense, he would have put all his assets in his wife's or someone else's name once he realised he would have to battle out a libel case. The problem is the proceeds from the sale of his book is not easy to hide. Ironically, the same goes for KM and her book.

Thanks Ribisi,

Are his assets still frozen?

T4two wrote:

aiyoyo wrote:Think about it!

Why would Amaral withdraw so close to trial date when he is guaranteed to win.
A Portuguese practising lawyer wrote on MCF that ID will struggle after the 3 wise judges had overturned the temporary injunction (effectively guaranteeing Amaral's freedom of speech) and after ID lost her subsequent appeal. And that the writing is pretty much on the wall - ID will need a miracle to pull it off. Short of that, she stands absolutely no chance.

It's not in Amaral's interest to back down now after persevering and suffering for so long and now near finishing line to victory.
If Mccanns have even a slim chance to win, what is the chance they will back down?
More importantly would they lawyer advise them to withdraw if there is even a 50/50 chance; and give up the opportunity to destroy Amaral (which is their joint objective) and their dream to collect a fat sum (this bit is more difficult as never in Portuguese history has libel damage been awarded above 5 figures). Also not forgetting witch ID's dream to add a foreign case to her portfolio and everything that goes with it.

I learned that it is extremely difficult to prove libel in the Portuguese system, compound that with the 2nd instance Court's ruling, ID knows there is not even a remote chance to win, hence her advice to Mccanns to cave in. Caving in would give them plenty excuses and easier to spin this than spinning Court's negative ruling when all the facts are there for all to see.

If team Amara's set as part of their terms: the Mccanns to issue a public apology in all UK media and set the record straight it was them who caved in on Amaral's terms, then their spinning power will be curbed and what they can spin will be somewhat restricted, or risk being sued for breach of undertakings. I hope Amaral envisage the dirty playing pair is not ever going to change tactic to suddenly play fair, so I hope he covers all grounds.

To the poster who said that the Mccanns will string this out for the 6 months may be technically correct.
It's against economical sense to continue to incur mounting legal costs to do so. Bear in mind they have to pick up the legal cost of team Amaral as well, and stringing it out will be expensive. Can they afford to do that?

IMO it's a ploy by the McCanns to delay proceedings and avoid anything embarrassing coming out which might have a negative effect on their legal action to silence Tony Bennett. I do not believe that McCanns would genuinely seek a settlement and they know that Dr Amaral will not. In the situation they find themselves in, incurring additional legal costs is presumably not as important as continuing the charade.

What good would it do them to play delaying tactics? How long can they postpone it indefinitely for? Besides they will need to supply Court with good valid reason to delay, and their case against TB is not valid reason.

I dont believe they would seek settlement too, even against all odds, they are too arrogant and conniving for that.
UNLESS their lawyer had strongly advised them to stop heading further towards the train; they had NO CHOICE; and that a settlement would at least claw them back some face.

Even if assuming legal costs may not be their prime concern, but a negative Court ruling will ruin their chance at reputation managing.
Besides you are right they wont want embarrassment fact to emerge and circulate freely in UK for all to see.

So the long and short of it is that it is in their interest to settle, and not the other round way, as those ostrich-pros with their heads buried in sands would like to fool themselves.