Compensation and the WOC Issue.

[faithlilly]

If it has been decided that the McCanns can't, because she is a WOC, sue Amaral in Madeleine's name is it right that they are using money from her search fund to try and gain compensation for their own pain and distress over the book ?

 

[slartibartfast]

If it has been decided that the McCanns can't, because she is a WOC, sue Amaral in Madeleine's name is it right that they are using money from her search fund to try and gain compensation for their own pain and distress over the book ?

Very good point.

[ferryman]

The McCanns have already brought actions in Madeleine's name.

If there was a problem with that, it would have been flagged up long ago.

[Alfred R Jones]

The case against Amaral would presumably have been thrown out of court by now if the WOC issue meant that the McCanns could not bring an action against him.

[Mr Gray]

The case against Amaral would presumably have been thrown out of court by now if the WOC issue meant that the McCanns could not bring an action against him.

The WOC issue is not an attampt to get the case thrown out but to reduce damges....another sign that amaral knows he has lost

[faithlilly]

The McCanns have already brought actions in Madeleine's name.

If there was a problem with that, it would have been flagged up long ago.

Well the judge in this case doesn't seem to concur with your ferryman as she has asked for permission from the High Court that the McCanns be allowed to act for Madeleine.

However that is not the point of the OP. I asked whether the McCanns should be allowed to use their daughter's fund to sue Amaral when they are not legally allowed to proceed with litigation in her name ?

[faithlilly]

The case against Amaral would presumably have been thrown out of court by now if the WOC issue meant that the McCanns could not bring an action against him.

The McCanns can bring an action against Amaral but only in their and the twins names. The question is should they be using the fund, which is in Madeleine's name to do it ?

[Mr Gray]

Well the judge in this case doesn't seem to concur with your ferryman as she has asked for permission from the High Court that the McCanns be allowed to act for Madeleine.

However that is not the point of the OP. I asked whether the McCanns should be allowed to use their daughter's fund to sue Amaral when they are not legally allowed to proceed with litigation in her name ?

It is clear that saying maddie is dead will harm the search for her....defaming her parents will harm the search....the libel action is justified within the terms and condition of the fund

[Carew]

The McCanns can bring an action against Amaral but only in their and the twins names. The question is should they be using the fund, which is in Madeleine's name to do it ?

3.1.3 "To provide support, including financial assistance, to Madeleine’s family"

That aim covers anything and everything.

[jassi]

Clearly they anticipated being in for the long haul when that was written.

[faithlilly]

It is clear that saying maddie is dead will harm the search for her....defaming her parents will harm the search....the libel action is justified within the terms and condition of the fund

No it isn't if her parents are not legally entitled to act for her as she is a WOC.

[faithlilly]

Clearly they anticipated being in for the long haul when that was written.

Clearly Jassi !

[Eleanor]

The McCanns can bring an action against Amaral but only in their and the twins names. The question is should they be using the fund, which is in Madeleine's name to do it ?

Are we absolutely certain that The Fund is being used to sue Goncalo Amaral.

[faithlilly]

Are we absolutely certain that The Fund is being used to sue Goncalo Amaral.

According to John McCann it is.

[Eleanor]

According to John McCann it is.

I am not entirely sure that this is true.  I believe some legal fees were paid from The Fund when it was being set up, but I have seen no proof of anything further.