Luz declares the Portuguese libel trial is not a libel trial ?

[Carana]

I have seen no evidence to suggest that The McCanns lost the right to act for their daughter when she was a made a Ward of Court. Indeed, they requested it.  It was only done to ensure that Madeleine would be returned immediately to British jurisdiction should some party try to prevent this.  And there has never been any doubt that Madeleine would be returned to them when she is found.

This has just been a delaying tactic as far as I can see.

Yes, we know why they requested it, but unless there is special dispensation over certain matters in her case, prior authorisation seems to be needed for all sorts of things.

This is worth a read.

http://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_12d

[stephen25000]

Let's just see how it plays out.

Now the digs are about to commence, and if the police find a body, it will have considerable ramifications for the case.

[Eleanor]

Yes, we know why they requested it, but unless there is special dispensation over certain matters in her case, prior authorisation seems to be needed for all sorts of things.

This is worth a read.

http://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_12d

Yes, I know you know why, but they don't appear to have given up their entire legal rights  And according to Jean Pierre, The McCanns are still Madeleine's legal guardians.

I also find it very difficult to believe that their legal representatives are this ignorant.  Although I have to say that I don't care all that much.  How much was never of prime concern to The McCanns.

[Carana]

Yes, I know you know why, but they don't appear to have given up their entire legal rights  And according to Jean Pierre, The McCanns are still Madeleine's legal guardians.

I also find it very difficult to believe that their legal representatives are this ignorant.  Although I have to say that I don't care all that much.  How much was never of prime concern to The McCanns.

They are her legal guardians. However, the key bit seems to be the legal interpretation of this:

1.3

The court's wardship jurisdiction is part of and not separate from the court's inherent jurisdiction. The distinguishing characteristics of wardship are that –

(a) custody of a child who is a ward is vested in the court; and

(b) although day to day care and control of the ward is given to an individual or to a local authority, no important step can be taken in the child's life without the court's consent.[/b]

And

2.3

The following proceedings in relation to a ward of court will be dealt with in the High Court unless the nature of the issues of fact or law makes them more suitable for hearing in the family court –

(snip)

(f) those in which there is a substantial foreign element;

This, of course, is simply what's on that site. It's still possible that they did receive authorisation and it simply wasn't submitted due to some administrative glitch (if, indeed, it was actually required in the first place). There is no way of knowing from the little information so far.

[Eleanor]

"If indeed, it was actually required in the first place."

I really don't like the term, "Time will tell."  I have been hearing it for seven years.  And even more so in the last four years.  During that time Amaral has done everything in his power to delay and disrupt this Trial.  This is what I think he is doing now.
Do they honestly believe that The British Legal System is this stupid?

[slartibartfast]

Snip

This, of course, is simply what's on that site. It's still possible that they did receive authorisation and it simply wasn't submitted due to some administrative glitch (if, indeed, it was actually required in the first place). There is no way of knowing from the little information so far.

If they had received authorisation from the court to sue on behalf of M do you honestly think they wouldn't have presented it to the PT court?

[Carana]

If they had received authorisation from the court to sue on behalf of M do you honestly think they wouldn't have presented it to the PT court?

I have no idea. There could have been an administrative screw up for all anyone knows. Or it may not have been deemed necessary to obtain authorisation in these particular circumstances. I have no problem with the judge questioning the issue, that's her job.

The judge may eventually rule that the lack of legal paperwork (should that be the case) means that Madeleine's interests can't be represented.

I'm not really surprised that he and co-defendants have tried to get potential damage to Madeleine eliminated on a technicality.

At the end of the day, it still wouldn't mean that his assertions that she died in 5A and the parents were involved are in any way established facts, although I fully expect some quarters to interpret any such ruling in that way.

 

[misty]

What names are given as the plaintiffs on the original writ?

[Carana]

What names are given as the plaintiffs on the original writ?

Kate and Gerry, Madeleine and the twins, according to the injunction document.

[misty]

Kate and Gerry, Madeleine and the twins, according to the injunction document.

Thank you, Carana.

[Mr Gray]

I wondered if as the ban has been overturned...is the book now freely available in Portugal..it appears it isnt and no shops are stocking it.....

[jassi]

Perhaps the Portuguese are rather tired of the whole business and really don't want to be reading anything about it in their free time.

[Mr Gray]

Perhaps the Portuguese are rather tired of the whole business and really don't want to be reading anything about it in their free time.

yes I agree so the overturning of the ban serves no purpose..no none wants to read the book

[stephen25000]

yes I agree so the overturning of the ban serves no purpose..no none wants to read the book

How do you know that ?

I'll test that principle tomorrow.

[Mr Gray]

How do you know that ?

I'll test that principle tomorrow.

the book is not being stocked in Portuguese  bookshops...shops like to make money and stock what sells ...why do you think they are not stocking it