Would the libel case had a different result if pecuniary damages weren't sought?

[Venturi Swirl]

What has that got to do with it? They wanted 1.2 million Euros from Amaral, which was far in excess of his earnings from his book. Had he been intimidated like the UK media and offered to settle, I expect they would have graciously accepted every penny he had instead. He refused, demanded they prove their case, and the rest is history.

I think how much the McCanns wanted from the other defendants is perfectly on topic - do we know or not?

[G-Unit]

I think how much the McCanns wanted from the other defendants is perfectly on topic - do we know or not?

I could probably find out if I was interested. As could you.

[Venturi Swirl]

I think how much the McCanns wanted from the other defendants is perfectly on topic - do we know or not?

I could probably find out if I was interested. As could you.

You’re a better researcher than me.  But why wouldn’t you be interested I wonder...?

[G-Unit]

I could probably find out if I was interested. As could you.
You’re a better researcher than me.  But why wouldn’t you be interested I wonder...?

I believe there was only one target.

[Venturi Swirl]

I believe there was only one target.

Why were there additional defendants then?  Weren’t they expected to cough up if found guilty?

[jassi]

Why were there additional defendants then?  Weren’t they expected to cough up if found guilty?

I'm sure they would have been a welcome bonus had things gone the McCann's way.

[Venturi Swirl]

I'm sure they would have been a welcome bonus had things gone the McCann's way.

Things did go the McCanns way to begin with.  What were they instructed to pay, if anything?

[Robittybob1]

Things did go the McCanns way to begin with.  What were they instructed to pay, if anything?

Didn't they have books and videos  destroyed?

[Venturi Swirl]

Didn't they have books and videos  destroyed?

I don’t know.

[Alice Purjorick]

The writ was for:
Kate Marie Healy MCCANN, GERALD PATRICK MCCANN, married , doctors, for them and in representation of their children  MADELEINE BETH MCCANN ,  SEAN MICHAEL MCCANN and AMELIE EVE MCCANN , residents in xxx have instituted the following declarative action , under the form of process , against  GONCALO DE SOUSA AMARAL, resident in xxx. The claimants have requested that, based on the proceeding action the accused is convicted to the following:

I- Payment to each of them of damages with a global value not inferior to 1.2 million Euros , being 500.000 Euros to the 3rd claimant (MBM), 100.000 Euros each for the 4th (SMM) and 5th (AEM) claimants and 250.000 Euros each for the 1st (KM) and 2nd (GM) claimants.

II – to pay retroactive interest, at the legal rate, on the value of the above mentioned amounts since the date of the citation till the payment is fully settled.

III – To pay emerging material damages, comprising of all the costs that may be liquidated in the execution of the sentence and that are directly and necessarily inherent to the judicial initiatives that are deemed necessary or that have been or will be carried out with grounds on the contents, interviews and news texts mentioned in the official documents / files.

IV – That the convicting sentence be published (extracts) at the convicted expenses, for two consecutive days in one of the most read newspapers in Portugal and one of the most read daily UK newspapers and also to publish the said convicting sentencing (extracts) and only once in one of the most read weekly newspapers in Portugal and in the UK,  chosen by the claimants in the 15 days immediately subsequent to the final the judicial decision P (transito em julgado = Res Judicata, preclusion, no appeal is possible any more)

V  – To pay the court fees, including the fees of its authorized representatives


The defendants were:
GONCALO DE SOUSA AMARAL,


GUERRA & PAZ, EDITORES, S.A
V.C. – VALENTIM DE CARVALHO-FILMES, AUDIOVISUAIS, S.A.
TVI – TELEVISAO INDEPENDENTE, S.A.

Fairly straightforward.

[Venturi Swirl]

The writ was for:
Kate Marie Healy MCCANN, GERALD PATRICK MCCANN, married , doctors, for them and in representation of their children  MADELEINE BETH MCCANN ,  SEAN MICHAEL MCCANN and AMELIE EVE MCCANN , residents in xxx have instituted the following declarative action , under the form of process , against  GONCALO DE SOUSA AMARAL, resident in xxx. The claimants have requested that, based on the proceeding action the accused is convicted to the following:

I- Payment to each of them of damages with a global value not inferior to 1.2 million Euros , being 500.000 Euros to the 3rd claimant (MBM), 100.000 Euros each for the 4th (SMM) and 5th (AEM) claimants and 250.000 Euros each for the 1st (KM) and 2nd (GM) claimants.

II – to pay retroactive interest, at the legal rate, on the value of the above mentioned amounts since the date of the citation till the payment is fully settled.

III – To pay emerging material damages, comprising of all the costs that may be liquidated in the execution of the sentence and that are directly and necessarily inherent to the judicial initiatives that are deemed necessary or that have been or will be carried out with grounds on the contents, interviews and news texts mentioned in the official documents / files.

IV – That the convicting sentence be published (extracts) at the convicted expenses, for two consecutive days in one of the most read newspapers in Portugal and one of the most read daily UK newspapers and also to publish the said convicting sentencing (extracts) and only once in one of the most read weekly newspapers in Portugal and in the UK,  chosen by the claimants in the 15 days immediately subsequent to the final the judicial decision P (transito em julgado = Res Judicata, preclusion, no appeal is possible any more)

V  – To pay the court fees, including the fees of its authorized representatives


The defendants were:
GONCALO DE SOUSA AMARAL,


GUERRA & PAZ, EDITORES, S.A
V.C. – VALENTIM DE CARVALHO-FILMES, AUDIOVISUAIS, S.A.
TVI – TELEVISAO INDEPENDENTE, S.A.

Fairly straightforward.

Except it doesn’t answer what fines or punishments the other 3 defendants faced if the action went against them.

[G-Unit]

Except it doesn’t answer what fines or punishments the other 3 defendants faced if the action went against them.

There were two writs. One against Amaral for 1.2 million Euros. One against Amaral and the rest of them to ban the book and video, with penalties if they didn't obey.

The complaints made on behalf of Madeleine, Sean and Amalie were dismissed.
The complaints against TVI-INDEPENDENT TELEVISION, SA were dismissed.

Going forward Amaral and the remaining two other defendants appealed.

[Venturi Swirl]

There were two writs. One against Amaral for 1.2 million Euros. One against Amaral and the rest of them to ban the book and video, with penalties if they didn't obey.

The complaints made on behalf of Madeleine, Sean and Amalie were dismissed.
The complaints against TVI-INDEPENDENT TELEVISION, SA were dismissed.

Going forward Amaral and the remaining two other defendants appealed.

Do you have a link to the two writs?

[G-Unit]

Do you have a link to the two writs?

It's all in here;

http://miscarriageofjustice.co/index.php?topic=6307.0

[Brietta]

Is it usual for the claimants in a defamation trial trial to sue and not to ask for pecuniary damages to be awarded?

For example ... how much did Lord McAlpine sue Sally Bercow and others for in his successful defamation action?  Suffice it to say that the charity "Children in Need" among others did very well indeed from it when he won his case.
https://en.wikipedia.org/wiki/McAlpine_v_Bercow

How much did Amaral sue Aragão Correia ~ and Professor António Pedro Dores for when he embarked on his failed defamation action? http://www.cmjornal.pt/portugal/detalhe/advogado-de-leonor-cipriano-absolvido-de-difamar-goncalo-amaral

Gonçalo Amaral complains
4/17/04
The coordinator of the PJ in Faro, Gonçalo Amaral, filed a criminal complaint against the lawyer Marcos Aragão Correia, due to the report on torture to Leonor Cipriano that this month prepared for the Association against Exclusion for Development. Former inspector Pereira Cristóvão follows the example today and comments: "More colleagues will do it in a few days."
http://www.cmjornal.pt/maissobre/marcos-aragao-correia



Which in my opinion shows that in these two examples of defamation cases the pursuer demanded pecuniary damages.

In the latter in my opinion it shows there was bad blood between Amaral and Correia long before the McCann family arrived on holiday in Praia da Luz.