Author Topic: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.  (Read 535394 times)

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Offline jassi

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1275 on: April 22, 2016, 06:52:13 PM »
Of course he would not venture into a UK jurisdiction ... and why should he?

If he sues the McCann's for loss of earnings it will be in a Portuguese court ... but he will be expected to prove exactly how much the alleged losses are ... which will require transparency of his finances over the period for which he is making the claim.

He may be relaxed about that ... on the other hand he may not ... and there is also the possibility to be considered ... that he may not necessarily win any action he takes against the McCanns.

Can he do that?  They are not resident in Portugal, neither do they  have any assets there, so how could a Portuguese court have any jurisdiction?
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline Mr Gray

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1276 on: April 22, 2016, 06:56:55 PM »
it is the portuguese court who decide amarals book should be banned...so its the court he will need to sue...a load of bluff and bluster

Offline Montclair

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1277 on: April 22, 2016, 07:08:54 PM »
The McCanns don't have to pay the lawyers fees for the defendents, only the court costs.

Offline Eleanor

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1278 on: April 22, 2016, 07:10:40 PM »
The McCanns don't have to pay the lawyers fees for the defendents, only the court costs.

Thank you for that.

Offline Alice Purjorick

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1279 on: April 22, 2016, 07:10:50 PM »
"Under the Brussels Regulation and Lugano Convention, a creditor can enforce a debt in another country if that country uses the regulation or convention. The Brussels Regulation includes all EU countries, except Denmark; and the Lugano Convention covers members of the European Free Trade Association".
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Mr Gray

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1280 on: April 22, 2016, 07:10:59 PM »
The McCanns don't have to pay the lawyers fees for the defendents, only the court costs.

thanks for the info...so won't be too much after all

stephen25000

  • Guest
Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1281 on: April 22, 2016, 07:11:17 PM »
it is the portuguese court who decide amarals book should be banned...so its the court he will need to sue...a load of bluff and bluster

What a load of cobblers.

The action was bought by the mccanns in their quest for money.

Offline Mr Gray

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1282 on: April 22, 2016, 07:12:20 PM »
"Under the Brussels Regulation and Lugano Convention, a creditor can enforce a debt in another country if that country uses the regulation or convention. The Brussels Regulation includes all EU countries, except Denmark; and the Lugano Convention covers members of the European Free Trade Association".

#the debt has to be enforced by the country the defendant resides in...the defendant can contest it

Offline Mr Gray

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1283 on: April 22, 2016, 07:14:07 PM »
What a load of cobblers.

The action was bought by the mccanns in their quest for money.

oh dear...not  a very educated answer ..the mccanns can't ban the book...it was the courts decision...any sensible person will see I have  a very valid point

Offline Alice Purjorick

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1284 on: April 22, 2016, 07:18:28 PM »
#the debt has to be enforced by the country the defendant resides in...the defendant can contest it

So ? did I say differently somewhere?
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Mr Gray

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1285 on: April 22, 2016, 07:19:54 PM »
So ? did I say differently somewhere?

my abject apologies

Offline pegasus

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1286 on: April 22, 2016, 07:27:24 PM »
...

Here is an on-topic maths question for Davel - add the number of prime ministers who personally phoned GM in 2007, to the number of foreign secretaries who personally phoned GM in 2007, and what do you get?
« Last Edit: April 23, 2016, 06:31:40 AM by ShiningInLuz »

Offline Mr Gray

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1287 on: April 22, 2016, 07:30:59 PM »
...
I took maths pure and applied with mechanics at both A and Special level around 1968... I have not used it since...don't expect me to remember all of it after almost 50 yrs
« Last Edit: April 23, 2016, 06:33:17 AM by ShiningInLuz »

stephen25000

  • Guest
Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1288 on: April 22, 2016, 07:38:47 PM »
...

Now back to topic.

Amaral has won the case and it will be difficult to justify an appeal to the Supreme Court.

Then I will  await his cases for damages against the mccanns and those others who libelled him.
« Last Edit: April 23, 2016, 06:35:18 AM by ShiningInLuz »

Offline ChloeR

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1289 on: April 22, 2016, 07:41:04 PM »
Of course he would not venture into a UK jurisdiction ... and why should he?

If he sues the McCann's for loss of earnings it will be in a Portuguese court ... but he will be expected to prove exactly how much the alleged losses are ... which will require transparency of his finances over the period for which he is making the claim.

He may be relaxed about that ... on the other hand he may not ... and there is also the possibility to be considered ... that he may not necessarily win any action he takes against the McCanns.
Indeed..its just back on the roundabout again isn't it. They pay his costs, he sues unsuccessfully, pays theirs, etc etc. Really its nothing buy another payday for the lawyers. I'm sure he is sick of all the court crap now, and honestly..whatever you believe happened to Madeleine.. the McCanns are still surely racked with guilt and going through hell anyway even without the endless court cases all of this. Time it was all left to rest really.

(court cases, not the search)

I also don't think he lost earnings through them at all tbh, if anything he has profited from the case given the income from the book. Yes his 'good name' may have been called into question but launching another case is just tit for tat rubbish I think.

« Last Edit: April 22, 2016, 07:48:24 PM by ChloeR »