Author Topic: Ward of Court: Decision issued by Judge in Libel Trial  (Read 22930 times)

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Offline John

Re: Ward of Court: Decision issued by Judge in Libel Trial
« Reply #30 on: January 29, 2015, 03:03:29 PM »
The fact that the Judge issued a reminder to the plaintiff's lawyer in respect of this issue is interesting.  Could there be some reluctance on behalf of the English High Court to issue such authorisation?

Accordingly, I calculate that it must be provided by Friday 20th February 2015.

« Last Edit: January 29, 2015, 03:15:53 PM by John »
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline Alice Purjorick

Re: Ward of Court: Decision issued by Judge in Libel Trial
« Reply #31 on: January 29, 2015, 04:13:38 PM »
The fact that the Judge issued a reminder to the plaintiff's lawyer in respect of this issue is interesting.  Could there be some reluctance on behalf of the English High Court to issue such authorisation?

Accordingly, I calculate that it must be provided by Friday 20th February 2015.

Bearing in mind judge has now stated that in her opinion "The Book" did not impede the search and there is no mention in her deliberations that Madeleine had suffered a legally recognisable harm is the WoC issue now relevant?
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Brietta

Re: Ward of Court: Decision issued by Judge in Libel Trial
« Reply #32 on: January 29, 2015, 04:31:12 PM »

I'm not sure why the WOC issue has arisen:  if my reading of the Judgement of Mrs Justice Hogg is a correct one there is precedent that the High Court allows action to be taken by the parents of Madeleine McCann on her behalf.

The action against Leicestershire Police was raised and heard apparently without the necessity for prior permission to be granted.

I think this may have just been another attempt at delay which we've heard nothing more about because it was found to be spurious ... bearing in mind that it was after Justice Hogg's ruling on July 7th 2008 that some of the lower echelons in society started campaigns aimed at having Madeleine McCann declared dead.

**snip
The Telegraph can also disclose that Madeleine was made a ward of court last summer at the request of the McCanns, to empower judges to act in her best interests in any legal dispute such as the case which is about to be heard.
Clarence Mitchell, the McCanns’ spokesman, said: “I can state that on the instigation of Gerry and Kate McCann Madeleine is a ward of the High Court of England and Wales.
An application has been made on Madeleine’s behalf by her parents for disclosure of certain documents. The hearing is currently scheduled for July 7 in the High Court in London.   http://www.telegraph.co.uk/news/newstopics/madeleinemccann/2164743/Madeleine-McCann-parents-court-bid-for-information.html


IN THE MATTER OF MADELEINE BETH MCCANN     Judgement of Mrs Justice Hogg at the High Court, Family Division, RCJ, London,  7th July 2008, in open court   Madeleine
   :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

On 17 May 2007 Madeleine’s parents invoked the jurisdiction of this Court under the Inherent Jurisdiction of the Court, and The Child Abduction and Custody Act, and the Hague Convention. They sought various orders and directions aimed at ascertaining the whereabouts and recovery of Madeleine. I became involved with the proceedings shortly afterwards.

On 2 April 2008 Madeleine became a Ward of this Court, and since that date has remained a Ward.

At all times jurisdiction was assumed by the Court because, there being no evidence to the contrary, it is presumed Madeleine is alive.

She is a British Citizen, and like her parents habitually resident here.

The current application was made on 2 April 2008 by the parents seeking disclosure of information and documents from the Chief Constable of Leicestershire to assist them and their own investigations in their search for Madeleine. Such are the complexities of the issues involved other interested parties were invited and joined to the application, and directions given for the hearing today.

The parties have reached an accommodation whereby the Chief Constable will provide to Madeleine’s parents contact details of members of the public who had themselves contacted the parents or their solicitors, and which on receipt were immediately passed to the Chief Constable, together with a brief resume of the information given.

The parents do not wish to pursue other aspects of the application, and save for the draft consent order being approved by this Court wish to withdraw their application and seek leave to do so.

I have no criticism of the parents in making this application. They have behaved responsibly and reasonably throughout.

I have considered the documents provided to this Court by the various parties, and have concluded that the agreement reached by the parties is entirely appropriate, and that the parents should be permitted to withdraw the balance of their application.

:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

I confirm the Wardship and Madeleine will remain a Ward of Court until further Order of the Court. The case will be reserved to myself subject to my availability.                 

http://docslide.net/documents/judgment-madeleine-mccann-ward-of-court.html
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline jassi

Re: Ward of Court: Decision issued by Judge in Libel Trial
« Reply #33 on: January 29, 2015, 04:38:42 PM »
That was 2008. Perhaps things changed later on.
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline Brietta

Re: Ward of Court: Decision issued by Judge in Libel Trial
« Reply #34 on: January 29, 2015, 04:55:23 PM »
That was 2008. Perhaps things changed later on.

If there has been any change to Madeleine McCann's status or her parents' right to take action on her behalf or any change to Justice Hogg's ruling it will be a matter of record which you should be able to locate and share the link with us ... just much as I have done with the judgement of 2008.

« Last Edit: January 29, 2015, 05:10:26 PM by Anna »
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline jassi

Re: Ward of Court: Decision issued by Judge in Libel Trial
« Reply #35 on: January 29, 2015, 04:58:06 PM »
I haven't made an assertion, I made a suggestion, a possible explanation. Quite different.
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline Alice Purjorick

Re: Ward of Court: Decision issued by Judge in Libel Trial
« Reply #36 on: January 29, 2015, 05:11:30 PM »
I'm not sure why the WOC issue has arisen:  if my reading of the Judgement of Mrs Justice Hogg is a correct one there is precedent that the High Court allows action to be taken by the parents of Madeleine McCann on her behalf.

The action against Leicestershire Police was raised and heard apparently without the necessity for prior permission to be granted.

I think this may have just been another attempt at delay which we've heard nothing more about because it was found to be spurious ... bearing in mind that it was after Justice Hogg's ruling on July 7th 2008 that some of the lower echelons in society started campaigns aimed at having Madeleine McCann declared dead.

**snip
The Telegraph can also disclose that Madeleine was made a ward of court last summer at the request of the McCanns, to empower judges to act in her best interests in any legal dispute such as the case which is about to be heard.
Clarence Mitchell, the McCanns’ spokesman, said: “I can state that on the instigation of Gerry and Kate McCann Madeleine is a ward of the High Court of England and Wales.
An application has been made on Madeleine’s behalf by her parents for disclosure of certain documents. The hearing is currently scheduled for July 7 in the High Court in London.   http://www.telegraph.co.uk/news/newstopics/madeleinemccann/2164743/Madeleine-McCann-parents-court-bid-for-information.html


IN THE MATTER OF MADELEINE BETH MCCANN     Judgement of Mrs Justice Hogg at the High Court, Family Division, RCJ, London,  7th July 2008, in open court   Madeleine
   :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

On 17 May 2007 Madeleine’s parents invoked the jurisdiction of this Court under the Inherent Jurisdiction of the Court, and The Child Abduction and Custody Act, and the Hague Convention. They sought various orders and directions aimed at ascertaining the whereabouts and recovery of Madeleine. I became involved with the proceedings shortly afterwards.

On 2 April 2008 Madeleine became a Ward of this Court, and since that date has remained a Ward.

At all times jurisdiction was assumed by the Court because, there being no evidence to the contrary, it is presumed Madeleine is alive.

She is a British Citizen, and like her parents habitually resident here.

The current application was made on 2 April 2008 by the parents seeking disclosure of information and documents from the Chief Constable of Leicestershire to assist them and their own investigations in their search for Madeleine. Such are the complexities of the issues involved other interested parties were invited and joined to the application, and directions given for the hearing today.

The parties have reached an accommodation whereby the Chief Constable will provide to Madeleine’s parents contact details of members of the public who had themselves contacted the parents or their solicitors, and which on receipt were immediately passed to the Chief Constable, together with a brief resume of the information given.

The parents do not wish to pursue other aspects of the application, and save for the draft consent order being approved by this Court wish to withdraw their application and seek leave to do so.

I have no criticism of the parents in making this application. They have behaved responsibly and reasonably throughout.

I have considered the documents provided to this Court by the various parties, and have concluded that the agreement reached by the parties is entirely appropriate, and that the parents should be permitted to withdraw the balance of their application.

:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

I confirm the Wardship and Madeleine will remain a Ward of Court until further Order of the Court. The case will be reserved to myself subject to my availability.                 

http://docslide.net/documents/judgment-madeleine-mccann-ward-of-court.html

Within certain constraints which is what Judge Maria Emília de Melo e Castro ruled hence she asked for certain documentation. Whether that documentation has been provided or not who knows. Possibly events have superseded its relevance.
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Angelo222

Re: Ward of Court: Decision issued by Judge in Libel Trial
« Reply #37 on: January 31, 2015, 01:55:10 PM »
The Portuguese judge specifically raised the issue which she would not have done had authorisation already been provided.  Why the delay, is the High Court not playing ball?  I would have thought as a matter of courtesy that anyone seeking to pursue a legal action on behalf of a Ward of Court should have sought permission in the first instance from the court itself.
« Last Edit: January 31, 2015, 01:59:19 PM by Angelo222 »
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Mr Gray

Re: Ward of Court: Decision issued by Judge in Libel Trial
« Reply #38 on: January 31, 2015, 02:04:48 PM »
Bearing in mind judge has now stated that in her opinion "The Book" did not impede the search and there is no mention in her deliberations that Madeleine had suffered a legally recognisable harm is the WoC issue now relevant?

I was about to post that myself...but of course as we don't know the whole of the judges ruling yet we simply do not know if it is relevant or not.

Offline Angelo222

Re: Ward of Court: Decision issued by Judge in Libel Trial
« Reply #39 on: January 31, 2015, 02:50:51 PM »
It most certainly won't be relevant if the judge dismisses the case.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Mr Gray

Re: Ward of Court: Decision issued by Judge in Libel Trial
« Reply #40 on: January 31, 2015, 02:55:24 PM »
It most certainly won't be relevant if the judge dismisses the case.

It certainly won't be and makes you therefore wonder why it was required

Offline Angelo222

Re: Ward of Court: Decision issued by Judge in Libel Trial
« Reply #41 on: January 31, 2015, 03:24:36 PM »
It certainly won't be and makes you therefore wonder why it was required

I would have thought she was going through the motions as any judge worth her salt would do.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Anna

Re: Ward of Court: Decision issued by Judge in Libel Trial
« Reply #42 on: January 31, 2015, 03:30:09 PM »
Did the Judge, not say that she would let the trial run to the end and if necessary, remove MBM name if the wardship permissions were not received, by then?
Please correct me if I am mistaken.

Excerpt:-


Nevertheless, the judge has decided that the final court session, which will include a statement from Gerald McCann and the presentation of closing arguments from all sides, should take place regardless of the matter of the Wardship.

After that hearing is completed, the proceedings will be suspended for 30 days. During that period, Madeleine’s parents “shall arrange for the collection and documentation in the records of the British Court’s authorization for the bringing of this action on behalf of the minor Madeleine McCann”. If they fail to do so, the defendants will be “acquitted of the proceedings concerning the requests that have been formulated on behalf of the latter”.


http://pjga.blogspot.com/2014/06/ward-of-court-decision-issued-by-judge.html
“You should not honour men more than truth.”
― Plato

Offline Brietta

Re: Ward of Court: Decision issued by Judge in Libel Trial
« Reply #43 on: January 31, 2015, 03:36:05 PM »
I would have thought she was going through the motions as any judge worth her salt would do.

Didn't she make the order in response to a request from Snr Amaral's departing counsel ?
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline Anna

Re: Ward of Court: Decision issued by Judge in Libel Trial
« Reply #44 on: January 31, 2015, 03:42:44 PM »
Didn't she make the order in response to a request from Snr Amaral's departing counsel ?

I believe that to be correct, Brietta.

The 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
« Last Edit: February 07, 2015, 05:36:07 PM by John »
“You should not honour men more than truth.”
― Plato