Author Topic: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.  (Read 853474 times)

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Alfred R Jones

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Probably not, there are 12 days remaining.
12 working days or 12 days in total?

Offline Brietta

This is interesting:

court proceedings in Portugal:

http://www.worldservicesgroup.com/publications.asp?action=article&artid=2914

Thanks, ferryman.  Certainly gives an idea why the size of the damages came as such a blow as well as an understanding of the Judge's discretion on the evidence presented ... I've bookmarked it to read properly when I've got time. 
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline Jean-Pierre

12 working days or 12 days in total?

Calender days.

Offline DCI

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Thanks, ferryman.  Certainly gives an idea why the size of the damages came as such a blow as well as an understanding of the Judge's discretion on the evidence presented ... I've bookmarked it to read properly when I've got time.

Interesting read, Brietta.

13- Is third-party litigation funding permissible?

Legal costs may be defrayed by a third party. However, to the extent that such a third party is not a party to the proceedings, his or her right to recover such costs is limited to the agreement reached with the party who is lawfully entitled to recover this money under the terms of the court order.
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ferryman

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Calender days.

So 6th June

ETA a Saturday, so presumably 9th June.

civil case to be decided in a Portuguese court passes through two phases: a written phase (pleadings), where almost all procedural activity is conducted by the parties with very little intervention from the judge; and a subsequent oral phase (hearings).

The institution of a product liability action starts with the filing of the pleading (petição inicial), which must be addressed to the competent court and accurately identify the parties, the facts and their legal grounds, as well as the amount in dispute and the documentary evidence through which the plaintiff intends to prove the truthfulness of (all or part of) the alleged facts. However, under the principle of jura novit curia, the plaintiff is not required to set out the legal grounds in thorough detail, and such indication of legal grounds is not binding upon the judge, who may uphold the action based on alternative legal grounds.

Once the claim has been filed, the defendant is notified so that he or she may present a defence (and, eventually, a counterclaim) within, generally, a term of 30 days. The answer of the defendant must contain all the arguments available, either factual or legal, as the defendant will not have another occasion to do so (unless he or she presents a counterclaim).

As soon as the exchange of pleadings is complete, the terms of the dispute are defined and, save for exceptional situations, cannot be altered.

The court may then schedule a preliminary hearing (this is an optional phase) in which the legal obstacles to the claims (and any possible counterclaims) shall be discussed (although no evidence is yet presented), which may lead to the dismissal of the case. If the judge considers that all the relevant facts are already evidenced in the file (through documents) he or she may also decide to rule on the merits of the case.

If the court decides that the case should undergo trial (and this is the normal outcome of the preliminary hearing), it will prepare – in principle with the cooperation of the parties’ attorneys – a list of the facts that are already proved and a list of the facts that will be discussed in trial. Thereafter, the parties will be invited to indicate all the additional evidence they wish to produce – lists of witnesses, requests for expert evidence, requests for the production of documents not in their possession, among other evidence, must be submitted at this stage, since afterwards only the list of witnesses may be amended.


So would it be fair to say that the bulk of the trial was determined in written submissions?
« Last Edit: May 25, 2015, 07:11:22 PM by ferryman »

Offline DCI

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I believe they do hold Court cases on Saturdays, in Portugal, Ferryman.
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ferryman

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I believe they do hold Court cases on Saturdays, in Portugal, Ferryman.

Interesting ...

Offline Jean-Pierre

Idle curiosity (which I don't expect to be satisfied for a while!) as to whether Amaral has lodged his appeal on points of law.

If the challenge is on proven facts then he probably has until the 9th June.

Unless his lawyers secretary gets bird flu, of course.   8((()*/
 

Offline Carana

Idle curiosity (which I don't expect to be satisfied for a while!) as to whether Amaral has lodged his appeal on points of law.

If the challenge is on proven facts then he probably has until the 9th June.

Unless his lawyers secretary gets bird flu, of course.   8((()*/

Are you sure that the deadline is based on calendar days, as opposed to working days in a civil case? Not that it makes much difference in the general scheme of how long this has been going on for.

Offline Jean-Pierre

Are you sure that the deadline is based on calendar days, as opposed to working days in a civil case? Not that it makes much difference in the general scheme of how long this has been going on for.

Calendar days.

This extract from the European Judicial Network (Portugal) may help:

5. From when does this period begin to run:

5.a) When such a period is expressed in days, does the actual date of the act, of the event, of the decision or of the date of service and/or intimation which begins it count?

When such a period is expressed in days, the time limit begins to run from the day following the date of service, notification or the relevant event that sets it in train.


The actual date of the act, event, decision or date of service and/or intimation which begins it does not count.

5.a)1. Does the starting time for any time limit depend in any way on the receipt by or knowledge of the action by the recipient. If so how?

Yes. The answer given to question 4 also applies here.

5.b) When a time limit is expressed in days, does the indicated number of days include calendar days or only working days?

The procedural time limit laid down by law or established by court order is continuous. It is, however, suspended during judicial vacations, unless it lasts for six months or more or in the case of acts in proceedings statutorily classified as urgent. When the time limit for carrying out a procedural act ends on a day when the courts are closed, the period is extended to the next working day (Article 144 of the Code of Civil Procedure).

It follows that, except for the period of judicial vacations, the procedural time limit includes all calendar days although the act can be carried out on the next working day after the end of the period if it falls on a day when the court is closed.

Judicial vacations run from the 22 December to 3 January, from Palm Sunday to Easter Monday and from 1 to 31 August.

If, for example, in a proceeding a person has to react within 14 days to a document served on 4 April 2005, he or she must respond before 18 April. (unless Easter occurs within this period, when it may then be extended by 4 days). 

Offline Brietta

Are you sure that the deadline is based on calendar days, as opposed to working days in a civil case? Not that it makes much difference in the general scheme of how long this has been going on for.

Won't be too long now until the £25,000 total is reached for the appeal fund ... I see there have been numerous pledges to keep on contributing for as long as is necessary ... this "fighting injustice" looks like it could be a long drawn out and expensive endeavour. 
Interesting, though, particularly the accompanying comments.    8)-)))
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

ferryman

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When the time limit for carrying out a procedural act ends on a day when the courts are closed, the period is extended to the next working day (Article 144 of the Code of Civil Procedure).


So 8th June, not 9th as I said above, unless this court works on a Saturday as DCI says ...

Offline Jean-Pierre

When the time limit for carrying out a procedural act ends on a day when the courts are closed, the period is extended to the next working day (Article 144 of the Code of Civil Procedure).


So 8th June, not 9th as I said above, unless this court works on a Saturday as DCI says ...

But I had forgotten that the date runs from the day following the actual judgement in Portugal so the 9th is correct, (I think....) 

Offline Alice Purjorick

Idle curiosity (which I don't expect to be satisfied for a while!) as to whether Amaral has lodged his appeal on points of law.

If the challenge is on proven facts then he probably has until the 9th June.

Unless his lawyers secretary gets bird flu, of course.   8((()*/
OFF TOPIC
Or ManFlu depending on the secretary's gender ?{)(**
Non PC to the last. ?>)()<
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Offline Jean-Pierre

OFF TOPIC
Or ManFlu depending on the secretary's gender ?{)(**
Non PC to the last. ?>)()<

http://portugalresident.com/madeleine-libel-hearing-is-adjourned-as-lawyer-has-swine-flu

Last time it was swine flu.

On the basis that he can't pull that particular stunt again I was gently suggesting an alternative.

Who mentioned being PC by the way?