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

[pegasus]

It's only effective if the money has reached the correct destination.
Perhaps a statement from Ms Baulch about why she was "sold down the river" would be in order, just to clarify matters for the contributors.

I challenge you to name any other fund associated with this case that gives you any indication at all how much it has received this year?
Or to name any other fund in this case which accurately states what its objects are?

[misty]

I challenge you to name any other fund associated with this case that gives you any indication at all how much it has received this year?
Or to name any other fund in this case which accurately states what its objects are?

Missing People?

[Brietta]

Aren't people interested who they are sending money to?

[mercury]

Aren't people interested who they are sending money to?

SO who are they sending it to that means Mr Amaral or his defence team is not getting it...and do you seriously think Mr Amaral  who is a qualified lawyer and his lawyers would have been sending thank you messages if they weren't getting a penny? what are you on? Making mountains out of, well, less than molehills, not sure what a smaller thing than a molehill is though, but fits better

there been no reason to suspect anything improper going on here UNLIKE the "Madeleine Fund" but small minds will pour over as vultures over a mere 30k for someone trying to defend themselves against a Goliath  instead of 5 million plus K because they don't like the bloke!

 

Ps what your astute and probing mind might have selected to think about might have been why the Mccanns asked the courts IE to freeze all his money and assets this NOT enabling him to even have the ability to mount any defence to them! Despicable at best don't you think? Hardly fair and just...but then we know the Mccanns are vexatious litigants...

[misty]

Ok, but how about naming a fund associated only with this case, that states its aims accurately, and gives you any indication how much it has received this year?
 PJGA and PJGA gofundme qualify. Any others?.

SY/Operation Grange?

[mercury]

SY/Operation Grange?

You make me laugh misty despite me disagreeing with you in issues, Gnite

[jassi]

Aren't people interested who they are sending money to?

I think you would need to ask them about that. Clearly people are happy to donate, there is no coercion involved.

[Brietta]

I think you would need to ask them about that. Clearly people are happy to donate, there is no coercion involved.

People seemed delighted to dig into their pockets for Mr Amaral's appeal fund ... and that is their right.

It is also the right of people to donate to Madeleine's fund if that is what they wish to do ... and I cannot see how sceptics think one is fine and the other suspect ... and go on about Madeleine's fund interminably.

At least in the beginning Ms Baulch was a visible link and it may be due to her effort that to date £38000+ has been raised in contributions.  Whether or not "Portimao PC" will have the same resonance remains to  be seen.

[stephen25000]

People seemed delighted to dig into their pockets for Mr Amaral's appeal fund ... and that is their right.

It is also the right of people to donate to Madeleine's fund if that is what they wish to do ... and I cannot see how sceptics think one is fine and the other suspect ... and go on about Madeleine's fund interminably.

At least in the beginning Ms Baulch was a visible link and it may be due to her effort that to date £38000+ has been raised in contributions.  Whether or not "Portimao PC" will have the same resonance remains to  be seen.

What have you suggested about the way  that donations to Amaral's fund  have taken place ?

[Carana]

Question for any legal eagles

Could you explain what this sentence means, please?


The general rule is that the appeal does not suspend the proceedings unless the appealing party pays a deposit or presents a bank guarantee.




8. Appeal

8.1 Grounds for appeal

The general rule is that a party may appeal to the court of second instance (“Tribunal da Relação”) when the value of the lawsuit is higher than EUR5,000 and the decision is unfavourable to the appealing party in an amount higher than EUR2,500.01 (Cf. Article 629 of the CPC). The court of second instance decides both on legal and factual issues.

A party may appeal to the Supreme Court when the value of the lawsuit is higher than EUR30,000 and the decision is unfavourable to the appealing party in an amount higher than EUR15,000.01.

The Supreme Court only rules on legal issues and, in most cases, cannot revoke the second instance judgment concerning the proven facts.

In most cases the parties cannot move to the Supreme Court if the first and the second instance courts have issued identical decisions with similar grounds.

The general rule is that the appeal does not suspend the proceedings unless the appealing party pays a deposit or presents a bank guarantee.


PS


Ahhh


Artigo 647.º (art.º 692.º CPC 1961)
Efeito da apelação
1 - A apelação tem efeito meramente devolutivo, exceto nos casos previstos nos números seguintes.
2 - A apelação tem efeito suspensivo do processo nos casos previstos na lei.
3 - Tem efeito suspensivo da decisão a apelação:
a) Da decisão que ponha termo ao processo em ações sobre o estado das pessoas;
b) Da decisão que ponha termo ao processo nas ações referidas nas alíneas a) e b) do n.º 3 do artigo 629.º e nas que respeitem à posse ou à propriedade de casa de habitação;
c) Do despacho de indeferimento do incidente processado por apenso;
d) Do despacho que indefira liminarmente ou não ordene a providência cautelar;
e) Das decisões previstas nas alíneas e) e f) do n.º 2 do artigo 644.º;
f) Nos demais casos previstos por lei.
4 - Fora dos casos previstos no número anterior, o recorrente pode requerer, ao interpor o recurso, que a apelação tenha efeito suspensivo quando a execução da decisão lhe cause prejuízo considerável e se ofereça para prestar caução, ficando a atribuição desse efeito condicionada à efetiva prestação da caução no prazo fixado pelo tribunal.

[Brietta]

Question for any legal eagles

Could you explain what this sentence means, please?


The general rule is that the appeal does not suspend the proceedings unless the appealing party pays a deposit or presents a bank guarantee.




8. Appeal

8.1 Grounds for appeal

The general rule is that a party may appeal to the court of second instance (“Tribunal da Relação”) when the value of the lawsuit is higher than EUR5,000 and the decision is unfavourable to the appealing party in an amount higher than EUR2,500.01 (Cf. Article 629 of the CPC). The court of second instance decides both on legal and factual issues.

A party may appeal to the Supreme Court when the value of the lawsuit is higher than EUR30,000 and the decision is unfavourable to the appealing party in an amount higher than EUR15,000.01.

The Supreme Court only rules on legal issues and, in most cases, cannot revoke the second instance judgment concerning the proven facts.

In most cases the parties cannot move to the Supreme Court if the first and the second instance courts have issued identical decisions with similar grounds.

The general rule is that the appeal does not suspend the proceedings unless the appealing party pays a deposit or presents a bank guarantee.


PS


Ahhh


Artigo 647.º (art.º 692.º CPC 1961)
Efeito da apelação
1 - A apelação tem efeito meramente devolutivo, exceto nos casos previstos nos números seguintes.
2 - A apelação tem efeito suspensivo do processo nos casos previstos na lei.
3 - Tem efeito suspensivo da decisão a apelação:
a) Da decisão que ponha termo ao processo em ações sobre o estado das pessoas;
b) Da decisão que ponha termo ao processo nas ações referidas nas alíneas a) e b) do n.º 3 do artigo 629.º e nas que respeitem à posse ou à propriedade de casa de habitação;
c) Do despacho de indeferimento do incidente processado por apenso;
d) Do despacho que indefira liminarmente ou não ordene a providência cautelar;
e) Das decisões previstas nas alíneas e) e f) do n.º 2 do artigo 644.º;
f) Nos demais casos previstos por lei.
4 - Fora dos casos previstos no número anterior, o recorrente pode requerer, ao interpor o recurso, que a apelação tenha efeito suspensivo quando a execução da decisão lhe cause prejuízo considerável e se ofereça para prestar caução, ficando a atribuição desse efeito condicionada à efetiva prestação da caução no prazo fixado pelo tribunal.

I didn't know what "suspensive" meant ... while having a look I found this which mirrors an explanation of the appeals process given to us either by you of Jean Pierre.

 
**Snip
In most jurisdictions, the court of appeal is not at liberty to reverse any decision of the lower court (either a verdict from a jury or judge), even if they disagree with the verdict. The issue to be resolved is not whether the jury or judge was wrong, but whether the conclusions were reasonable. A lower court’s findings of fact cannot be reversed on appeal unless the appealing party, (the appellant), demonstrates that a reasonable basis does not exist for the finding of the trial court and the finding is clearly wrong. Thus, a court of appeal will usually defer to the trial court regarding factual findings and not reverse the decision unless it is manifestly erroneous.

This is also true with respect to the determination of fault. An appellate court will generally not disturb a lower court’s allocation of fault between the parties unless it too is clearly wrong or manifestly erroneous.

An appellate court will review a lower court’s determination of law without giving the deference it gives to issues of fact. Thus, unlike factual determinations, if the court of appeals disagrees with the lower court’s application of law, it can reverse the decision.
http://www.medicalmalpracticelouisiana.com/legal-process/what-are-appeals-and-when-are-they-filed

[ferryman]

I didn't know what "suspensive" meant ... while having a look I found this which mirrors an explanation of the appeals process given to us either by you of Jean Pierre.

 
**Snip
In most jurisdictions, the court of appeal is not at liberty to reverse any decision of the lower court (either a verdict from a jury or judge), even if they disagree with the verdict. The issue to be resolved is not whether the jury or judge was wrong, but whether the conclusions were reasonable. A lower court’s findings of fact cannot be reversed on appeal unless the appealing party, (the appellant), demonstrates that a reasonable basis does not exist for the finding of the trial court and the finding is clearly wrong. Thus, a court of appeal will usually defer to the trial court regarding factual findings and not reverse the decision unless it is manifestly erroneous.

This is also true with respect to the determination of fault. An appellate court will generally not disturb a lower court’s allocation of fault between the parties unless it too is clearly wrong or manifestly erroneous.

An appellate court will review a lower court’s determination of law without giving the deference it gives to issues of fact. Thus, unlike factual determinations, if the court of appeals disagrees with the lower court’s application of law, it can reverse the decision.
http://www.medicalmalpracticelouisiana.com/legal-process/what-are-appeals-and-when-are-they-filed

So, only where the higher court considers the lower court has screwed up on points of law wiill it reverse the decision of the lower court (uphold an appeal).

As discussed before, Amaral has an automatic right to lodge an appeal, but not an automatic right to expect that it will be allowed, or even heard ....

[Brietta]

So, only where the higher court considers the lower court has screwed up on points of law wiill it reverse the decision of the lower court (uphold an appeal).

As discussed before, Amaral has an automatic right to lodge an appeal, but not an automatic right to expect that it will be allowed, or even heard ....

Different jurisdiction (USA) but it looks like very similar jurisprudence to me.  I don't think Mr Amaral had any choice but to appeal if he wanted to retain any of the money he made from his book on Madeleine McCann. 

I think it is as more learned posters have said, not an appeal about the Judge's decision but about the amount of the award.  So even if Mr Amaral's appeal is allowed and he goes on to win a reduction in the amount awarded against him (which I think is unlikely) ... the money is all that will be in his favour ... his reputation remains in tatters and his lucrative career as a media pundit will have probably received a blow from which it cannot recover.

[stephen25000]

Different jurisdiction (USA) but it looks like very similar jurisprudence to me.  I don't think Mr Amaral had any choice but to appeal if he wanted to retain any of the money he made from his book on Madeleine McCann. 

I think it is as more learned posters have said, not an appeal about the Judge's decision but about the amount of the award.  So even if Mr Amaral's appeal is allowed and he goes on to win a reduction in the amount awarded against him (which I think is unlikely) ... the money is all that will be in his favour ... his reputation remains in tatters and his lucrative career as a media pundit will have probably received a blow from which it cannot recover.

Now that's a classic.

 

[ferryman]

Different jurisdiction (USA) but it looks like very similar jurisprudence to me.  I don't think Mr Amaral had any choice but to appeal if he wanted to retain any of the money he made from his book on Madeleine McCann. 

I think it is as more learned posters have said, not an appeal about the Judge's decision but about the amount of the award.  So even if Mr Amaral's appeal is allowed and he goes on to win a reduction in the amount awarded against him (which I think is unlikely) ... the money is all that will be in his favour ... his reputation remains in tatters and his lucrative career as a media pundit will have probably received a blow from which it cannot recover.

Good summary.

Do the people blindly pouring money into his gofundme account know?