Author Topic: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.  (Read 853198 times)

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Offline G-Unit

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3345 on: October 07, 2015, 11:02:25 PM »
I find that Oxford Bloo correctly drilled down to the basic issues in the a quo court ruling.

On the other hand, I agree with Montclair that an appeal process was likely to be accepted.

It's simply not the same system.

I agree, he helped me to understand the ruling, but he wasn't right about the appeal process.
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ferryman

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Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3346 on: October 13, 2015, 05:40:55 PM »
Just posted on gofundme:

£10
Paul Rees
3 hours ago
Tenner Tuesday. May the presiding appeal judges see how nonsensical the amount awarded was, given the farcical statements of the witnesses who undermined the McCanns' position with almost every word they uttered. Incomprehensible and just plain wrong.


Well, well.

I wonder if we have a clue of the basis of Amaral's appeal?

 


Offline G-Unit

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3347 on: October 13, 2015, 05:45:32 PM »
Just posted on gofundme:

£10
Paul Rees
3 hours ago
Tenner Tuesday. May the presiding appeal judges see how nonsensical the amount awarded was, given the farcical statements of the witnesses who undermined the McCanns' position with almost every word they uttered. Incomprehensible and just plain wrong.


Well, well.

I wonder if we have a clue of the basis of Amaral's appeal?

Why would he know?
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ferryman

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Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3348 on: October 13, 2015, 05:46:52 PM »
Why would he know?

Why wouldn't he?

Offline G-Unit

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3349 on: October 13, 2015, 05:50:58 PM »
Why wouldn't he?

Well, as far as I know he has no special relationship with Amaral. He's just giving his hopes for the appeal as he donates.
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ferryman

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Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3350 on: October 13, 2015, 05:58:14 PM »
Well, as far as I know he has no special relationship with Amaral. He's just giving his hopes for the appeal as he donates.

The formulation of Amaral's defence and the output on internet message boards does seem to show a causal relation.

A single example will suffice.  It was first mooted on message boards that the McCanns might not be able to bring a legal action in the name of their missing daughter, Madeleine.

And that tack was adopted by Amaral's legal team, but, (as we know) fell flat.

Odd, because Madeleine's name definitely featured in actions brought in respect of the injunction ....

stephen25000

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Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3351 on: October 13, 2015, 07:11:42 PM »
The formulation of Amaral's defence and the output on internet message boards does seem to show a causal relation.

A single example will suffice.  It was first mooted on message boards that the McCanns might not be able to bring a legal action in the name of their missing daughter, Madeleine.

And that tack was adopted by Amaral's legal team, but, (as we know) fell flat.

Odd, because Madeleine's name definitely featured in actions brought in respect of the injunction ....

Why not let the appeal court do it's job ?

« Last Edit: October 13, 2015, 07:13:54 PM by Eleanor »

ferryman

  • Guest
Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3352 on: November 13, 2015, 05:54:01 PM »
So what became of Amaral's confirmed appeal?

Does anyone know?

ETA:

Against the libel verdict in favour of the McCanns ....

Offline Angelo222

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3353 on: November 13, 2015, 05:58:20 PM »
So what became of Amaral's confirmed appeal?

Does anyone know?

ETA:

Against the libel verdict in favour of the McCanns ....

As you well know the word libel was not mentioned once in the court proceedings.  The McCanns sought and won damages because of the injury Mr Amaral caused to their reputations.

Personally I cannot see how any judge could come to that decision without knowing the truth surrounding Madeleine's disappearance.
« Last Edit: November 13, 2015, 06:01:21 PM by Angelo222 »
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Mr Gray

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3354 on: November 13, 2015, 06:00:23 PM »
As you well know the word libel was not mentioned once in the court proceedings.  It was a damages case.

Amaral's support site...who have paid his lawyer...based in Portugal...refer to it as a Libel trial

ferryman

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Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3355 on: November 13, 2015, 06:06:00 PM »
Amaral's support site...who have paid his lawyer...based in Portugal...refer to it as a Libel trial

Quite so.

Damage is awarded in respect of something (specified).  That might be libel, slander, nuisance or some other (uk) tort.

Don't know whether civil violations are called the same in Portugal, but broadly the same principles apply.

http://www.inbrief.co.uk/claim-preparations/the-law-of-tort.htm
« Last Edit: November 13, 2015, 06:12:14 PM by ferryman »

Offline Angelo222

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3356 on: November 13, 2015, 06:27:02 PM »
Amaral's support site...who have paid his lawyer...based in Portugal...refer to it as a Libel trial

Totally irrelevant.  As previously pointed out several times to those who don't like it, the words libel and defamation (difamação) do not appear anywhere in the official Portuguese judgement.  That's good enough for me!
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

ferryman

  • Guest
Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3357 on: November 13, 2015, 06:33:10 PM »
Totally irrelevant.  As previously pointed out several times to those who don't like it, the words libel and defamation (difamação) do not appear anywhere in the official Portuguese judgement.  That's good enough for me!

Why would you expect them to?

As has also been pointed out, damage is never paid in its own right.

It is always paid in respect of something.

stephen25000

  • Guest
Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3358 on: November 13, 2015, 06:35:50 PM »
Why would you expect them to?

As has also been pointed out, damage is never paid in its own right.

It is always paid in respect of something.

This trial should never had occurred as Angelo quote rightly stated, as the cause of Madeleine's disappearance remains unknown
« Last Edit: November 13, 2015, 07:03:40 PM by stephen25000 »

Offline Angelo222

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3359 on: November 13, 2015, 06:54:58 PM »
Why would you expect them to?

As has also been pointed out, damage is never paid in its own right.

It is always paid in respect of something.

Its clear for anyone to see, the judgement did not seek to prove defamation.  It will be an eye opener however as to what the appeal court make of it.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!