Author Topic: Are the McCanns proceeding with their libel action against Amaral ?  (Read 8647 times)

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Offline Eleanor

Re: Are the McCanns proceeding with their libel action against Amaral ?
« Reply #45 on: April 05, 2013, 12:49:54 PM »

The McCanns can't have been that keen to settle, can they?  The Trial is back on, and obviously at their request.

I believe that when the trial was called off at the last minute, a period of six months was allowed in order for the parties to negotiate a sttlement out of court

In that case, I suppose it might be that the McCanns,  presuming it was they who asked for the trial to be halted,  offered terms to Amaral,  who rejected them

There remains the possibility, does there not  (  given the six month window )  that they may continue negotiations until the terms they offer finally meet with Amaral's demands  ?

A period of 30 days was given, and not six months.  They would not have asked for a postponement without some indication from Amaral that a settlement was possible.
They retained at all times the right to refuse a settlement offer, and to go back to The Court, which is what they have done.  That hardly sounds as though they are very keen to settle.

icabodcrane

  • Guest
Re: Are the McCanns proceeding with their libel action against Amaral ?
« Reply #46 on: April 05, 2013, 02:14:09 PM »

The McCanns can't have been that keen to settle, can they?  The Trial is back on, and obviously at their request.

I believe that when the trial was called off at the last minute, a period of six months was allowed in order for the parties to negotiate a sttlement out of court

In that case, I suppose it might be that the McCanns,  presuming it was they who asked for the trial to be halted,  offered terms to Amaral,  who rejected them

There remains the possibility, does there not  (  given the six month window )  that they may continue negotiations until the terms they offer finally meet with Amaral's demands  ?

A period of 30 days was given, and not six months.  They would not have asked for a postponement without some indication from Amaral that a settlement was possible.
They retained at all times the right to refuse a settlement offer, and to go back to The Court, which is what they have done.  That hardly sounds as though they are very keen to settle.

You're guessing that though,  aren't you  ?  ...  given that the McCanns have said nothing about it

We don't know what has happened,  although in view of the fact that the McCanns have made no denial of the reports in Portuguese press and TV,  it is probably fair to assume it was they who called off the trial at the last minute   

Whether or not they are keen to settle is unknown ...  they might be  desperate  to settle for all we know,  with their lawyers having told them there is a possibity they will lose if they proceed to trial

Offline Eleanor

Re: Are the McCanns proceeding with their libel action against Amaral ?
« Reply #47 on: April 05, 2013, 04:05:58 PM »

We are all guessing, since none of the interested parties have said anything. And rightly so.  It just isn't done.

Why would Amaral not be keen to crow about this?

Sorry, I don't trust "Sources Close To."

icabodcrane

  • Guest
Re: Are the McCanns proceeding with their libel action against Amaral ?
« Reply #48 on: April 05, 2013, 04:20:40 PM »

We are all guessing, since none of the interested parties have said anything. And rightly so.  It just isn't done.

Why would Amaral not be keen to crow about this?

Sorry, I don't trust "Sources Close To."

I'm assuming Amaral  has  been speaking about this latest turn of events,  hence the reports in Portuguese press and TV stating it was the McCanns who were seeking an out of court settlement

It appears it is just the McCanns who have remained silent  then   

Perhaps,  as you suggest, they do not feel it is  'the done thing'  ...  although I cannot think why

This case never reached court, so there is no  question of undertakings having been made,  or contempt to consider

At the moment it is just a case of the McCann's lawyers v's Amaral's lawyers,  each doing what is best for their own client with no regard for the other party's welfare   ...   Lawyers aren't concerned with 'etiquette'  ...  as the UK Justice forum can testify
« Last Edit: April 05, 2013, 04:23:49 PM by icabodcrane »

Offline Eleanor

Re: Are the McCanns proceeding with their libel action against Amaral ?
« Reply #49 on: April 05, 2013, 04:41:50 PM »

We are all guessing, since none of the interested parties have said anything. And rightly so.  It just isn't done.

Why would Amaral not be keen to crow about this?

Sorry, I don't trust "Sources Close To."

I'm assuming Amaral  has  been speaking about this latest turn of events,  hence the reports in Portuguese press and TV stating it was the McCanns who were seeking an out of court settlement

It appears it is just the McCanns who have remained silent  then   

Perhaps,  as you suggest, they do not feel it is  'the done thing'  ...  although I cannot think why

This case never reached court, so there is no  question of undertakings having been made,  or contempt to consider

At the moment it is just a case of the McCann's lawyers v's Amaral's lawyers,  each doing what is best for their own client with no regard for the other party's welfare   ...   Lawyers aren't concerned with 'etiquette'  ...  as the UK Justice forum can testify

You can assume whatever you like.  You don't actually know that what is in The Portuguese Press isn't just propaganda.  You don't actually know that Amaral has said anything.

The Case is now back on The Court List at a time to be yet determined.  Although I don't understand your remark about "Contempt" since there doesn't appear to have been any.

Lawyers are very much concerned with Court Etiquette, but I can't help you if you do not understand this.