Ward of Court: Decision issued by Judge in Libel Trial

[jassi]

I believe that to be correct, Brietta.

he judge at the Civil Court of Lisbon who is trying the ‘libel’ case which Kate and Gerry McCann have filed against Gonçalo Amaral and 3 other parties has issued a decision concerning the matter of Madeleine McCann being a Ward of Court.

On the 3rd of January 2014, Gonçalo Amaral had argued before the Lisbon Court that Madeleine’s parents do not possess the necessary power to represent their daughter in this action, since the child had been made a Ward of Court in the United Kingdom.

The judge decided that Mr Amaral should present a certificate of the relevant British judicial ruling. That certificate was delivered to the Court on the 2nd of May, after a lengthy, expensive process.
http://pjga.blogspot.com/2014/06/ward-of-court-decision-issued-by-judge.html
http://miscarriageofjustice.co/index.php?topic=4530.msg212697#msg212697

I'm probably misunderstanding this, but if she already has possession of a certificate, why is she now asking for something similar from the McCanns?

[Anna]

I'm probably misunderstanding this, but if she already has possession of a certificate, why is she now asking for something similar from the McCanns?

I believe the Judge is asking the McCanns for a certificate of permission. from the wardship/court, for them, to act on behalf of Madeleine.
 Amaral was asked for proof, that she was a ward of court.
 Two different things, I believe, jassi.
Please correct me if this is inaccurate, however.

[Alice Purjorick]

I believe the Judge is asking the McCanns for a certificate of permission. from the wardship/court, for them, to act on behalf of Madeleine.
 Amaral was asked for proof, that she was a ward of court.
 Two different things, I believe, jassi.
Please correct me if this is inaccurate, however.

As I recall that is correct Anna. Dr Amaral was asked to provide evidence that MM was a WoC and that was protracted for one reason or another.
The judge in the Portuguese court, on sight, of the documents said she could not accept that Drs McCann had authority to act on Madeleine's behalf, in this particular instance, without written confirmation from The UK High Court.

[Anna]

As I recall that is correct Anna. Dr Amaral was asked to provide evidence that MM was a WoC and that was protracted for one reason or another.
The judge in the Portuguese court, on sight, of the documents said she could not accept that Drs McCann had authority to act on Madeleine's behalf, in this particular instance, without written confirmation from The UK High Court.

Thank you, Alice.

[Angelo222]

The High Court could very well refuse this permission...egg on face all round possibly?

[Miss Taken Identity]

There is something seriously sick about seeking damages for 'harm' to the McCann Children. The people who are responsible for this whole sorry mess are an affront to decency - the parents!.

They were/are using the children as their sympathy card.

It is not beyond the legal where for all that if Maddie should turn up alive she can use the law to made financial claims. ( yes ,even against her parents) for her suffering.

It should have been the case that ALL the children should have had Independent legal representation.

AND... If the twins so wished  they could sue their parents  for their suffering.

The judge could not establish the mortality of Maddie, therefore, she cannot make a judgement on her suffering as there would have to be medical evidence ( yes, we all know Little Maddie suffered) but courts like evidence. The defnce would quit rightly argue: who would receive the money if the child has been dead for 7/8 years?

[Anna]

The High Court could very well refuse this permission...egg on face all round possibly?

That is indeed a possibility, Angelo. I cant see why there would be an objection, though.
 I guess, we will just have to wait and see.

[Brietta]

The High Court could very well refuse this permission...egg on face all round possibly?

Justice Hogg has reserved everything pertaining to Madeleine McCann's wardship to herself.

She is very understanding of the traumas visited on the McCann family.  I think it is highly unlikely that she will not communicate her assent to the Portuguese judge.

[Carana]

Justice Hogg has reserved everything pertaining to Madeleine McCann's wardship to herself.

She is very understanding of the traumas visited on the McCann family.  I think it is highly unlikely that she will not communicate her assent to the Portuguese judge.

I think the issue is whether authorisation was required - and if so whether it had been sought -  back in 2009.

[Miss Taken Identity]

Justice Hogg has reserved everything pertaining to Madeleine McCann's wardship to herself.

She is very understanding of the traumas visited on the McCann family.  I think it is highly unlikely that she will not communicate her assent to the Portuguese judge.

She will also be aware of the traumas the McCanns brought upon them selves and others, including their children.

Why do the parents want money for their children suffering from a book? when it was they who placed their children in danger. I am not sure people on here can grasp this.

[Alice Purjorick]

The High Court could very well refuse this permission...egg on face all round possibly?

Possibly but I don't see it makes a fat lot of difference. The judge has said "The Book" did not impede the search. Which seems to be the only thing damages could be claimed for on Madeleine's behalf.
Let's not go down the route of the trauma she suffered because of "The Book", while in the hands of an abductor!.

[slartibartfast]

Justice Hogg has reserved everything pertaining to Madeleine McCann's wardship to herself.

She is very understanding of the traumas visited on the McCann family.  I think it is highly unlikely that she will not communicate her assent to the Portuguese judge.

Can you not see the fundamental dichotomy of those two statements.

[Brietta]

Can you not see the fundamental dichotomy of those two statements.

If you think there is a dichotomy ... do tell.

Remember it is a discussion forum not twenty questions.

[faithlilly]

The High Court could very well refuse this permission...egg on face all round possibly?

A veriitable omelette Angelo.

The McCanns have not proven the search was harmed by Amara's book so I can't really see how they can now justify using the fund to pay their legal fees. Of course if permission does not come from the High Court that will simply compound the matter.

[Alice Purjorick]

Justice Hogg has reserved everything pertaining to Madeleine McCann's wardship to herself.

She is very understanding of the traumas visited on the McCann family.  I think it is highly unlikely that she will not communicate her assent to the Portuguese judge.

Judges "do" law. It will boil down to whether Drs McCann had the legal authority to take out an action on Madeleine's behalf without permission from The High Court,of which Madeleine was a ward. No more no less.