Defamation and defamatory ...

[icabodcrane]

Your jingoism aside, the overturning of the ban certainly cannot be ignored and is probably the reason the McCanns were advised to negotiate for a settlement.

I agree with your initial contention Faith but not your last one.

The overturning of the ban is strange but could be put down to the vagaries of Portuguese Courts.

It was the Court of Appeal in Lisbon which granted the libel action against the Morning Post but which Court was it which overturned the book ban?  Was it also the Lisbon Court?

The McCanns offered to settle so it is up to Mr Amaral to make an offer of compensation.  The problem for him though is that in settling the action he will have acknowledged that he wronged the McCanns.

What I don't understand is why, if the McCanns are in an unassailable position of strength, they would be prepared to  'settle'  with Amaral at all

I mean, if they have him over a barrel, as you an others seem to be suggesting,  then why not just take him to court, publically humiliate him, and take him for every penny he's got ?

My own feeling is that the McCanns are offering to settle out of court for the most obvious of reasons ...  they are not that confidant that they will win

[Benice]

Your jingoism aside, the overturning of the ban certainly cannot be ignored and is probably the reason the McCanns were advised to negotiate for a settlement.

I agree with your initial contention Faith but not your last one.

The overturning of the ban is strange but could be put down to the vagaries of Portuguese Courts.

It was the Court of Appeal in Lisbon which granted the libel action against the Morning Post but which Court was it which overturned the book ban?  Was it also the Lisbon Court?

The McCanns offered to settle so it is up to Mr Amaral to make an offer of compensation.  The problem for him though is that in settling the action he will have acknowledged that he wronged the McCanns.

What I don't understand is why, if the McCanns are in an unassailable position of strength, they would be prepared to  'settle'  with Amaral at all

I mean, if they have him over a barrel, as you an others seem to be suggesting,  then why not just take him to court, publically humiliate him, and take him for every penny he's got ?

My own feeling is that the McCanns are offering to settle out of court for the most obvious of reasons ...  they are not that confidant that they will win

But we don't know who made the first move to try to settle out of court.  It seems to have been assumed that because the McCanns applied to the Court for a 'stay' in  proceedings that they were the instigators.   But that may not be the case.  I understand that only the Plaintiffs can make such an application to the court - the Defendant has no legal right to do that.    Therefore regardless of who it was who suggested an attempt to settle,  it could only be the McCanns (the plaintiffs) who had the legal power to apply to the court for a stay so that negotiations could take place.

[debunker]

Your jingoism aside, the overturning of the ban certainly cannot be ignored and is probably the reason the McCanns were advised to negotiate for a settlement.

I agree with your initial contention Faith but not your last one.

The overturning of the ban is strange but could be put down to the vagaries of Portuguese Courts.

It was the Court of Appeal in Lisbon which granted the libel action against the Morning Post but which Court was it which overturned the book ban?  Was it also the Lisbon Court?

The McCanns offered to settle so it is up to Mr Amaral to make an offer of compensation.  The problem for him though is that in settling the action he will have acknowledged that he wronged the McCanns.

What I don't understand is why, if the McCanns are in an unassailable position of strength, they would be prepared to  'settle'  with Amaral at all

I mean, if they have him over a barrel, as you an others seem to be suggesting,  then why not just take him to court, publically humiliate him, and take him for every penny he's got ?

My own feeling is that the McCanns are offering to settle out of court for the most obvious of reasons ...  they are not that confidant that they will win

I would suggest that the way they have used the courts so far points to a reason. They only sued the Express Group who were admittedly the most vociferous and most defamatory. Once that action jhad been settled, the whole British Press (and foreign press distributing in the UK) stopped the defamation. They did not sue other media as it was stopping more than the money that was the goal. Job Done. The McCanns have largely ignored the internet, the forums and the blogosphere except where people were gaining traction with defamation. They sent a cease and desist letter to Amazon abot a pretendy profiler and had her book withdraw. Amazon will not sell any other book that would be defamatory. Job Done. Tony Bennett left the blogosphre and started defamation in the real world. He has been stopped. Job Done. They did not even bankrupt him as was their right.

I suggest that the major aim with Amaral is for him to stop the defamation. I suspect that there is some sort of similar offer as to Tony Bennett- give up the fight to defame and we will stop pursuing you for money.

[Benice]

Your jingoism aside, the overturning of the ban certainly cannot be ignored and is probably the reason the McCanns were advised to negotiate for a settlement.

I agree with your initial contention Faith but not your last one.

The overturning of the ban is strange but could be put down to the vagaries of Portuguese Courts.

It was the Court of Appeal in Lisbon which granted the libel action against the Morning Post but which Court was it which overturned the book ban?  Was it also the Lisbon Court?

The McCanns offered to settle so it is up to Mr Amaral to make an offer of compensation.  The problem for him though is that in settling the action he will have acknowledged that he wronged the McCanns.

What I don't understand is why, if the McCanns are in an unassailable position of strength, they would be prepared to  'settle'  with Amaral at all

I mean, if they have him over a barrel, as you an others seem to be suggesting,  then why not just take him to court, publically humiliate him, and take him for every penny he's got ?

My own feeling is that the McCanns are offering to settle out of court for the most obvious of reasons ...  they are not that confidant that they will win

I would suggest that the way they have used the courts so far points to a reason. They only sued the Express Group who were admittedly the most vociferous and most defamatory. Once that action jhad been settled, the whole British Press (and foreign press distributing in the UK) stopped the defamation. They did not sue other media as it was stopping more than the money that was the goal. Job Done. The McCanns have largely ignored the internet, the forums and the blogosphere except where people were gaining traction with defamation. They sent a cease and desist letter to Amazon abot a pretendy profiler and had her book withdraw. Amazon will not sell any other book that would be defamatory. Job Done. Tony Bennett left the blogosphre and started defamation in the real world. He has been stopped. Job Done. They did not even bankrupt him as was their right.

I suggest that the major aim with Amaral is for him to stop the defamation. I suspect that there is some sort of similar offer as to Tony Bennett- give up the fight to defame and we will stop pursuing you for money.

I tend to agree with that.  The McCanns are not interested in the money, except that it seemed morally wrong for Amaral to profit at their daughter's expense and I suspect that was the reason for the original amount claimed. 

IMO Their main aim as you say is to prevent Amaral from continuing to defame them.

[John]

The route of least resistance.  Mr Amaral stops being a naughty boy and everyone lives happily ever after?

[ferryman]

Your jingoism aside, the overturning of the ban certainly cannot be ignored and is probably the reason the McCanns were advised to negotiate for a settlement.

I agree with your initial contention Faith but not your last one.

The overturning of the ban is strange but could be put down to the vagaries of Portuguese Courts.

It was the Court of Appeal in Lisbon which granted the libel action against the Morning Post but which Court was it which overturned the book ban?  Was it also the Lisbon Court?

The McCanns offered to settle so it is up to Mr Amaral to make an offer of compensation.  The problem for him though is that in settling the action he will have acknowledged that he wronged the McCanns.

What I don't understand is why, if the McCanns are in an unassailable position of strength, they would be prepared to  'settle'  with Amaral at all

I mean, if they have him over a barrel, as you an others seem to be suggesting,  then why not just take him to court, publically humiliate him, and take him for every penny he's got ?

My own feeling is that the McCanns are offering to settle out of court for the most obvious of reasons ...  they are not that confidant that they will win

I think it depends, to a very large extent, what the McCanns want from the settlement.

Money is a secondary consideration, because the fund is awash with proceeds from the sale of Kate's book.  Above all, the McCanns want a judicial ruling that Amaral's book is, indeed, a work of lies, distortion and defamation.

And there would actually be a certain, delicious, irony in Amaral slinking off into the sunset with the majority of the cash locked away in a bank account bulging his own pockets, in return for a judicial ruling that his work is, indeed, a work of libel and (perhaps) a bit over for the fund.

In a country where face means so much, Amaral will be depicted as a man who kept hold of most of what matters most to him (cash) yet sold his principles down the line with a book judicially condemned as a work of libel and fiction ...

Ally that to certainty that the book will never see light of day again, and I think the McCanns will be content; Amaral's humiliation complete ...

[amaraltheofficeboy]

I thought the book was on sale again.

[AnneGuedes]

It is always advisable to negotiate a settlement out of court if possible.  The fact that Murat has won his recent libel case must be causing Amaral some discomfort (I hope!)

I don't hope so, but may be the fact Murat now won his appeal reminds him he won the appeal concerning the ban and that if he loses he can appeal as well.

[icabodcrane]

The route of least resistance.  Mr Amaral stops being a naughty boy and everyone lives happily ever after?

If Scotland Yard's review fails to produce evidence that convinces the Portuguese to reopen the case  (  which seems likely )  then the McCanns will be back in the position where no police force is actively looking for Madeleine

It will fall to them, once again,  to fund their ongoing search from the fund 

That prospect alone would surely enough for the McCanns,  if they are entirely confident of victory, to take Amaral to court and look for damages in an amount that would enable the search to continue for as long as possible

Why settle for Amaral's silence if they were sure they could have been vindicated in open court and collected a huge sum for the fund in the process ? 

[amaraltheofficeboy]

has amaral got a huge sum?

[DCI]

It is always advisable to negotiate a settlement out of court if possible.  The fact that Murat has won his recent libel case must be causing Amaral some discomfort (I hope!)

I don't hope so, but may be the fact Murat now won his appeal reminds him he won the appeal concerning the ban and that if he loses he can appeal as well.

I thought Amaral had used all his appeals, on the book action, Anne.

[AnneGuedes]

I think it depends, to a very large extent, what the McCanns want from the settlement.

Money is a secondary consideration, because the fund is awash with proceeds from the sale of Kate's book.  Above all, the McCanns want a judicial ruling that Amaral's book is, indeed, a work of lies, distortion and defamation.

And there would actually be a certain, delicious, irony in Amaral slinking off into the sunset with the majority of the cash locked away in a bank account bulging his own pockets, in return for a judicial ruling that his work is, indeed, a work of libel and (perhaps) a bit over for the fund.

In a country where face means so much, Amaral will be depicted as a man who kept hold of most of what matters most to him (cash) yet sold his principles down the line with a book judicially condemned as a work of libel and fiction ...

Ally that to certainty that the book will never see light of day again, and I think the McCanns will be content; Amaral's humiliation complete ...

Do they want a judicial ruling the book is "a work of lies, distortion and defamation." or Gonçalo Amaral's "complete humiliation" ?
The book is on sale, I doubt it sales yet, too old.

[amaraltheofficeboy]

has amaral got a huge sum?

rumours abound that he is heavily in debt or even bankrupt

probably still getting some money from his TV interview/shows though

[DCI]

I think it depends, to a very large extent, what the McCanns want from the settlement.

Money is a secondary consideration, because the fund is awash with proceeds from the sale of Kate's book.  Above all, the McCanns want a judicial ruling that Amaral's book is, indeed, a work of lies, distortion and defamation.

And there would actually be a certain, delicious, irony in Amaral slinking off into the sunset with the majority of the cash locked away in a bank account bulging his own pockets, in return for a judicial ruling that his work is, indeed, a work of libel and (perhaps) a bit over for the fund.

In a country where face means so much, Amaral will be depicted as a man who kept hold of most of what matters most to him (cash) yet sold his principles down the line with a book judicially condemned as a work of libel and fiction ...

Ally that to certainty that the book will never see light of day again, and I think the McCanns will be content; Amaral's humiliation complete ...

Do they want a judicial ruling the book is "a work of lies, distortion and defamation." or Gonçalo Amaral's "complete humiliation" ?
The book is on sale, I doubt it sales yet, too old.

I don't mind which, to be honest. He's humilated the McCann's for the last 6 years 

[amaraltheofficeboy]

he has accused and try to embarrass the Mccanns - I think think have risen far above humiliation though.