Author Topic: Were the media wrong to settle defamation actions out of court?  (Read 49407 times)

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Offline slartibartfast

Re: Were the media wrong to settle defamation actions out of court?
« Reply #105 on: July 12, 2018, 07:30:40 PM »
As regards your claim of the mccanns not wanting to go to court... Opinion not fact... Or speculation

If either side had wanted to go to court they could have. They didn’t go to court therefore they didn’t want to. Simple really.
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline Mr Gray

Re: Were the media wrong to settle defamation actions out of court?
« Reply #106 on: July 12, 2018, 07:36:01 PM »
If either side had wanted to go to court they could have. They didn’t go to court therefore they didn’t want to. Simple really.

It isn't that simple as anyone with knowledge of the court system would know.... If the mccanns go to court and are, awarded less than the out if court settlement offer then they would be responsible for the other sides considerable costs... That is why care us needed in rejecting an out of court settlenent

Offline Robittybob1

Re: Were the media wrong to settle defamation actions out of court?
« Reply #107 on: July 12, 2018, 07:45:41 PM »
It isn't that simple as anyone with knowledge of the court system would know.... If the mccanns go to court and are, awarded less than the out if court settlement offer then they would be responsible for the other sides considerable costs... That is why care us needed in rejecting an out of court settlenent
Still seems to be included in the "want to" category.
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Offline Mr Gray

Re: Were the media wrong to settle defamation actions out of court?
« Reply #108 on: July 12, 2018, 07:50:23 PM »
Still seems to be included in the "want to" category.
The mccanns were represented by CR pro bono... So it would be their decision... The point is Alice states it as fact... It isn't it's opinion

Offline Alice Purjorick

Re: Were the media wrong to settle defamation actions out of court?
« Reply #109 on: July 12, 2018, 08:13:01 PM »
The mccanns were represented by CR pro bono... So it would be their decision... The point is Alice states it as fact... It isn't it's opinion

Do you gave a cite for it being pro bono rather than a CFA?
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Offline Mr Gray

Re: Were the media wrong to settle defamation actions out of court?
« Reply #110 on: July 12, 2018, 08:15:48 PM »
Do you gave a cite for it being pro bono rather than a CFA?

not off hand but the principle is the same....if the court awarded one penny less...then the mccanns would now be liable for both their own and the oppos charges....and as I understand courts prefer litigants to make a deal
« Last Edit: July 24, 2018, 07:52:55 PM by John »

Offline G-Unit

Re: Were the media wrong to settle defamation actions out of court?
« Reply #111 on: July 25, 2018, 09:31:49 AM »
not off hand but the principle is the same....if the court awarded one penny less...then the mccanns would now be liable for both their own and the oppos charges....and as I understand courts prefer litigants to make a deal

How could the McCanns be responsible for their own costs if CR worked for nothing?
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Offline Angelo222

Re: Were the media wrong to settle defamation actions out of court?
« Reply #112 on: July 25, 2018, 09:55:21 AM »
CR admitted that they went into this knowing full well that the media would have to settle.  They knew that their costs would be paid as part of that settlement so it was a no-brainer as to whether they got involved.
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Offline Robittybob1

Re: Were the media wrong to settle defamation actions out of court?
« Reply #113 on: July 25, 2018, 12:17:42 PM »
I've lost the point of this debate - sorry.
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Offline Angelo222

Re: Were the media wrong to settle defamation actions out of court?
« Reply #114 on: July 25, 2018, 12:23:45 PM »
I've lost the point of this debate - sorry.

The point was whether the media should have put up a defence to their claims or simply rolled over.  Always remembering of course that the files weren't available to them in 2008.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

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Offline Venturi Swirl

Re: Were the media wrong to settle defamation actions out of court?
« Reply #115 on: July 25, 2018, 12:49:15 PM »
The point was whether the media should have put up a defence to their claims or simply rolled over.  Always remembering of course that the files weren't available to them in 2008.
Their claims were indefensible weren't they?
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Offline Mr Gray

Re: Were the media wrong to settle defamation actions out of court?
« Reply #116 on: July 25, 2018, 01:13:24 PM »
The point was whether the media should have put up a defence to their claims or simply rolled over.  Always remembering of course that the files weren't available to them in 2008.

There was no defence...do you not realise that...what defence do you think was possible...the files are totally irrelevant

They had no choice but to roll over
« Last Edit: July 25, 2018, 01:35:24 PM by Davel »

Offline Sunny

Re: Were the media wrong to settle defamation actions out of court?
« Reply #117 on: July 25, 2018, 03:53:13 PM »
There was no defence...do you not realise that...what defence do you think was possible...the files are totally irrelevant

They had no choice but to roll over

Do you have a cite that release of the files would be "totally irrelevant" also we still haven't had your one regarding CR working for the McCanns on a PB basis despite at least a dozen requests from myself and others.
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Offline Mr Gray

Re: Were the media wrong to settle defamation actions out of court?
« Reply #118 on: July 25, 2018, 04:21:53 PM »
Do you have a cite that release of the files would be "totally irrelevant" also we still haven't had your one regarding CR working for the McCanns on a PB basis despite at least a dozen requests from myself and others.

its basic  common sense......angelo made the claim as though it was significance...could he or you show how they could be importance as a defence for libel...they couldnt
« Last Edit: July 25, 2018, 07:22:21 PM by Davel »

Offline Robittybob1

Re: Were the media wrong to settle defamation actions out of court?
« Reply #119 on: July 25, 2018, 07:28:55 PM »
its basic  common sense......angelo made the claim as though it was significance...could he or you show how they could be importance as a defence for libel...they couldnt
Quite a challenge!
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