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

[stephen25000]

always could

Of course dave. *&*%£

[Jean-Pierre]

In this context "sentença " is most accurately transalted as "decision" which encompasses the verdict of the court on the various issue raised, and the remedy. 

[slartibartfast]

In this context "sentença " is most accurately transalted as "decision" which encompasses the verdict of the court on the various issue raised, and the remedy.

A voice of reason, thanks.

[stephen25000]

In this context "sentença " is most accurately transalted as "decision" which encompasses the verdict of the court on the various issue raised, and the remedy.

Thank you for that JP.

[Carana]

Questions for you, JP:

- Can any elements from the injunction phase be brought up (e.g., if it was felt that points weren't adequately considered by the judge) or is that necessarily done and dusted?

- Can any new factual material be introduced to support an argument (by either side)?

[Carana]

In this context "sentença " is most accurately transalted as "decision" which encompasses the verdict of the court on the various issue raised, and the remedy.

I'd agree, but I wonder why he said "sentença" and not "decisção"?
Hoje, dia 15 de Junho, deu entrada no Tribunal Cível de Lisboa o meu recurso de apelação contra a sentença anteriormente proferida no julgamento relativo ao meu livro, "Maddie, A Verdade da Mentira".

[Brietta]

A voice of reason, thanks.

It certainly illustrates the nuances where the translation of just one word can totally alter the meaning of a sentence.

[Jean-Pierre]

Questions for you, JP:

- Can any elements from the injunction phase be brought up (e.g., if it was felt that points weren't adequately considered by the judge) or is that necessarily done and dusted?

- Can any new factual material be introduced to support an argument (by either side)?

It is important to understand that an appeal is not a retrial.  The appeal will concern itself with the points raised by the appellant. 

In exceptional circumstances, the appeal court will allow one or other party to introduce, by affidavit, new evidence on matters that weren’t heard at the original trial.

However, before the appeal court will hear that evidence, the court must be persuaded that:

the evidence could not have been called at trial,
• the evidence is relevant because it relates to an issue that was a deciding factor,
• the evidence is reliable, and
• the evidence could reasonably be expected to have affected the outcome (when taken with the other evidence presented at the trial).

It’s hard to satisfy all of these conditions, so applications to introduce new evidence are very rarely successful.

[Carana]

It certainly illustrates the nuances where the translation of just one word can totally alter the meaning of a sentence.

Was the pun intended? ;)

[Carana]

It is important to understand that an appeal is not a retrial.  The appeal will concern itself with the points raised by the appellant. 

In exceptional circumstances, the appeal court will allow one or other party to introduce, by affidavit, new evidence on matters that weren’t heard at the original trial.

However, before the appeal court will hear that evidence, the court must be persuaded that:

the evidence could not have been called at trial,
• the evidence is relevant because it relates to an issue that was a deciding factor,
• the evidence is reliable, and
• the evidence could reasonably be expected to have affected the outcome (when taken with the other evidence presented at the trial).

It’s hard to satisfy all of these conditions, so applications to introduce new evidence are very rarely successful.

I was aware that it wouldn't be a retrial, but thanks for clarifying that point.

What about the first question?

[Jean-Pierre]

I was aware that it wouldn't be a retrial, but thanks for clarifying that point.

What about the first question?

The answer to the first question is:  The appeal will concern itself with the points raised by the appellant.

It will not concern itself with points from the previous phase (unless they have a direct impact on the matters raised by the appellant).

[Brietta]

Was the pun intended? ;)

                                Nope ... and it took me ages to see it!!

[Carana]

The answer to the first question is:  The appeal will concern itself with the points raised by the appellant.

It will not concern itself with points from the previous phase (unless they have a direct impact on the matters raised by the appellant).

Thanks, that's what I thought. Reference appears to be made to some kind of instruction phase. If that's the case, I imagine that some points would have been battled out then, but then Amaral has a habit of changing lawyers.

[John]

UPDATE

Maddie cop launches appeal against McCann’s record damages ‘win’ of €500,000



15 June 2015



Following a huge crowd-funding drive that has raised over £29,000 from well-wishers almost exclusively from the UK, former police inspector Gonçalo Amaral has today filed his appeal against the €500,000-plus damages awarded against him in a civil case taken out by the parents of Madeleine McCann. The Projecto Justiça Gonçalo Amaral published the news this morning, thanking “each and every one” of the nearly 2000 people who have given money to the British gofundme appeal that has helped take Amaral’s legal fight to its next stage. As the message went out, donations continued apace - with over £390 raised in a matter of hours. Several of the day’s donors commented this was “news worth celebrating”, but more than one suggested the story is “unlikely to be covered by mainstream media”. Indeed, by coincidence British media is much more focused today on Madeleine’s mother Kate who is leading a bike ride for a missing people’s charity. Kate McCann has told reporters that she is “really encouraged” by progress being made by police in the eight-year hunt for her daughter. Meantime, the gofundme appeal - started by a young Birmingham woman who was only 14 when Madeleine went missing - is set to continue. Updates are promised - though with the speed of Portuguese justice it is anyone’s guess when Amaral’s appeal will be set a date for hearing. As readers may be aware, the long-running civil case taken out by Madeleine’s parents centred on claims Amaral made in his book The Truth of the Lie in which he suggested the McCanns had faked their daughter’s abduction. The McCann’s said the book caused them “devastation, desperation, anxiety and pain”. Amaral’s supporters however claim they “will not let this case pass into obscurity” and “do not tolerate the leaving of unanswered questions”.
 
natasha.donn@algarveresident.com

www.portugalresident.com/maddie-cop-launches-appeal-against-mccann’s-record-damages-‘win’-of-€500000

[Jean-Pierre]

Thanks, that's what I thought. Reference appears to be made to some kind of instruction phase. If that's the case, I imagine that some points would have been battled out then, but then Amaral has a habit of changing lawyers.

The higher court will confine itself to matters that the appellant disputes, and is able to provide reasons why the decision should be modified or reversed.  This latter point is important - it is not enough for the appellant to say "I disagree" or "I don't like the decision" - he or she must argue their case. 

The respondants will then have a chance to submit their argument(s) in writing, and the case will then be considered by the court.  The court may choose to request the sides to present their cases in person.

If the second court produces the same decision, then the matter ends there.  If there is a dispute, it may proceed to the supreme court.