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Author Topic: McCanns appeal to the European Court of Human Rights  (Read 530299 times)

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Offline Sunny

Re: McCanns appeal to the European Court of Human Rights
« Reply #2595 on: October 23, 2018, 04:02:30 PM »
Quote from: Davel on October 23, 2018, 03:57:04 PM
Do you really think I was really suggesting the lawyers didn't understand  the law

Did I say you did Davel?
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Offline Sunny

Re: McCanns appeal to the European Court of Human Rights
« Reply #2596 on: October 23, 2018, 04:03:25 PM »
Quote from: Alice Purjorick on October 23, 2018, 04:02:12 PM
Can anyone tell me what the Charly Gard case has to do with the McCann application?

Absolutely nothing Alice. I have asked Davel for a cite of a civil defamation or libel case being overturned by the ECHR but I don't think I have had a response yet.
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Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2597 on: October 23, 2018, 05:12:53 PM »
Quote from: Sunny on October 23, 2018, 04:03:25 PM
Absolutely nothing Alice. I have asked Davel for a cite of a civil defamation or libel case being overturned by the ECHR but I don't think I have had a response yet.

Why are you asking for a cite for something I have never claimed... What I am claiming is this..
Posters have claimed that the SC judgement is final and any ruling from the ECHR cannot change it.
Brietta posted a link to a recent case where it appears that following  a successful ECHR it seems the defendant will ask for a review of the Portuguese, court decision... Which suggests that the SC judgement us not final and can be changed following  an ECHR judgement
« Last Edit: October 23, 2018, 05:19:59 PM by Davel »
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Offline Snowgirl

Re: McCanns appeal to the European Court of Human Rights
« Reply #2598 on: October 23, 2018, 05:22:37 PM »
Quote from: Davel on October 23, 2018, 05:12:53 PM
Why are you asking for a cite for something I have never claimed... What I am claiming is this..
Posters have claimed that the SC judgement is final and any ruling from the ECHR cannot change it.
Brietta posted a link to a recent case where it appears that following  a successful ECHR it seems the defendant will ask for a review of the Portuguese, court decision... Which suggests that the SC judgement us not final and can be changed following  an ECHR judgement
The ECHR cannot  change a SC judgement .
 
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Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2599 on: October 23, 2018, 05:23:47 PM »
Quote from: Snowgirl on October 23, 2018, 05:22:37 PM
The ECHR cannot  change a SC judgement .

You obviously  haven't been following  the discussion... I have never claimed they can.
« Last Edit: October 23, 2018, 05:46:23 PM by slartibartfast »
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Offline Snowgirl

Re: McCanns appeal to the European Court of Human Rights
« Reply #2600 on: October 23, 2018, 05:33:26 PM »
Quote from: Davel on October 23, 2018, 05:23:47 PM
You obviously  haven't been following  the discussion... I have never claimed they can.
So what you're claiming is that once the ECHR has given it's judgement  then the SC will have to change it's judgement ?
   
« Last Edit: October 23, 2018, 05:46:42 PM by slartibartfast »
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Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2601 on: October 23, 2018, 05:34:27 PM »
Quote from: Snowgirl on October 23, 2018, 05:33:26 PM
So what you're claiming is that once the ECHR has given it's judgement  then the SC will have to change it's judgement ?

I haven't claimed that... That's the problem.. You and other posters contradict me but you don't understand what I am saying
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Offline Snowgirl

Re: McCanns appeal to the European Court of Human Rights
« Reply #2602 on: October 23, 2018, 05:36:16 PM »
Quote from: Davel on October 23, 2018, 05:34:27 PM
I haven't claimed that
Suggested it  then ?

Now you're saying once again ....because I've noticed this is what you do...   other posters  don't understand what you're saying.   
« Last Edit: October 23, 2018, 05:40:10 PM by Snowgirl »
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Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2603 on: October 23, 2018, 05:42:53 PM »
Quote from: Snowgirl on October 23, 2018, 05:36:16 PM
Suggested it  then ?

Now you're saying once again ....because I've noticed this is what you do...   other posters  don't understand what you're saying.

Not suggested it either.... Only the SC can review it's judgement and perhaps change it.... As is seems to be what may happen in the case posted by Brietta
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Offline Snowgirl

Re: McCanns appeal to the European Court of Human Rights
« Reply #2604 on: October 23, 2018, 05:49:36 PM »
Quote from: Davel on October 23, 2018, 05:42:53 PM
Not suggested it either.... Only the SC can review it's judgement and perhaps change it.... As is seems to be what may happen in the case posted by Brietta
So let clarify exactly why the McCanns have gone to the   ECHR?
 They want the latter to rule  that  the SC  judgement was wrong  and so they'd better change it ?  *%87
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Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #2605 on: October 23, 2018, 05:55:30 PM »
Quote from: Davel on October 23, 2018, 02:43:07 PM
You still have not been able to come up with a, reason why Charlie's, parents, applied to the ECHR.. You either don't understand  IR are in denial.. Imo

I will say it slowly for you.

This thread is about the McCann's application to the ECHR.

This discussion is about whether a Supreme Court decision can be overturned.

The Charlie Gard case is irrelevant because it wasn't dealt with by the Supreme Court.
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Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2606 on: October 23, 2018, 06:47:58 PM »
Quote from: G-Unit on October 23, 2018, 05:55:30 PM
I will say it slowly for you.

This thread is about the McCann's application to the ECHR.

This discussion is about whether a Supreme Court decision can be overturned.

The Charlie Gard case is irrelevant because it wasn't dealt with by the Supreme Court.

The case I have quoted from Briettas post concerns Portugal...the point I am making is... Is the SC judgement final.. I would say it may not be...
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Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #2607 on: October 23, 2018, 07:07:01 PM »
Quote from: Davel on October 23, 2018, 06:47:58 PM
The case I have quoted from Briettas post concerns Portugal...the point I am making is... Is the SC judgement final.. I would say it may not be...

Just speculation then. 

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Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2608 on: October 23, 2018, 08:07:17 PM »
Quote from: G-Unit on October 23, 2018, 07:07:01 PM
Just speculation then.

Who knows... I've always said... May not be.... It's just that some don't read the posts properly
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Offline Sunny

Re: McCanns appeal to the European Court of Human Rights
« Reply #2609 on: October 23, 2018, 08:17:23 PM »
Quote from: Davel on October 23, 2018, 08:07:17 PM
Who knows... I've always said... May not be.... It's just that some don't read the posts properly

So why say it then Davel?   In your hypothetical ECHR case where the McCanns win and the SC changes their judgement do the McCanns get to keep the fund money and Goncalo Amaral must pay them the money they wanted?

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