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

[Mr Gray]

The Lisbon court will be extremely interested in what the police come up with in relation to the claimed abduction.

The Lisbon court is independent and will make its own decision based on the facts of the case
It would be highly insulted that you should think it is waiting on SY

[Jean-Pierre]

The Lisbon appeal court is taking its time over this latest decision, could it be they were hoping our boys in blue would have made a wonderful breakthrough by now?

Davel is quite correct, Angelo.  The appeal court will be sticking to its remit of considering points of law and the evidence presented at the original trial, and the grounds that Dr Amaral has given for his appeal against the decision.   

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[Admin]

Davel is quite correct, Angelo.  The appeal court will be sticking to its remit of considering points of law and the evidence presented at the original trial, and the grounds that Dr Amaral has given for his appeal against the decision.   
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[ moderated ]

The Court has also to take into account live police investigations and act accordingly.  An example of this would be if Madeleine were found.  The Court would then have to refer the case back to the original judge to make appropriate changes to her judgement taking into account the claims made by both parties to the damages lawsuit.

[Alfred R Jones]

The Court has also to take into account live police investigations and act accordingly.  An example of this would be if Madeleine were found.  The Court would then have to refer the case back to the original judge to make appropriate changes to her judgement taking into account the claims made by both parties to the damages lawsuit.

Such as...?  How would Madeleine being found alter the damages judgement?

[Admin]

Such as...?  How would Madeleine being found alter the damages judgement?

That would depend on what was found, whether she was alive or dead and many other factors.  The Court of First Instance has made its decision taking into account many factors.  A breakthrough in the investigation to discover what befell Madeleine could very well alter one or more of those factors.  The CoFI judge would then be asked to review her Judgement.

[Jean-Pierre]

That would depend on what was found, whether she was alive or dead and many other factors.  The Court of First Instance has made its decision taking into account many factors.  A breakthrough in the investigation to discover what befell Madeleine could very well alter one or more of those factors.  The CoFI judge would then be asked to review her Judgement.

Are you suggesting that the appeal will be deferred or delayed pending completion of the police investigation and madeleines fate determined?

[Eleanor]

Even if the Police found Madeleine it wouldn't affect the outcome of The Trial Appeal.

Or would The Appeal Court up the damages?  I don't think so.

[Mr Gray]

That would depend on what was found, whether she was alive or dead and many other factors.  The Court of First Instance has made its decision taking into account many factors.  A breakthrough in the investigation to discover what befell Madeleine could very well alter one or more of those factors.  The CoFI judge would then be asked to review her Judgement.

I am pointing out that the court will not be waiting for any news from SY......

[jassi]

Indeed, even the law can't wait that long.

[Admin]

Are you suggesting that the appeal will be deferred or delayed pending completion of the police investigation and madeleines fate determined?

No but should evidence come to light before the CoA make their decision, that evidence could have an impact on the original decision.  That said, regardless of when the case is determined, assuming for a moment it ever will be, I foresee other lawsuits being pursued by the innocent party or parties.

[Mr Gray]

No but should evidence come to light before the CoA make their decision, that evidence could have an impact on the original decision.  That said, regardless of when the case is determined, assuming for a moment it ever will be, I foresee other lawsuits being pursued by the innocent party or parties.

Will amaral be able to appeal again if he loses

[Admin]

Members are reminded to consider carefully what they post and in which threads.  A lot of irrelevant postings have been removed recently along with several posts which were a clear breach of our rules.  Removing this material is a thankless and time consuming task for editors and moderators so please desist.

Admin

[Admin]

Will amaral be able to appeal again if he loses

There are various options available to him.

[Mr Gray]

There are various options available to him.

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I'm not sure there is
What options are you referring to

[ferryman]

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I'm not sure there is
What options are you referring to

Unless I have misunderstood Jean-Pierre's posts, if the court hearing the present appeal rules the same as the court of first instance, the McCanns will be outright winners.

I have misunderstood?