Re: ***LATEST NEWS AND UPDATES FROM THE TRIAL HERE*** See page 40 for news of the date and time of the judgment

by Spaniel 21.02.13 11:47

worriedmum wrote:if that's true, why did they send Tony a summary of their(huge) costs to date? They did didn't they?Please put me right if I'm mistaken......?

Free work for the McCs, CR will seek to obtain costs from Tony.
I was hoping Judge wouldn't order all costs.
I wonder if it's better or worse than he expected.

by Woofer 21.02.13 11:47

Guilty of Contempt

http://www.bailii.org/ew/cases/EWHC/QB/2013/283.html

CONCLUSIONS ON CONTEMPT OF COURT
For the reasons given above, I am satisfied that the Defendant has been in breach of the Undertakings in each of the thirteen instances which the Claimants set out to prove at the hearing of their application to commit him for contempt of court. I make no findings in relation to any of the other alleged breaches.
The case is re-listed, at the same time as the handing down of this judgment, for consideration of the penalty which should be imposed and any other issues that remain.

by whatsupdoc 21.02.13 11:48

http://www.bailii.org/ew/cases/EWHC/QB/2013/283.html

See last line.

by **PeterMac** 21.02.13 11:49

worriedmum wrote:if that's true, why did they send Tony a summary of their(huge) costs to date? They did didn't they?Please put me right if I'm mistaken......?

To frighten him into capitulating.
That is how C-R work. They very rarely get to trial

by **PeterMac** 21.02.13 11:52

whatsupdoc wrote:http://www.bailii.org/ew/cases/EWHC/QB/2013/283.html

See last line.

Today was that day, I think you will find.

by Miraflores 21.02.13 11:52

Could someone clarify what the case being relisted will involve?

by Woofer 21.02.13 11:56

PeterMac wrote:
whatsupdoc wrote:http://www.bailii.org/ew/cases/EWHC/QB/2013/283.html

See last line.
Today was that day, I think you will find.

I think its for the sentencing.

by saloongirl 21.02.13 11:57

Please forgive me if I don't understand correctly but does this mean Tony has to pay the £228,000 costs even tho CR were working for free?

by sombrero 21.02.13 11:57

There will be a seperate hearing on costs. Its called something like "Assesment of Costs" (used to be called taxation but not income tax). There is normally a negotiation between the winning and losing party (obviously these costs are added to the bill). If there is a dispute it goes to a hearing on the issue of assessment of costs.

My guess is that CR would want to settle with Tony but as we are talking close to £300k that may be a difficult one to negotiate.

Pro Bono work surprises me. I thought that the idea behind this is to assist those on low earnings who need legal assistance. Possible angle for Tony on this point.

Assessment of Costs is a very specialist subject.

by Pyrite 21.02.13 12:01

sombrero wrote:Pro Bono work surprises me. I thought that the idea behind this is to assist those on low earnings who need legal assistance. Possible angle for Tony on this point.

Assessment of Costs is a very specialist subject.

I am sure i heard in court Ms Martorell admit under cross examination by TB that "some work is paid and some work is free"

by saloongirl 21.02.13 12:02

Thank you for explaining Sombrero

by bobbin 21.02.13 12:03

I see no mention of Tony having a chance to come back and get the stay, and it going on to the full libel case.
Who can explain where Tony is at. Is there any wriggle room or is this the final state.

by Miraflores 21.02.13 12:04

Will this discussion of costs then force an examination of Kate's statement that CR did much work behind the scenes free?
In which case, costs should either be modest, or if they are substantial, prove that her statement doesn't stand up to examination.

I read textusa's blog earlier, suggesting that it would be to Tony's advantage to lose. How do people feel about the outcome? Is it as good as can be expected? It doesn't really seem like a victory for either side to me, but I expect the McCann propaganda machine will spin.

by Spaniel 21.02.13 12:04

I doubt that CR will make a habit of this and there's a lot of dissenting voices out there.

by whatsupdoc 21.02.13 12:04

PeterMac wrote:
whatsupdoc wrote:http://www.bailii.org/ew/cases/EWHC/QB/2013/283.html

See last line.
Today was that day, I think you will find.

Ok thanks.

by **Jill Havern** 21.02.13 12:05

bobbin wrote:I see no mention of Tony having a chance to come back and get the stay, and it going on to the full libel case.
Who can explain where Tony is at. Is there any wriggle room or is this the final state.

https://jillhavern.forumotion.net/t6596-tony-bennett-statement-re-court-draft-judgement

by russiandoll 21.02.13 12:07

Choices if you cannot afford a lawyer:

Pro bono

This is the Latin name for ‘for the common good’, and refers to the
tradition of lawyers acting free of charge for clients. This is a
widespread practice among solicitors and barristers in England and
Wales, and a surprisingly wide range of legal issues are handled pro
bono. Even the big City commercial firms do pro bono work advising
clients who cannot afford to pay but who are ineligible for legal aid.

The Bar Pro Bono Unit co-ordinates pro bono work among barristers. You
would normally be referred to the Unit by a solicitor or advice agency.

To find a solicitor who will work pro bono, you can contact Law Works, the charity which co-ordinates pro bono work, at www.lawworks.org.uk.

Legal aid

If you are on a very small income or benefits, you may be eligible for legal aid. It is available for civil and criminal cases.

Legal aid is only available for certain types of legal problem. In
order to be eligible, you must show that your income and capital is
below a certain amount. A grant of legal aid depends on whether your
legal problem is capable of being resolved, and it is worth the time and
money to do so.

No win, no fee

These cases are also known as conditional fee cases. Not all lawyers do
these, and you will need to find a solicitor who runs ‘no win, no fee’
cases.

The deal with these is that you pay nothing upfront (you may sometimes
be asked to pay certain costs but the solicitor should advise you about
this) or if you lose your case, and if you win your case then the lawyer
takes a percentage of the damages. Personal injury cases (such as road traffic cases) are often run on a conditional fee basis.

by Mirage 21.02.13 12:09

sombrero wrote:There will be a seperate hearing on costs. Its called something like "Assesment of Costs" (used to be called taxation but not income tax). There is normally a negotiation between the winning and losing party (obviously these costs are added to the bill). If there is a dispute it goes to a hearing on the issue of assessment of costs.

My guess is that CR would want to settle with Tony but as we are talking close to £300k that may be a difficult one to negotiate.

Pro Bono work surprises me. I thought that the idea behind this is to assist those on low earnings who need legal assistance. Possible angle for Tony on this point.

Assessment of Costs is a very specialist subject.

I cannot imagine any elite firm of lawyers to be doing work pro bono work.

Barristers don't do anything for nothing. It's not in their DNA. Can you imagine the hours ticking away calculating an eye-watering loss of earnings. And them thinking - Nah, it's for the public good.

Would they share out losses between them? If so, what would the other lawyers in the firm think? Would they say, Yeah, we can see exactly where you're coming from with this. I'll take a hit too. Count me in!

No, I can't believe any of that is true.

by Spaniel 21.02.13 12:11

I don't know what the confusion about costs is.

Carter Ruck is a business, they can give free advice to whomever they choose. They also have a right to recover those costs from the losing side.

The firm still has to pay its lawyers and overheads. I don't like it in this case, but that's how it is.

by jowie 21.02.13 12:12

I am gutted for Tony and feel very disappointed in the Judge.

Why does he re-list the case for consideration of the bloody penalties ?? He has already considered them and handed them down !!! Perhaps he is going to honour what he said to Tony earlier in that before penalties are imposed Tony will have the chance of going to a libel trial? This is an horrendous situation for Tony as I know he does not want to continue.

As an aside - probono is working free of charge for cash strapped clients, deemed in the public interest. Well, Tony IS cash strapped and WE ARE the public and we are interested in finding out what happened to Madeleine !!!! Why the hell couldnt he get the same representation ?? Beats me!

Rant over.

by sombrero 21.02.13 12:16

In a nutshell the Judgement is a loss for Tony. 3 months suspended is not an unreasonable penalty given that Tony was in contempt of court. We have no information at the moment if there was a penaly fine and if there is no penalty fine then we should consider that Tony has been treated fairly by the Court. Contempt of Court is very serious.

Given the fact that Tony lost the Judge would really have no choice in awarding costs to CR. However, these costs can be challenged without effecting today's Judgement provided Tony does not further say or write things he legally must not.

The news that CR were Pro Bono could assist Tony in reducing the Costs.

Tony must be very careful now as if he is further in contempt (by saing or writing the wrong things) he may well have jail time and we do not want that.

by Newintown 21.02.13 12:19

If Tony has to pay thousands of £s in costs and maybe lose his house and savings but it comes out in the future that the McCanns were responsible for Madeleine's death/disappearance in a court of law, I wonder what would happen then?

Would he be reimbursed, I very much doubt it.

I feel sick for Tony, I really do.

by sardinehater 21.02.13 12:21

Mirage wrote:
sombrero wrote:There will be a seperate hearing on costs. Its called something like "Assesment of Costs" (used to be called taxation but not income tax). There is normally a negotiation between the winning and losing party (obviously these costs are added to the bill). If there is a dispute it goes to a hearing on the issue of assessment of costs.

My guess is that CR would want to settle with Tony but as we are talking close to £300k that may be a difficult one to negotiate.

Pro Bono work surprises me. I thought that the idea behind this is to assist those on low earnings who need legal assistance. Possible angle for Tony on this point.

Assessment of Costs is a very specialist subject.

I cannot imagine any elite firm of lawyers to be doing work pro bono work.

Barristers don't do anything for nothing. It's not in their DNA. Can you imagine the hours ticking away calculating an eye-watering loss of earnings. And them thinking - Nah, it's for the public good.

Would they share out losses between them? If so, what would the other lawyers in the firm think? Would they say, Yeah, we can see exactly where you're coming from with this. I'll take a hit too. Count me in!

No, I can't believe any of that is true.

So are you saying that Carter Ruck's representatives lied in court today or that Gaemar01 lied in the tweet?

Which? Because you are clearly accusing one of them.

Personally, I can fully understand that Carter Ruck would do Pro Bono work. I believe that all large legal companies do that kind of work for what they see as deserving cases.

by Mirage 21.02.13 12:21

Once we get some understanding of the costs involved I would like to think we can all assist Tony in whatever measure we are able.

Today the letter of the law has been observed, but its spirit dealt a heavy blow.

Truth is light. And the light of Truth will find its way through profound darkness.

It is an immutable fact that no man can gainsay.

by skater58 21.02.13 12:23

Is there any word on how Tony is holding up. I also feel that C-R are playing games with the costs for reasons I just don't understand. Why send him all those summaries??? Love of power and money should never be at the expense of another person life. I don't know how any of them live with themselves. I had hoped that the court would have been more reasonable re costs. Can someone explain what happens next, please. Confused and disapponted for Tony.

LATEST NEWS AND UPDATES FROM THE TRIAL HERE See page 40 for news of the date and time of the judgment

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Re: LATEST NEWS AND UPDATES FROM THE TRIAL HERE See page 40 for news of the date and time of the judgment

Re: LATEST NEWS AND UPDATES FROM THE TRIAL HERE See page 40 for news of the date and time of the judgment

Re: LATEST NEWS AND UPDATES FROM THE TRIAL HERE See page 40 for news of the date and time of the judgment

Re: LATEST NEWS AND UPDATES FROM THE TRIAL HERE See page 40 for news of the date and time of the judgment

Re: LATEST NEWS AND UPDATES FROM THE TRIAL HERE See page 40 for news of the date and time of the judgment

Re: LATEST NEWS AND UPDATES FROM THE TRIAL HERE See page 40 for news of the date and time of the judgment

Re: LATEST NEWS AND UPDATES FROM THE TRIAL HERE See page 40 for news of the date and time of the judgment

Re: LATEST NEWS AND UPDATES FROM THE TRIAL HERE See page 40 for news of the date and time of the judgment

Re: LATEST NEWS AND UPDATES FROM THE TRIAL HERE See page 40 for news of the date and time of the judgment

Re: LATEST NEWS AND UPDATES FROM THE TRIAL HERE See page 40 for news of the date and time of the judgment

Re: LATEST NEWS AND UPDATES FROM THE TRIAL HERE See page 40 for news of the date and time of the judgment

Re: LATEST NEWS AND UPDATES FROM THE TRIAL HERE See page 40 for news of the date and time of the judgment

Re: LATEST NEWS AND UPDATES FROM THE TRIAL HERE See page 40 for news of the date and time of the judgment

Re: LATEST NEWS AND UPDATES FROM THE TRIAL HERE See page 40 for news of the date and time of the judgment

Re: LATEST NEWS AND UPDATES FROM THE TRIAL HERE See page 40 for news of the date and time of the judgment

Re: LATEST NEWS AND UPDATES FROM THE TRIAL HERE See page 40 for news of the date and time of the judgment

Re: LATEST NEWS AND UPDATES FROM THE TRIAL HERE See page 40 for news of the date and time of the judgment

Re: LATEST NEWS AND UPDATES FROM THE TRIAL HERE See page 40 for news of the date and time of the judgment

Re: LATEST NEWS AND UPDATES FROM THE TRIAL HERE See page 40 for news of the date and time of the judgment

Re: LATEST NEWS AND UPDATES FROM THE TRIAL HERE See page 40 for news of the date and time of the judgment

Re: LATEST NEWS AND UPDATES FROM THE TRIAL HERE See page 40 for news of the date and time of the judgment

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