Poll

Do you think the judge will...

Rule case dismissed.
17 (42.5%)
Allow the claim and award substantial damages.
5 (12.5%)
Allow the claim and award token damages.
18 (45%)

Total Members Voted: 33

Voting closed: February 27, 2015, 02:50:24 PM

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Author Topic: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.  (Read 147159 times)

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Offline Mr Gray

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #525 on: January 25, 2015, 09:54:37 PM »
Quote from: Slartibartfast on January 25, 2015, 09:53:03 PM
So you are suggesting the McCs are going to do a runner?

I am suggesting nothing..
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Offline slartibartfast

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #526 on: January 25, 2015, 09:56:45 PM »
Quote from: davel on January 25, 2015, 09:54:37 PM
I am suggesting nothing..

Yes you are...
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“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline Mr Gray

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #527 on: January 25, 2015, 09:57:46 PM »
What I do know is that the court is holding amaral's money...not the mccanns
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Offline Mr Gray

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #528 on: January 25, 2015, 09:59:57 PM »
Quote from: Slartibartfast on January 25, 2015, 09:56:45 PM
Yes you are...

how can they do a runner when they live in the UK...can you answer the question...I can
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Offline slartibartfast

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #529 on: January 25, 2015, 10:01:42 PM »
Quote from: davel on January 25, 2015, 09:59:57 PM
how can they do a runner when they live in the UK...can you answer the question...I can

Running away from obligations...doh.
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“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline Mr Gray

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #530 on: January 25, 2015, 10:04:07 PM »
Quote from: Slartibartfast on January 25, 2015, 10:01:42 PM
Running away from obligations...doh.

We are talking about the law...not obligations..an application for costs would...imo...not be enforcable
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Offline slartibartfast

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #531 on: January 25, 2015, 10:05:45 PM »
Quote from: davel on January 25, 2015, 10:04:07 PM
We are talking about the law...not obligations

So you are suggesting they ignore their legal duties?
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“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline Mr Gray

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #532 on: January 25, 2015, 10:06:43 PM »
Quote from: Slartibartfast on January 25, 2015, 10:05:45 PM
So you are suggesting they ignore their legal duties?


not at all...let the legal process take its course...any assets owned in Portugal would be at the courts mercy...but the law would protect any assets in the uk
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Offline Mr Gray

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #533 on: January 25, 2015, 10:15:33 PM »
Quote from: stephen25000 on January 25, 2015, 09:39:06 PM
Wrong way round.

The McCann's face huge legal bills.

so the answer is no...the mccanns will not be facing any huge legal bills
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Offline John

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #534 on: January 25, 2015, 10:24:25 PM »
Quote from: davel on January 25, 2015, 10:06:43 PM

not at all...let the legal process take its course...any assets owned in Portugal would be at the courts mercy...but the law would protect any assets in the uk

This thread has been red hot recently so I am still catching up so apologies if I have missed something. 

Out of interest, tell me Davel, what do you mean by the law would protect any assets in the UK?   Portuguese civil law has no jurisdiction outside of Portugal.

As an aside, Portuguese criminal law can reach far beyond the shores of Portugal.


« Last Edit: January 25, 2015, 10:27:34 PM by John »
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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 Mr Gray

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #535 on: January 25, 2015, 10:27:05 PM »
Quote from: John on January 25, 2015, 10:24:25 PM
This thread has been red hot recently so I am still catching up so apologies if I have missed something. 

Out of interest, tell me Davel, what do you mean by the law would protect any assets in the UK?   Portuguese civil law has no jurisdiction outside of Portugal.

what I am saying is that an award of costs against the mccanns would not be enforceable in the uk
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Offline misty

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #536 on: January 25, 2015, 10:30:18 PM »
Quote from: davel on January 25, 2015, 10:15:33 PM
so the answer is no...the mccanns will not be facing any huge legal bills

Could they not be pursued by Amaral/the Portuguese lawyers under a European Payment Order, in the unlikely event of them losing the case?
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Offline slartibartfast

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #537 on: January 25, 2015, 10:33:08 PM »
Quote from: davel on January 25, 2015, 10:27:05 PM
what I am saying is that an award of costs against the mccanns would not be enforceable in the uk

Findlaw.com

Quote
Under the Brussels Regulation and Lugano Convention, a creditor can enforce a debt in another country if that country uses the regulation or convention. The Brussels Regulation includes all EU countries, except Denmark; and the Lugano Convention covers members of the European Free Trade Association.

Countries covered by the regulation and convention will enforce judgments made in other countries.
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Offline Mr Gray

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #538 on: January 25, 2015, 10:36:08 PM »
Quote from: Slartibartfast on January 25, 2015, 10:33:08 PM
Findlaw.com

this is for uncontested  claims and is a complex area ...the mcccanns merely have to contest the claim
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Offline slartibartfast

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #539 on: January 25, 2015, 10:38:15 PM »
Quote from: davel on January 25, 2015, 10:36:08 PM
this is for uncontested  claims and is a complex area ...the mcccanns merely have to contest the claim

Which would be in PT.
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“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.
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