Gonçalo Amaral confirms he will appeal the damages decision to higher Court.

[Brietta]

The higher court will confine itself to matters that the appellant disputes, and is able to provide reasons why the decision should be modified or reversed.  This latter point is important - it is not enough for the appellant to say "I disagree" or "I don't like the decision" - he or she must argue their case. 

The respondants will then have a chance to submit their argument(s) in writing, and the case will then be considered by the court.  The court may choose to request the sides to present their cases in person.

If the second court produces the same decision, then the matter ends there.  If there is a dispute, it may proceed to the supreme court.

I would not rule out the long haul of it being referred to the supreme court, then the European Court? ... contributors to the fund will need to organise car boot or garage sales to keep up.

Does any one know if the Portuguese press have reported on the appeal yet, I've seen nothing internationally or in ours.

[ferryman]

I would not rule out the long haul of it being referred to the supreme court, then the European Court? ... contributors to the fund will need to organise car boot or garage sales to keep up.

Does any one know if the Portuguese press have reported on the appeal yet, I've seen nothing internationally or in ours.

I don't think he'll have the option to take it to the European Court.

The Supreme Court, maybe ...

[Mr Gray]

In this context "sentença " is most accurately transalted as "decision" which encompasses the verdict of the court on the various issue raised, and the remedy.

In your opinion...that's the fourth different translation given...whilst the PJGA website translate it as sentence...what makes you think they are wrong

[Mr Gray]

UPDATE

Maddie cop launches appeal against McCann’s record damages ‘win’ of €500,000



15 June 2015



Following a huge crowd-funding drive that has raised over £29,000 from well-wishers almost exclusively from the UK, former police inspector Gonçalo Amaral has today filed his appeal against the €500,000-plus damages awarded against him in a civil case taken out by the parents of Madeleine McCann. The Projecto Justiça Gonçalo Amaral published the news this morning, thanking “each and every one” of the nearly 2000 people who have given money to the British gofundme appeal that has helped take Amaral’s legal fight to its next stage. As the message went out, donations continued apace - with over £390 raised in a matter of hours. Several of the day’s donors commented this was “news worth celebrating”, but more than one suggested the story is “unlikely to be covered by mainstream media”. Indeed, by coincidence British media is much more focused today on Madeleine’s mother Kate who is leading a bike ride for a missing people’s charity. Kate McCann has told reporters that she is “really encouraged” by progress being made by police in the eight-year hunt for her daughter. Meantime, the gofundme appeal - started by a young Birmingham woman who was only 14 when Madeleine went missing - is set to continue. Updates are promised - though with the speed of Portuguese justice it is anyone’s guess when Amaral’s appeal will be set a date for hearing. As readers may be aware, the long-running civil case taken out by Madeleine’s parents centred on claims Amaral made in his book The Truth of the Lie in which he suggested the McCanns had faked their daughter’s abduction. The McCann’s said the book caused them “devastation, desperation, anxiety and pain”. Amaral’s supporters however claim they “will not let this case pass into obscurity” and “do not tolerate the leaving of unanswered questions”.
 
natasha.donn@algarveresident.com

www.portugalresident.com/maddie-cop-launches-appeal-against-mccann’s-record-damages-‘win’-of-€500000

so another vote for my interpretation...the appeal is against the damages according to tis article

[Jean-Pierre]

In your opinion...that's the fourth different translation given...whilst the PJGA website translate it as sentence...what makes you think they are wrong

What does it actually matter - this is just playing semantics.  "Decision" is the best word to use for what has actually happened - ie the court has delivered its verdicts and pronounced on its remedy - i.e it has decided or "made a decision".

Judgement - that would work too. 

Sentence is definitely the wrong word - not used in civil cases. 

Verdict - could be ok - but does not go far enough.  Because the court has delivered bot a verdicts and also pronounced on the remedy. 

So you can take your pick. 

[Mr Gray]

What does it actually matter - this is just playing semantics.  "Decision" is the best word to use for what has actually happened - ie the court has delivered its verdicts and pronounced on its remedy - i.e it has decided or "made a decision".

Judgement - that would work too. 

Sentence is definitely the wrong word - not used in civil cases. 

Verdict - could be ok - but does not go far enough.  Because the court has delivered bot a verdicts and also pronounced on the remedy. 

So you can take your pick.

It isn't playing  semantics.......many posters have claimed amaral has little ground for appeal apart from the level of damages......

What you are highlighting is that all the translated files are similarly open to interpretation...that is not semantics

[Jean-Pierre]

It isn't playing  semantics.......many posters have claimed amaral has little ground for appeal apart from the level of damages......

What you are highlighting is that all the translated files are similarly open to interpretation...that is not semantics

I am among them.  But any translation is open to interpretation, as you well know, even professional ones.

So amateur ones are very dangerous.  There really is no point in arguing over the precise meanings in a translated word or phrase.

[Carana]

The higher court will confine itself to matters that the appellant disputes, and is able to provide reasons why the decision should be modified or reversed.  This latter point is important - it is not enough for the appellant to say "I disagree" or "I don't like the decision" - he or she must argue their case. 

The respondants will then have a chance to submit their argument(s) in writing, and the case will then be considered by the court.  The court may choose to request the sides to present their cases in person.

If the second court produces the same decision, then the matter ends there.  If there is a dispute, it may proceed to the supreme court.

Yep, but the injunction circus seems to have been more complicated than that, according to Kate's book.

An injunction was filed, which was rejected (any damage already done).
They appealed, and won.
GA counter appealed, and lost.
GA appealed to the SC and won.

Unless I got lost somewhere along the way...

[Mr Gray]

I am among them.  But any translation is open to interpretation, as you well know, even professional ones.

So amateur ones are very dangerous.  There really is no point in arguing over the precise meanings in a translated word or phrase.

absolutely...so we still do not really know if amaral has appealed against the sentence or the verdict

[Jean-Pierre]

absolutely...so we still do not really know if amaral has appealed against the sentence or the verdict

Appeals can be raised challenging facts in the case, or points of law. 

If successful, the effect on the decision of the court will then be determined. 

[Mr Gray]

Appeals can be raised challenging facts in the case, or points of law. 

If successful, the effect on the decision of the court will then be determined.

cannot an appeal be based solely against the level of damages

[Carana]

cannot an appeal be based solely against the level of damages

Turn it around. He may hope to overturn the ruling entirely, or simply limit the amount awarded in compensation. In order to attempt to do so, he has to challenge the bases of the ruling (based on points of law or fact, or both).

[Mr Gray]

Turn it around. He may hope to overturn the ruling entirely, or simply limit the amount awarded in compensation. In order to attempt to do so, he has to challenge the bases of the ruling (based on points of law or fact, or both).

that's fine...so he cannot simply challenge the level of damages based on the fact that they are excessive and never before seen in Portugal...according to our Portuguese posters

[Montclair]

Yep, but the injunction circus seems to have been more complicated than that, according to Kate's book.

An injunction was filed, which was rejected (any damage already done).
They appealed, and won.
GA counter appealed, and lost.
GA appealed to the SC and won.

Unless I got lost somewhere along the way...

Not correct, sorry.

An injunction was filed, there were then the court hearings. The judge in that case upheld the injunction. Gonçalo Amaral appealed and won when the Tribunal da Relação overturned the injunction and the book ban. The McCanns then appealed to the Supreme Court and lost.

[Jean-Pierre]

Turn it around. He may hope to overturn the ruling entirely, or simply limit the amount awarded in compensation. In order to attempt to do so, he has to challenge the bases of the ruling (based on points of law or fact, or both).

Exactly Carana

He will need to present a case to overturn the judgement of the court.

There was an earlier mention of referral to the ECHR. 

This is often bandied about as a possibility by disgruntled litigants.  "if I don't get satisfaction I'll take my case to the ECHR".

There are two points to consider.

• The ECHR can only accept cases where a right under the ECHR has been breached.
  
  And it can only accept a case where that right has been denied by a state which has signed the treaty.  It cannot act against an individual. 

In this case, it is a civil case "McCanns V Amaral" which should give a clue as to his chances of success.